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The At-Fault Driver's Insurer Will Call You — Possibly Within 24 Hours

Do not be surprised if the other driver's insurance adjuster contacts you the day after the crash. This is standard practice. Their goal is to gather information and, if possible, get you on a recorded statement before you have legal counsel.

You are not required to speak with the at-fault driver's insurer. You can — and should — tell them you have retained an attorney and all communications should go through your lawyer. If you have not hired one yet, say only that you are not ready to give a statement at this time.

Notify Your Own Insurance Company

You are typically required to notify your own insurer promptly after any accident, even one that was not your fault. This is important for two reasons:

• Your own uninsured/underinsured motorist (UIM) coverage may apply if the at-fault driver's policy is inadequate
• Your health insurance or MedPay coverage may begin covering treatment costs immediately

Be factual with your own insurer — describe what happened, confirm you were hit while on your bicycle, and let them know you are seeking medical treatment. Do not speculate about fault or downplay your injuries.

The Property Damage Claim Is Separate

Bicycle damage and personal property (helmet, gear, clothing) can be claimed through the at-fault driver's liability coverage relatively quickly — often while your injury claim is still pending. Do not repair or dispose of your bicycle before it has been documented and assessed. Photograph everything, including internal frame damage if applicable.

Follow Through on Every Treatment Recommendation

Gaps in medical treatment are one of the most common ways insurers reduce or deny claims. If your doctor refers you to a specialist, a physical therapist, or an imaging center — go. Every appointment you skip gives the insurance company grounds to argue your injuries were not as serious as claimed or that you failed to mitigate your damages.

Keep a daily journal of your symptoms, limitations, and how the injury affects your work, sleep, and daily activities. This written record becomes powerful evidence of pain and suffering.

Understand Medical Liens

If your health insurance paid for treatment, or if a hospital or provider treated you on a lien (meaning they deferred payment until your settlement), those entities have a legal right to be reimbursed from your recovery. Common lien holders include:

• Hospitals and emergency care providers
• Health insurers exercising subrogation rights
• AHCCCS (Arizona Medicaid)
• Medicare or Medicaid if applicable

This is not money lost — it is money that was always going to come out of the gross settlement. An experienced attorney negotiates liens down, often substantially, so your net recovery is maximized. Never try to negotiate medical liens yourself.

What Your Attorney Does After You Hire Them

When you retain a Phoenix bicycle accident attorney, the legal work begins immediately:

• Send a preservation letter to the at-fault driver, their insurer, and any involved businesses requiring all evidence to be preserved
• Obtain the police report and request any dashcam, intersection camera, or business surveillance footage before it is overwritten
• Gather your medical records and bills as they accumulate
• Communicate directly with all insurance companies — you stop taking their calls
• Identify all potential defendants and all available insurance coverage
• Investigate the crash scene, retain accident reconstruction experts if needed

Maximum Medical Improvement: The Trigger Point

Your attorney will not send a demand letter to the insurer until you have reached maximum medical improvement (MMI) — the point at which your treating physicians determine your condition has stabilized. This is critical because you cannot know the full value of your claim until you know the complete cost of your medical care, any permanent limitations, and your long-term prognosis.

Settling before MMI is one of the most common and costly mistakes cyclists make on their own. Once you settle, you cannot reopen the claim if additional treatment becomes necessary.

The Demand Letter

Once MMI is reached and all records are gathered, your attorney prepares a comprehensive demand letter — typically 20–50 pages — documenting every element of your damages: medical costs, lost wages, pain and suffering, future care needs, and more. This is sent to the at-fault driver's insurer with a settlement demand.

Most insurers respond with a counteroffer. Negotiation follows. The majority of bicycle accident cases settle at this stage without filing a lawsuit.

If a Fair Offer Is Made

Your attorney presents any settlement offer to you and advises whether it fairly compensates you for all your damages. You — not your attorney — make the final decision on whether to accept. If you accept, your attorney pays your medical liens, recovers their fee, and you receive the net balance.

If the Insurer Won't Pay Fairly

If negotiations reach an impasse, your attorney files a lawsuit in Maricopa County Superior Court. This does not mean you go to trial — the vast majority of personal injury cases settle during the litigation process before trial. Filing a lawsuit often causes insurers to reassess their position and make more reasonable offers. If the case does go to trial, your attorney presents your case to a jury.