Hit as a pedestrian or cyclist in Wisconsin: what to do

Call 911. If you are hurt, stay still until help arrives unless you are in danger where you are.

Why: Head, neck and internal injuries are common when a car hits a person and may not be felt right away.

Let paramedics check you, and go to the ER or a doctor the same day even if you feel OK.

Why: Medical records made right after the crash connect your injuries to it.

If you answered “Yes” to “Did the driver stay at the scene?”

Get the driver's name, phone, address, driver's license number, plate number, and insurance company and policy number. Photograph their license, insurance card and plate.

Why: You need the driver's insurer to make a claim.

If you answered “No, they drove off” to “Did the driver stay at the scene?”

Tell police right away that the driver left, and give every detail you remember about the car (make, color, partial plate, direction) and the witnesses' contacts.

Why: Leaving the scene is a crime, and a prompt police report is often required for an uninsured motorist claim for a hit-and-run.

If you can, photograph the scene: crosswalk, signals, signs, lighting, the car, your injuries, and where you and the car ended up. Get witness names and phone numbers.

Why: Who had the right of way is often disputed; photos and witnesses help show it.

Ask the officer for the report number and how to get a copy of the report.

Why: Insurers use the police report to decide fault.

If you answered “Bike, e-bike or scooter” to “Were you walking or on a bike or scooter?”

Keep your bike, helmet, lights and damaged clothing as they are; do not repair or throw them away yet. Photograph them.

Why: They are evidence of how the crash happened and part of your property damage claim.

Read your state's rule below on who pays PIP (no-fault) benefits to a pedestrian or cyclist, and file that claim in writing.

Why: In some states, PIP from your own policy, a household member's policy, or the policy on the car that hit you pays your medical bills first, whoever was at fault, and claims have short deadlines.

If you answered “Yes” to “Did the driver stay at the scene?”

Open an injury claim with the driver's insurer, and ask for the claim number and adjuster. You do not have to give a recorded statement right away.

Why: If the driver was at fault, their liability insurance pays your medical bills, lost wages, pain and suffering and damaged property, usually in a settlement at the end.

If you or someone in your household has car insurance, call that insurer and ask whether your uninsured motorist, medical payments or PIP coverage covers you when you are walking or biking.

Why: Whether these coverages apply to you outside a car depends on your state and the policy wording, so ask and get the answer in writing.

Give your health insurance to every provider and keep every bill, record and receipt. See the plan on who pays medical bills after a crash for health plan repayment rules.

Why: Health insurance can pay while the auto claims are open, but it may ask to be repaid from a settlement.

Get the police report. If it has mistakes about the facts, ask the police department how to add your statement or request a correction.

Why: Insurers rely on the report, and a wrong fact (for example, which way the light was) can hurt your claim.

Ask nearby businesses, homes and the city or transit agency to keep any camera video of the crash (template below). Ask quickly.

Why: Many systems record over video within days or weeks.

If you answered “Bike, e-bike or scooter” to “Were you walking or on a bike or scooter?”

Get a written repair estimate or replacement price for your bike and gear, and keep receipts for any rides, medical devices and other costs.

Why: You can claim property damage and costs you can prove.

If you answered “A city bus or other government vehicle” to “What kind of vehicle hit you?”

Find out which government body owns the vehicle (city, county, transit agency, state) and check your state's notice-of-claim deadline below; file the written notice on time.

Why: Before suing a government body, most states require a written notice within a short time, sometimes 90 days or 6 months.

If you answered “A company vehicle, truck, taxi or rideshare” to “What kind of vehicle hit you?”

Get the company's name and its insurer from the police report or the driver; for a rideshare, report it in the app and ask for the claim contact.

Why: A company vehicle or a rideshare trip may have commercial insurance with higher limits.

If the insurer says you were partly at fault (for example, you were outside a crosswalk, or riding without lights), check your state's comparative fault rule below.

Why: In most states your share of fault reduces what you get; in a few, any fault can bar you (DC has an exception for pedestrians and cyclists).

Do not settle until your treatment is finished or your doctor can say how you will recover, and check any health plan repayment claim first.

Why: A signed release usually ends your claim.

If an insurer delays or denies payment without a clear reason, see the plan for a denied insurance claim and complain to your state insurance department.

Why: State insurance departments handle these complaints for free.

If you answered “Bike, e-bike or scooter” to “Were you walking or on a bike or scooter?”

For bike or other property damage the driver's insurer won't pay, you can sue the driver in small claims court up to your state's limit.

Why: Small claims is low-cost and built for people without lawyers.

Watch your state's deadline to sue for a personal injury. Talk to a lawyer well before it.

Why: After the deadline you usually lose the right to sue.