Technically, neither bicycles nor cars always have the right of way as it will depend on each scenario. Since bicycle riders have the same privileges and responsibilities as motorists in California, they must yield the right of way under the same conditions as drivers. For example, if a car and bicycle approach an intersection with a stop sign at the same time, whichever arrived first has the right of way. If multiple cars and a bicycle come to an uncontrolled intersection, the driver or bicyclist to the right has the right of way.
Since bicyclists have the same privileges as motorists, that also means they can be liable for an accident if they are at fault. For instance, if bicyclists fail to yield the right of way to a car and cause an accident, they can be held responsible for damages. Depending on the bicyclist’s auto insurance policy, their insurer may cover the accident. However, cyclists are not required to carry liability insurance for riding a bike. If they do not have auto insurance because they do not drive, the driver of the car will have to file a personal injury lawsuit against the bicyclist to recover damages.