You may still have a claim. Many times, a cyclist may be injured while taking evasive action to avoid being hit. If the driver of the vehicle, by their actions, caused you to become injured, then they can be held liable. This type of case is more difficult to navigate and will require some investigation of the scene and accident report. If you were injured in this way, without being physically touched by the motorist, it is important that you have an experienced bicycle attorney like Tom, with a deep understanding of both cycling and vehicular law, fight for you every step of the way.