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  1. #1
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    Dealing with other driver's insurance company

    As I mentioned in another thread, I was sideswiped bicycling to work 5/11. There is a police report with both the driver's and my version of events.

    The hospital asked me to contact my auto insurance company, which I did. Yesterday the driver's insurer contacted me and asked me for a statement.

    Dealing with other driver's insurance company-20180601_195418.jpg

    I was following the curve to the left, inside the striped area. The driver passed me closely on the left, intending to go straight. I was still in the striped area when the police arrived.

    The driver told her insurer I rode into her car. The problem is the companies are trying to attribute blame. Her insurer asked for a written statement and photographs. I'm not sure what to do.

  2. #2
    RoadBikeReview Member
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    lawyer up, asap.
    Ancient Astronaut theorists say, 'YES!'

  3. #3
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    At the minimum, don't speak to the other insurance company before you contact your own insurance company and ask them what to do. My impression (but IANAL...) is that your own insurance company is obligated to provide legal defense to you as part of the claims process. How this is handled may depend on whether you're in a no-fault state. I'd assume that whatever you say to the other insurance company "can and will be used against" you, as the warning goes.

  4. #4
    Proud luddite
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    Not trying to stir things up here and this is more a matter of curiosity for me....but will the fact that the OP was in the striped area cause problems for him? Motorists are not allowed to be in there, but will the authorities give a little leeway to a cyclist being there while trying to avoid car traffic?

  5. #5
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    So the driver passed you on the left in that cross-striped area, and dove to the right intending to stay to the right?

    I assume the police report didn't assign responsibility?

    Neither of my questions have any bearing on the following answers to your question.

    First, NEVER give a statement to the other party's insurance company.

    Get a copy of the police report.

    Get a copy of Bob Mionke's book, Bicycling and the Law. It's written by a lawyer and former national champion. There's an entire chapter devoted to what to do when in an accident.

    At your stage of the process, ask at a local bicycle shop for the name of a lawyer that's either a cyclist or has represented cyclists. Most bike shops have dealt with these issues many times and know who's who in the local cycling/legal world. Most lawyers will give you an no-charge initial consultation and can get you started in the right direction.

    Ask YOUR insurance agent what the process is and WHAT they are going to do to represent your best interests. Accident law varies from state to state, so sometimes giving advice can be inaccurate.

    I've been hit three times and been through the process just as many times, but I'm by no means an expert.

  6. #6
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    Accident

    Stop posting on the internet bout this stuff-

    As others have mentioned. Get a lawyer or make a statement with your insurance company.

    DO NOT GIVE THEM A WRITTEN OR RECORDED STATEMENT!!!!
    They will look for anything to twist what you say/write in order to reduce or deny payout.


    Quote Originally Posted by mtrac View Post
    As I mentioned in another thread, I was sideswiped bicycling to work 5/11. There is a police report with both the driver's and my version of events.

    The hospital asked me to contact my auto insurance company, which I did. Yesterday the driver's insurer contacted me and asked me for a statement.

    Click image for larger version. 

Name:	20180601_195418.jpg 
Views:	19 
Size:	112.1 KB 
ID:	322808

    I was following the curve to the left, inside the striped area. The driver passed me closely on the left, intending to go straight. I was still in the striped area when the police arrived.

    The driver told her insurer I rode into her car. The problem is the companies are trying to attribute blame. Her insurer asked for a written statement and photographs. I'm not sure what to do.

  7. #7
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    Jim Moss at recreation law deals in bike stuff recreation-law.com

  8. #8
    Seat's not level
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    Hire a professional = Lawyer ASAP and let them do their job.

    You are fighting against an insurance company that does this every day, all day long. they know what they are doing and will play all the tricks to pay you as little as possible or get out of it completely.

    Hire a lawyer and let them work for you. Yes they cost in the end, but will also get you more than you will on your own.
    Bad decisions make great stories - JP

    Spring is here... snowflakes are melting.

  9. #9
    pmf
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    Quote Originally Posted by Chain View Post
    Hire a professional = Lawyer ASAP and let them do their job.

    You are fighting against an insurance company that does this every day, all day long. they know what they are doing and will play all the tricks to pay you as little as possible or get out of it completely.

    Hire a lawyer and let them work for you. Yes they cost in the end, but will also get you more than you will on your own.
    I used to work with this guy whose wife worked for a large insurance company. Her job was to bully people into accepting small claims. That's all she did day in and day out. She liked her job and was good at it. That's what you're up against. Hire your own @sshole to even the odds.

  10. #10
    RoadBikeReview Member
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    dealt with one case on my own and it was really stressful. the first words out of the insurance agent's mouth were 'and what were you cited for?...uh, nothing jerko, your client t-boned me in an intersection when I had a green light...read the effin police report.

    when I submitted a claim for $2K bike replacement, the agent was like 'whuuuuut???? NO WAY a bicycle can cost TWO THOUSAND DOLLARS!!!!!'...things went downhill from there.

    pretty sure I got tooled with the settlement I received as I was unaware of being able to demand money for pain/suffering and they depreciated the crap out of the property damages.

    my other three cases were handled with the help of lawyers. huge decrease in stress and amount of my time required to conclude the process. not having to keep track of expenses for EMS, hospital, doctors, Rx, PT, chiro, etc etc and not dealing with douchey ins agents who treat you like a criminal was a big relief.

    the attorneys were worth every penny they charged.
    Ancient Astronaut theorists say, 'YES!'

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