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Auto accident involving bicyclist.. Fault? Insurance? Etc.?

  
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Auto accident involving bicyclist.. Fault? Insurance? Etc.?

Postby jomei69 » Wed Oct 26, 2011 3:42 am

Hi,

A friend of mine was borrowing my car for work. She was driving down the street at approx 35 mph (posted speed limit in that area is either 35-40). A young man on a bicycle was riding across the street and hit the back driver side of the car. The police made a report but the officer told her since it was less than 500 in damage did not HAVE to be reported. The guy on the bicycle told her and the cop he was trying to make it even though he seen the traffic coming. He also said it happened to him once before. A witness stated that she did have the green light to go. Ambulance arrived but the bicyclist told them that he was fine and just had a couple scrapes from hitting the ground. They stated that his bike came in contact with the car, then he fell to the ground; resulting in scrapes on elbow and forehead.

Some of the facts are;

It was night time (dark out).
The guy did NOT have lights on his bicycle (as req by law in CA on bicycles at night).
The guy was NOT in the crosswalk.
The speed limit on that street is either 35 or 40.
He admitted that he seen her coming but was trying to make it before oncoming traffic came.

Can't really think of anything else to write.. But I am curious if I am REQUIRED to report this to the auto insurance? The officer said since the guy said he wasnt injured and also the damage was less than 500 that I did not have to. Just wanted to see what anyone else's opinion is on this situation? Also, by the facts listed... Does it seem like it would be found at her fault or the bicyclist fault? Thanks in advance!
jomei69
 
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Auto accident involving bicyclist.. Fault? Insurance? Etc.?

Postby gobrwy » Wed Oct 26, 2011 3:46 am

Sounds to me like the guy on the bike should be responsible for any damage done to your car. If there is a police report, then the accident is public record and it wouldn't hurt to give your insurance company a copy. Not REQUIRED, but if you want your car repaired, you may need your insurance company's help in collecting from the guy on the bike.
gobrwy
 
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Auto accident involving bicyclist.. Fault? Insurance? Etc.?

Postby zadok » Wed Oct 26, 2011 3:49 am

The guy ran a red light, hit and damaged your car AND admitted this to the police.
What are you waiting for? Call your insurance. His fault, and admittedly.
His bicycle should not be in the crosswalk, unless he is walking it across - legally a pedestrian.
While being ridden, his bicycle is legally a vehicle and must follow all the rules and regulations ( the Code...)
His vehicle ran a red and hit yours.
Period.
zadok
 
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