Auto Insurance Claims: Bike v. car subrogation claim, subrogation claim, fault the police

Question
I'm a cyclist. A few months ago I was involved in a bike/car accident. I had the right of way on an open road, and a car made a right turn directly into my path. I had no chance of stopping, and no warning, as the car had come up from behind. Even though my injuries were relatively minor, I went to the hospital for precautionary reasons. My bicycle was damaged fairly severely. I recently received a $3,000-plus subrogation claim, as the insurance company has apparently determined I was responsible for the damage to the car. How is this even possible, and how can I fight it?

Answer
Russ,

I've been an avid a cyclist for many years (I ran my first triathlon this year) so I can feel your frustration with the way cars drive with cyclists.

It's "possible" because the insurance company believes they can bully you into paying them.  From the sound of things, it was the car who was at fault.  The police report is probably pretty clear about assigning liability. You should get a copy and review it.  If the officer is wrong in how it happened then you can file an amended report with your state DMV.

My advice is to seek legal representation for your injuries and the damage to your bike.  You'll end up with a new bike, you'll get treatment to repair your body along with something for the road rash and pain that I'm sure you suffered as you were thrown to the road.

There's nothing more frustrating than these types of situations but you really have no choice but to fight - ESPECIALLY when they're expecting you to pay them!

Best of luck,

Ernest Ferraro