Auto Insurance Claims: Auto/cycle crash, soft tissue injury, small claims court

Question
While riding my cycle a person pulled out in front of me and I only had two choices. Lay it down and hope for the best or broadside her. I laid the bike down and avoided her. She admitted to the police and it is on report that she never saw me and that she was responsible. I submitted a claim to her carrier for my jacket, boots, helmet, watch, gloves and $250 deductible. Her carrier AAA has told me that as I was on a bike mini tort does not apply and I have to go to my homeowners. Is this correct?

Answer
Hi Gerald,

I do not have a ready answer since I do not know what state has such a strange law: it sounds like the never-never land of some no-fault state.  It would be bizarre if your legislators, in bowing to their insurance industry sponsors, eliminated the right of an accident victim to recover for damages sustained.

While bikes may or may not be mentioned in no-fault schemes, one would think that there is no provision to abrogate the rights of the victim to just compensation.  Hence, I will answer further once you give me more information.

May I respectfully suggest that you do two things:
FIRST, ask the adjuster to cite you the provision in the law and write me and give it to me for research

SECOND, call the clerk of your local small claims court and ask him if you are denied access to the court by reason of riding a bicycle.  Have him cite you the law and report it back to me.  I would not mention that the claim is property damage only since it is likely you will feel some aches and pains that may need some medical treatment.

My guess is that you still do retain the right to sue, but with the abuses inflicted by the insurance industry via those inane no-fault schemes, no one can say for sure until they read the statute.  

I take it that such a fall might also result in some soft tissue injury.  If so, do not ignore the symptoms or delay: get to a doctor and start treatment.  You should be able to make a recovery for those, one would hope.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com