Auto Insurance Claims: bike car accident, bike car, guilty party

Question
Thank you for you answer. I really appreciate your help.
I live in Northern CA and I was in an accident. I was biking - as I entered an intersection, I saw the light change from green to yellow. In that split second I decided to continue as I thought it would be unsafe to break and stop in the middle of the intersection. I crossed 3 lanes and the light turned red. A car on my right (that had been stopped at the light) started and we collided. None of us called the police (I was in a shock.)When a witness asked whether he should call the police, the driver said no. I am covered in bruises because I tried to avoid him and hit his car with my body. I did not go to the doctor nor wanted to claim anything - I was just happy to not have broken anything. His insurance called me and say that he was not responsible and that I need to pay for the damage to his car (his mirror broke). They say they decided that because another witness states that he had green too. So the basis of their decision is that the driver had the right to go on his green and I needed to make sure I could finish crossing. I talked to a lawyer and he says that I should file a claim for my injuries. I really just care for the truth - that this was not more than 50% my fault. I don't want to ask for any money or anything. I just don't think I am 100% responsible for the damage to his car and I shouldn't be the guilty party and pay the estimated $2000. I also worry that, by talking to his insurance, I have already dug myself into a whole. Is there any way to dispute the decision of the insurance company? Do I really need to file a claim so as to stop his insurance from asking me to pay? And do I stand a chance?

Answer
Hi Anna,

Yes. Insurance companies are like sharks. They will pursue you unless you turn and bite back. The attorney is correct. You ned to file a claim for injuries and you need to dispute libility. Being on a bike puts you in the same catagory as a pedestrian. Considering how far across the road you were before the light turned green, the other driver should have seen you and allowed you to finish crossing. You may want to hire the attorney. He may want you to go to a doctor which is ok. Just do what the attorney tells you.

I hope this helps
Richard Hixenbaugh