Auto Insurance Claims: Liability Dispute, dmv website, california dmv

Question
Thanks in advance for answering my question Mr. Hixenbaugh.

I live in California and last week I was involved an a auto/pedestrian accident, me being the driver in the car. It was about 10:00 pm and I was getting off a highway exit. I stopped at the stop sign, looked both ways, and then tapped the gas to go. Unfortunately there was a gentleman on his bike coming through the crosswalk. I just barely hit him but it was enough to knock him off of his bike. I pulled over to the side of the road and the police where called. A ambulance showed up and checked the gentleman out. He did not go to the hospital but he did have a bump on his head from the fall to the ground.

The police showed up and took a report. I was told by the police that the gentleman on the bike was intoxicated. Also the gentleman was dressed in dark clothing and only had one reflector on the front of his bike. There was no light of any kind.

I called my insurance company and reported the incident. Afterwords, someone was sent out to take pictures of my car to show there was no damage. I was told when they came out that they had settled with the bicyclist. The total amount they gave to him was under $2000. I was then informed that I was 100% at fault and the case was pretty much closed.

I called the insurance company today and tried to dispute that it was not 100% my fault. The guy I talked to was the same person that came out to look at my car. He said that it didn't matter that the bicyclist was intoxicated because you can't get arrested for that, which in fact you can. He then also tried to tell me that you do not need a light on the front of your bike, which in fact you do.

Once I looked up the information on the California DMV website and saw that he was wrong I immediately called him back. He said that it didn't matter and why would I want to waste my time because no matter if I was 51% or 100% at fault I would be held responsible and my rates would most likely increase. I was also told by him that they had not even received the police report yet.

I asked to speak to his manager and was directed to a voice mail. I left a message and am waiting for a call back. I am not worried about my insurance cost at this point I just want a fair investigation done. I feel that if anything it was 50% my fault 50% his. Is there anything I can do to dispute this? Also my insurance company is Progressive. Sorry for the long post and thanks again for the answer.

Rob

Answer
Hi Rob,

I understand your frustration, however, regardless of the fact that the person was drunk, had on dark clothes and had no light on his bike, in most car vs bike or pedestrian accidents the car is almost always found to be at fault. The insurance companies job is to protect you and to try to settle claims before they become unmanageable. If the bike rider had been given additional time, he may have spoken to people who would have advised him to get an attorney and try for a much larger settlement. The insurance company simply tried to head this off, make him an offer and get him to sign a release form so he could not come back later many thousands more.

Again, I know it's frustrating, but in this case they likely did the right thing to save you from a law suit that you would likely have lost.

I hope this helps
Richard Hixenbaugh