[California] I was deemed not at fault in a collision with a cyclist. After paying my deductible and getting my car repaired, I moved on with my life. But what goes on behind the scenes between my insurance and the cyclist?
About a year ago, I was involved in a collision with a cyclist at night. The cyclist entered the intersection without stopping and collided with my car. The road I was on didn’t have a stop sign and was poorly lit, while the cyclist was required to yield. The cyclist came from a private street that had no street lights. Fortunately, I had a dash cam, and upon reviewing the footage, it was clear the cyclist seemed to appear out of nowhere. Despite being injured, I called 911, and the ambulance took him to the hospital. I provided my account of the incident to the officer on the scene, while paramedics and firefighters assisted the cyclist. The officer requested the dash cam footage, which I provided, and I also shared it with my insurance adjuster.
The adjuster found me not at fault, and the police report also placed the blame on the cyclist. I paid my deductible, which amounted to a few thousand dollars for the repair bill. However, the adjuster allocated fault at a 90-10 ratio to ensure that they could cover the cyclist’s hospital expenses. They explained that this approach protects me and the insurance company from a potential personal injury lawsuit if they were to deny the cyclist’s claim entirely, and based on discussions in this subreddit, I understand this isn’t uncommon.
My adjuster mentioned they would reach out to the cyclist at the provided address to follow up. I’ve been at ease for nearly a year, assuming my insurance would manage everything, and my rates haven’t increased. My question is more out of curiosity: What happens behind the scenes in situations like this? Now that my car is repaired, I haven’t heard anything from either the cyclist or my insurance. Do they actively pursue the cyclist, or do they eventually label the cyclist as unresponsive and move on?
In situations like yours, insurance companies typically follow a systematic process to address claims, especially when there are injuries involved. Since you were found not-at-fault and your insurance has already classified the incident with a 90-10 fault split to cover the bicyclist’s medical bills, here’s a general overview of what might happen behind the scenes:
Claim Investigation: After the initial claim is filed, your insurance will conduct further investigations if needed. This can include reviewing the police report, dash cam footage, and any witness statements.
Contacting the Injured Party: Your adjuster likely attempted to contact the bicyclist or their insurance (if they have one) to gather information about their injuries and medical treatments. They may send letters to the bicyclist’s address (as mentioned) to inform them of the claim process.
Negotiation: If the bicyclist provides medical documentation and claims related to their injuries, your insurance will review these claims and negotiate a settlement. This can include discussions about medical bills, lost wages, and other damages.
Pursuing Subrogation: Since you were found not-at-fault, your insurance may pursue subrogation, which means they will seek reimbursement from the bicyclist or their insurance for the amount they paid out for the claims. This often involves legal proceedings if the other party does not respond or cooperate.
Non-Responsive Parties: If the bicyclist is non-responsive or cannot be located, the insurance may classify the claim as uncollectible. They may try a few outreach attempts before deciding to write off the claim. Typically, insurance companies have their own risk assessment criteria to determine whether to continue pursuing recovery.
No Impact on Your Rates: It’s good to hear that your rates haven’t increased. This can occur if the insurance company deems you not-at-fault, and they often absorb the cost without passing it on to you.
Resolution: Ultimately, your insurance will decide whether to pursue the matter further or close the file based on their findings and the responses (or lack thereof) from the bicyclist.
While your involvement with the process may have been minimal after submitting the footage, rest assured that your insurance will have been handling the situation on your behalf. If any further actions are needed, they will typically reach out to you again.