[California] I was deemed not at fault in an accident involving a bicyclist. After paying my deductible and getting my car fixed, I moved on with my life. I’m curious about what goes on behind the scenes between my insurance and the bicyclist.
About a year ago, I had a collision with a bicyclist at night. The bicyclist entered the intersection without stopping and collided with my vehicle. The road I was driving on doesn’t have a stop sign and lacks sufficient lighting, while the street the bicyclist came from is private and unlit. Fortunately, I have a dash cam, and reviewing the footage clearly showed that he seemed to come out of nowhere. The bicyclist was injured, so I called 911, and paramedics took him to the hospital. I shared my version of events with the officer while EMS and firefighters worked with the bicyclist. The officer requested my dash cam footage, which I provided along with a copy for my adjuster.
My adjuster determined that I was not at fault, and interestingly enough, the police report also indicated the bicyclist was at fault. The repairs cost several thousand dollars, and I paid my deductible. However, the adjuster assigned 90% fault to the bicyclist and explained that this was necessary to cover his hospital bills. They said this approach helps protect both me and the insurance company from a potential personal injury lawsuit if they denied the bicyclist’s claim altogether. I accepted this explanation, understanding that it’s not uncommon based on what I’ve seen in this subreddit.
The adjuster mentioned they would try to contact the bicyclist or even send an investigator to his listed address. Personally, I haven’t worried about this in almost a year and assumed my insurance would handle everything, and my premiums haven’t increased. Now, I’m curious about what happens behind the scenes in incidents like this. Since I’ve had my car repaired and haven’t received any updates from either the bicyclist or my insurance, do they actively pursue the bicyclist? Or do they label him as unresponsive and simply drop the matter?
In a situation like yours, there are a few steps that your insurance company may take behind the scenes after determining fault and beginning the claims process. Here’s a general overview of what to expect:
Investigation and Communication: After your insurance adjusted for the claim and found you not-at-fault, the next step typically involves thorough communication with the bicyclist or their insurance (if they have one). Your insurer might conduct their own investigation by contacting the bicyclist, reaching out to witnesses, or even hiring an investigator to gather more details regarding the accident.
Medical Expenses Coverage: Since the adjuster determined fault to be 90% on the bicyclist, your insurance likely covered a portion of the bicyclist’s medical expenses. Insurance companies often take this route to limit potential liability or lawsuits resulting from personal injuries. By providing some coverage, they aim to reach a settlement without litigation.
Pursuing Reimbursement: Your insurer may attempt to recover costs from the bicyclist or their insurance if they determine there’s a strong enough case. They might send letters seeking reimbursement for the expenses paid out. If unsuccessful, they might write off the claim and absorb the loss.
Non-Responsive Claims: If the bicyclist is unresponsive, your insurer may try various means to contact him, such as sending letters or calling. If there’s no response after multiple attempts, it’s common for the insurance company to close the claim on their end and chalk it up to an unresolved case, especially if they cannot identify another avenue to recover their costs.
Potential Future Action: In some cases, depending on the overall costs and legal landscape, your insurer might pursue further legal actions to recover expenses. However, they often weigh the costs of litigation against the amount they might recover.
Your Rates: It’s positive that your rates haven’t increased. An incident like this may not always result in a surcharge if it is determined that you were not at fault, but every insurance company handles these situations a bit differently.
In sum, while you may not hear much from your insurance or the bicyclist, your insurance is likely still working through the details of the claim, attempting to manage costs and limits on liability. If they’ve not communicated further with you, it’s a sign that they are either working on it or have chosen to move forward without pursuing the matter further. If you’re particularly curious, you could reach out to your adjuster for any updates, although it sounds like they were handling everything efficiently.