[California] I was deemed not-at-fault in an accident involving a cyclist. I paid my deductible, got my car repaired, and moved on. But what goes on behind the scenes between my insurance and the cyclist?
About a year ago, I had an encounter with a cyclist at night. The cyclist entered the intersection without stopping and collided with my vehicle. I was driving on a road that has no stop sign and is poorly lit, while the cyclist came from a private, unlit street where they were required to yield. Fortunately, I had a dash cam that captured the whole incident, which really did feel like a situation where he “came out of nowhere.” The cyclist sustained injuries, so I called 911, and paramedics took him to the hospital. I shared my account with the responding officer while EMS and firefighters assisted the cyclist. The officer requested the dash cam footage, which I provided, and I also sent it to my insurance adjuster.
Ultimately, the adjuster concluded that I was not at fault, and the police report also supported this, placing blame on the cyclist. My repair bill was in the thousands, and I paid my deductible. However, my adjuster later indicated that they allocated fault at 90-10 — this was to facilitate the payment of the cyclist’s hospital bills. They explained this approach was designed to protect me and their company from any potential personal injury lawsuit if they denied the cyclist’s claim altogether. I accepted this rationale, and from my observations on this subreddit, it seems to happen fairly often.
My adjuster mentioned that they would send letters or possibly an investigator to the cyclist’s listed address. For the past year, I haven’t worried about it, assuming my insurance would handle everything, and I’ve noticed my rates have not increased. Now, I’m just curious about what happens next in situations like this. What occurs behind the scenes once my car is repaired? Have they been actively trying to reach the cyclist? Or do they just mark the cyclist as unresponsive and move on?
It’s great to hear that you’ve moved on after your accident, and it sounds like you handled the situation well, especially with the dash cam footage to support your account. In terms of what happens behind the scenes with your insurance company and the bicyclist’s claim, here’s a general overview:
Investigation and Claims Handling: After your insurance adjusted the claim and assigned fault, their next step typically involves investigating the bicyclist’s injuries and related claims. This may include obtaining medical records, bills, and other pertinent documentation.
Pursuing Recovery: Your insurer would likely try to recover costs from the bicyclist, especially since they assigned some fault to the bicyclist in this situation. They might employ an investigator to gather more information or even reach out to the bicyclist directly.
Communication: Your insurance may attempt to contact the bicyclist through letters or phone calls. If they don’t receive a response, they could send follow-up communications or possibly attempt to reach out through mutual contacts.
Potential Outcomes: If the bicyclist does respond, the insurance company will negotiate the payout or may seek to hold the bicyclist accountable for the damages, which could lead to a subrogation claim. If the bicyclist is unresponsive, your insurer might write off the claim after exhausting their options, depending on the circumstances and the amount involved.
Legal Action: If the bicyclist decided to pursue legal action against either you or your insurance company, they would not just drop the case; instead, it could escalate to a lawsuit. However, since you were found not-at-fault, your insurer would represent your interests in court.
Time Frame: This entire process can take several months or even longer, depending on the situation’s complexity, the responsiveness of the involved parties, and the legal procedures.
It’s good to know that your rates haven’t increased, which suggests that your insurer has managed the claim effectively. If you have further questions or concerns, you could always reach out to your adjuster for more specific information about your case.