Car verse Cyclist Question

[I Eat Rice]

So I was in the parking lot of Wal-Mart around 9:00 pm. A black Pacifica with tinted windows was parked next to me so I pulled forward a foot or two to see if any cars were coming down the isle before pulling out.

At the same time, a man on a bicycle that was absolutely flying through the parking lot nails my front bumper because he had been riding WAY too close to the parked cars and must have never seen me behind the Pacifica.

He was taken away in an ambulance and was fine. A few stiches on his forehead, but still a pretty hefty hospital bill. My hood and bumper are scratched and the fender has some minor damage.

He had no light or reflectors on his bike, and was wearing a dark blue sweatshirt and jeans which the officer noted as citations aswell as moving to fast and not be cautious because they are unable to write tickets in a parking lot.

The cop didn't give me any citations because I had my lights, and seatbelt on, and appeared to be doing everything correctly.

They say "blame" is always split and very rarely given 100% to one side, but will I end up paying for his hospital bills?

 

[FordSVTFan]

Your insurance company may decide to pay the bills rather than fight it in court, as it would probably be cheaper. I would argue the fact that he is supposed to obey the traffic rules and he was not.

Good luck

 

[Sandgnat]

My wife had a situation much like this. She was leaving a daycare and turning into a divided highway (two lanes each way). She stopped, looked left and began to move into her traffic lane. As she did, a guy riding a bike on the wrong side of the road caught her front end. He never fell from the bike as she had just begun to move when contact was made. LEO that investigated listed her as responsible, gave nothing to the guy on bike ignoring traffic laws, and insurance paid this clown over three hundred for a trash can bike he was riding.

You can bet they will pay any claim submitted and You will have the honor of sucking it up in the form of higher bills.

 

[I Eat Rice]

Your insurance company may decide to pay the bills rather than fight it in court, as it would probably be cheaper. I would argue the fact that he is supposed to obey the traffic rules and he was not.

Good luck

If this is what they decide to do, and pay his bills without fighting it...Will they still want to raise my insurance rates?

Even though it may have come out to not be my fault if it had gone to court.

 

[tharsis]

Usually the cyclists are given the edge. I have noticed that in Boulder, near where I live (where all the bicyclists live) they don't seem to be too cautious. Most of the bicyclist "accidents" I have heard of have ended with the bicyclist winning. However, you seem to be OK in this case. At least the cop was on your side.

 

[FordSVTFan]

If this is what they decide to do, and pay his bills without fighting it...Will they still want to raise my insurance rates?

Even though it may have come out to not be my fault if it had gone to court.

If your insurance company pays a claim, they will charge you for it.

 

[jshen]

Cyclists are expected to follow the "uniform rules of the road"..i.e. traffic laws. Bike should have been going a safe speed and using lights..which according you was not. Technically you have to yield and as others posted and blame can get split...In your case, I would much rather have your case than biker's..I think you'll be ok.

 

[tistan]

What if it is a young kid on a bike and he darts out in front of your car. Are you responsible? I have several kids in my neighborhood that look like they are drunk when riding thier bikes, and I always wonder what will happen if one of them runs into me.

 

[Greenbird]

The only difference between bikes and cars in the traffic sense is that bikes are supposed to recieve right of way. Both must yield to pedestrians. I see bikes causing havoc all the time downtown.

If you want to you can call the cops on the bikers if they are creating a traffic hazard.

 

[jshen]

What if it is a young kid on a bike and he darts out in front of your car. Are you responsible? I have several kids in my neighborhood that look like they are drunk when riding thier bikes, and I always wonder what will happen if one of them runs into me.

Police will investigate the incident, look at cyclists actions and your speed etc. When you see knuckleheads on bikes all you can do is slow to a crawl. If they hit you...they are at fault...and in many cases get a ticket for it. It's the 10 and under group that scare me..I've been known to stop and wait for them to pass me....

 

[WraithCobra]

If your insurance company pays a claim, they will charge you for it.

Not always true. I had a run in with a cyclist, no one was ticketed but he was in the wrong. My ins. co. settled with him and my ins. rates were unaffected.

 

[I Eat Rice]

Not always true. I had a run in with a cyclist, no one was ticketed but he was in the wrong. My ins. co. settled with him and my ins. rates were unaffected.

In a perfect world, this would be identical to my situation.