Auto versus bicycle

[Kelly in Calif]

Hi all. I did a search and didn't find what I was looking for.

In California, is it legal to ride a bicycle on the sidewalk?

Here's what happened: I was driving and I turned right out of a business driveway, then immediately turned right into another business driveway. Traffic was clear, and I had my blinker on.

As I pulled into the second driveway, I was hit by a bicyclist. He hit the side of my car, about a foot behind the passenger's door.

Fortunately, the bicyclist was not injured. We went to a nearby police station and filed a report.

The person who hit me was 17 years old (I don't know if that matters). He says it was my fault. I disagree; he was riding on the sidewalk, at a high speed, in a busy business location and I did not see him. He ran into me.

My car now has a couple of dents and some scratches from where he hit me. I'd like to file a claim with my insurance company to get that fixed.

My question is, who was at fault in this accident? Can I file a claim and get the damage fixed, or should I just get it fixed myself and not involve the insurance company?

Thanks,

Kelly

 

[I AM ALWAYS LIABLE]

Hi all. I did a search and didn't find what I was looking for.

In California, is it legal to ride a bicycle on the sidewalk?

Here's what happened: I was driving and I turned right out of a business driveway, then immediately turned right into another business driveway. Traffic was clear, and I had my blinker on.

As I pulled into the second driveway, I was hit by a bicyclist. He hit the side of my car, about a foot behind the passenger's door.

Fortunately, the bicyclist was not injured. We went to a nearby police station and filed a report.

The person who hit me was 17 years old (I don't know if that matters). He says it was my fault. I disagree; he was riding on the sidewalk, at a high speed, in a busy business location and I did not see him. He ran into me.

My car now has a couple of dents and some scratches from where he hit me. I'd like to file a claim with my insurance company to get that fixed.

My question is, who was at fault in this accident? Can I file a claim and get the damage fixed, or should I just get it fixed myself and not involve the insurance company?

Thanks,

Kelly

My response:

As far as California law is concerned, the kid is correct. The kid was obviously there. You violated his "right of way" despite the fact that you looked and "you didn't see him." A summary definition of "negligence" is: "Those who look, but do not see, are negligent."

Additionally, assuming arguendo, that the kid is comparatively negligent, who are you going to sue? An uninsured bicycle rider? No. Are you going to make an uninsured motorist claim against your own policy? You can't.

Chong v. California State Automobile Assn. (1996) 48 Cal.App.4th 285, 55 Cal.Rptr.2d 648

The Court of Appeal affirmed. The court held that the trial court properly granted summary judgment for the insurer, since the bicycle was not a "motor vehicle," either under the terms of the policy or within the meaning of the uninsured motorist insurance law. The policy provided coverage for injuries caused by an uninsured "motor vehicle," which it defined as "a land motor vehicle or a trailer." Under the ordinary and plain meaning of the policy language, the vehicle had to be motorized, and a bicycle did not qualify. Moreover, automobile liability insurance policies must provide coverage for losses the insured would be legally entitled to recover "from the owner or operator of an uninsured motor vehicle" (Ins. Code, § 11580.2, subd. (a)). "Motor vehicle" is defined as "any vehicle designed for use principally upon streets and highways and subject to motor vehicle registration under the laws of this state" (Ins. Code, § 11580.06, subd. (a)). However, bicycles are not subject to motor vehicle registration laws. Motor vehicle registration is provided for in the Vehicle Code (Veh. Code, § 4000 et seq.), and "motor vehicle" is defined in that code as "a vehicle which is self-propelled" (Veh. Code, § 415). A bicycle, however, is defined in that code as a device "propelled exclusively by human power" (Veh. Code, §§ 231, 39000). (Opinion by Dossee, J., with Stein, Acting P. J., and Swager, J., concurring.)


Sorry, but you're out of luck on this one.

IAAL

 

[HomeGuru]

The cost to repair is probably under your deductible amount anyway.

 

[Kelly in Calif]

Thanks, IAAL, that's what I wanted/needed to know. I'm not out to sue the kid, or anyone... just wanted to know who's responsible for the damage to my car -- I see now it's me, so I'll take care of it. I still think it's not the brightest thing to ride a bike at a high speed on a sidewalk in a very busy location, but that's just my opinion of course. I'm just glad he wasn't hurt.

Kelly

P.S. Homeguru, I'm sure you're right; it's not a huge dent.