Bike slams into a parked car, what to do?

[blahblah56]

What is the name of your state (only U.S. law)? Hawaii


I'm really stuck in a tough situation so any feedback is greatly appreciated. So my brother, while riding on his bicycle, was trying to avoid an oncoming car as he was making a left and the driver was in that lane, making a right. He was forced to ride onto the sidewalk to avoid being run over by the car. He flew into the door of a parked car. The car that he tried to avoid ran off. The owners of the damaged car come out and my brother exchanges information. No police report was made. She later called us and told us that the insurance told her if she filed a claim (she has full coverage), the insurance company will come back and bill us for total damages to the car, not just the deductible. I know my brother is partially at fault, but he was run off the road by a car that then sped off, which caused the collision with the parked car. We are more than happy to pay for her deductible, but to pay $2000 is kind of extreme. my brother is 18, still in high school, no job or assets. if the insurance company does try to sue or bill my brother, can they really do much because my brother pretty much has nothing?

[JustAPal00]

Do your parents have home owners insurance?

[justalayman]

first, by the description of the action that caused him to hit this car, your brother would appear to be at fault. Your brother was turning left (first evidence he had to yield ROW) and had to avoid an oncoming car (second evidence) which was turning right (third).

Everything you posted without any further info shows your brother to be at fault for what happened. As such, he would be liable for any damages he caused.

Searching Hawaii statutes appears to be a real PITA for some reason so I cannot site anything specific several possible things typically regulated by statute that may apply to Hawaii;

was the accident required to be reported to the police? Many states treat bicycles as motor vehicles in many situations and as such, require situations such as accidents breaking a specified threshold of damage to be reported to the police.

If another vehicle obviously caused this, why were the police not notified for that as well? If supportable, this would remove your brothers liability as he was not the cause of the damages, merely another damaged person.

Now, one thing I would really like to see an explanation for is this:

He was forced to ride onto the sidewalk to avoid being run over by the car. He flew into the door of a parked car.

How did he hit a car if he was forced "to ride" on to the sidewalk? It would seem once he reached the sidewalk, there would be no cars to hit.

[ecmst12]

He can't even prove that there was another car involved. His vehicle was moving, the parked car was not - he is at fault.

If there is a homeowners or renters policy that covers him, that should pay for the damage. But he is liable for the FULL cost to repair the damage, not just the deductible.

[JustAPal00]

Originally Posted by ecmst12

He can't even prove that there was another car involved. His vehicle was moving, the parked car was not - he is at fault.

If there is a homeowners or renters policy that covers him, that should pay for the damage. But he is liable for the FULL cost to repair the damage, not just the deductible.

Why would he have to pay more then the deductible? If he's under his parents insurance and they cover the accident, then all he would be responsible for is the deductible.

[ecmst12]

If he has insurance that will cover, then they will pay for ALL of it - there is no deductible on liability claims. Nothing will come out of his pocket.