DoctorFunk
Junior Member
What is the name of your state? Wisconsin
I was recently in a car/bike accident (I was the bicyclist) while commuting to school. I was riding in a full size right turn lane when a woman in a Chevy Blazer pulled in front of me (from my recollection she did not necessarily cut me off, but we were fairly close). She and I were both turning right on the next street, and the light at the intersection we were approaching had just turned yellow when she stopped cold, braking very hard. I had been biking at a decent clip, trying to keep up with car traffic in the right turn lane in an effort not to get run down from behind, but I certainly wasn't speeding or anything like that.
After she braked I had very little time to slow down and despite efforts to make for the curb to avoid the car, I ran into her tailgate. I was thrown over the handlebars and into her tailgate and my bike scratched up her tailgate pretty badly. I was not injured (although my bike's front tire was totaled), and the police were called to report the accident. I was given her name, contact info, and insurance information, and she was given my contact info. I do not have any car or homeowner insurance.
I received a letter from her insurance today claiming that they had paid for the cost of her car repair (minus a $100 deductible) and had completed an "investigation" in which they found me at fault. They expect me to pay for the costs of the repair: approximately $900. I am aware that Wisconsin is a "comparative negligence" state, and am wondering how I might go about convincing her insurance company that she was not without fault in this accident. I, for one, do not think that coming to a dead stop at the beginning of a yellow light is responsible/safe driving for those behind you (especially those without power brakes!)
Thanks for any advice/suggestions you may have in trying to negotiate with her insurer!
I was recently in a car/bike accident (I was the bicyclist) while commuting to school. I was riding in a full size right turn lane when a woman in a Chevy Blazer pulled in front of me (from my recollection she did not necessarily cut me off, but we were fairly close). She and I were both turning right on the next street, and the light at the intersection we were approaching had just turned yellow when she stopped cold, braking very hard. I had been biking at a decent clip, trying to keep up with car traffic in the right turn lane in an effort not to get run down from behind, but I certainly wasn't speeding or anything like that.
After she braked I had very little time to slow down and despite efforts to make for the curb to avoid the car, I ran into her tailgate. I was thrown over the handlebars and into her tailgate and my bike scratched up her tailgate pretty badly. I was not injured (although my bike's front tire was totaled), and the police were called to report the accident. I was given her name, contact info, and insurance information, and she was given my contact info. I do not have any car or homeowner insurance.
I received a letter from her insurance today claiming that they had paid for the cost of her car repair (minus a $100 deductible) and had completed an "investigation" in which they found me at fault. They expect me to pay for the costs of the repair: approximately $900. I am aware that Wisconsin is a "comparative negligence" state, and am wondering how I might go about convincing her insurance company that she was not without fault in this accident. I, for one, do not think that coming to a dead stop at the beginning of a yellow light is responsible/safe driving for those behind you (especially those without power brakes!)
Thanks for any advice/suggestions you may have in trying to negotiate with her insurer!