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misterholes

Cyclists hits me and sues

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Hello,

I have what seems to be a ridiculous story but true. About a month ago I was making a right on a highly trafficked intersection. I was completely stopped for maybe 5 seconds. All of a sudden a cyclists crashes into the right side of my car. She was cycling against traffic. There was no damage to her or the bicycle, it seemed more of situation in which she couldn't break in time. The police were called and suddenly the cyclists story completely changed. Apparently not only did I hit her, but I dragged her half way down the street with my truck without noticing and some how managed to reverse back to where I had been stopped (now parked) the entire time. No joke, the police were laughing uncontrollably of how ridiculous the claim was. The police offered to call the ambulance, but the cyclists refused. We exchanged information and it seemed to be over. However a month later now my insurance is calling me, telling me that the cyclists is suing for damages done to her person or bicycle. I am in process of getting copies of the police report done that day, as I'm sure the police report will reflect the truth versus what the cyclist is saying now. My question is how serious should I take this? Should I hire an attorney of my own? I would really appreciate your input as I have no prior experience to something this ridiculous. Thank you.

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18 minutes ago, misterholes said:

I was making a right on a highly trafficked intersection. I was completely stopped for maybe 5 seconds. All of a sudden a cyclists crashes into the right side of my car. She was cycling against traffic.

 

That doesn't make sense.  If you were making a right turn, then you were all the way to right of the street, right?  If the cyclist crashed into the right side of your car, then she even further right than you, correct?  How would that be "against traffic"?

 

 

20 minutes ago, misterholes said:

now my insurance is calling me, telling me that the cyclists is suing for damages done to her person or bicycle.

 

Suing you or making a claim against your insurance?  If you're being sued, it would be very odd that your insurer would find out about it before you.  If, in fact, you have been sued and your insurer found out about it first, then you should request that your insurer send you a copy of the summons and complaint.

 

 

21 minutes ago, misterholes said:

I'm sure the police report will reflect the truth versus what the cyclist is saying now.

 

The police report will simply contain statements made by the parties involved and any witnesses, as well as the observations of the officer(s) who made the report.  It won't "reflect the truth" in any way.

 

 

22 minutes ago, misterholes said:

how serious should I take this?

 

I'm not sure what you mean by this or how to answer it in any meaningful way.

 

 

23 minutes ago, misterholes said:

Should I hire an attorney of my own?

 

If, in fact, you have been sued or get sued at some point in the future, your insurer has a duty to hire a lawyer to defend you.  That's one of the huge benefits of having liability insurance.

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As noted by the prior response, your facts don't make a lot of sense.  If you were turning right, she couldn't be going against traffic to hit you on the right side.  She would have to be traveling in the same direction, behind you and to the right.

 

In any event, let your insurer worry about it for you.  It is their job to defend and indemnify you, up to policy limits.  Whether the police report contains any facts that exonerate you is unknown.  

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1 hour ago, adjusterjack said:

Could have happened like this.

 

Good point (of course, if that's what happened, then the whole bit about the cyclist claiming that the OP dragged her halfway down the block sounds even sillier).  Let's see if the OP returns and clarifies things.

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yes thank you adjusterjack, that's the exact drawing of the intersection and how it happened. And forgive me, my mistake in saying she's suing. She simply hired an attorney and talking to my insurance about the whole situation.

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17 minutes ago, misterholes said:

yes thank you adjusterjack, that's the exact drawing of the intersection and how it happened.

 

Based on your description she might have been riding on the sidewalk. Do you know?

 

Either way, she was riding the bike in violation of CA Vehicle Code Section 21200:

 

Quote

(a) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle

 

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=11.&title=&part=&chapter=1.&article=4.

 

19 minutes ago, misterholes said:

She simply hired an attorney

 

Probably some Whiplash Willie who thinks he can get her some go-away money by making a nuisance of himself. :D

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2 hours ago, misterholes said:

that's the exact drawing of the intersection and how it happened. And forgive me, my mistake in saying she's suing. She simply hired an attorney and talking to my insurance about the whole situation.

 

Then there's nothing for you to do at this point except keep in contact with the insurance adjuster who is handling the claim.  If you do get sued, let the adjuster know immediately.

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