Expert: Anne - 3/31/2009

Question
Hi. I was driving 35mph through a green light when a cyclist slammed into my door, shattering the window and taking out the mirror. A witness stayed and told police that the cyclist went through the crosswalk and the crosswalk signal was red. I saw the cyclist get up and move her bike to the grass so I moved out of the way of traffic and called 911. By the time I walked down the block she was already in the ambulance. She also told police that the crosswalk light was red. I asked the police if she was ok and they said it was minor and she had a bandage on her arm. The police officer also gave her a citation for flying through the crosswalk when it was red. On the police report it showed that she has no insurance. In a few days, I got a letter from my insurance company that she filed a bodily injury claim so now they are investigating and I have to give a recorded statement. My policy limit for BI is 25k, but this wasn't even my fault. Should I be worried? I have no money, I rent an apartment, make 10 bucks an hour.

Answer
Hello Mary,

Well, this is a hard question because car v. cyclist accidents do not look very good in front of a jury. With car accidents, things like this can make a big difference. This is probably why your insurance company will have to do a careful investigation regarding the issue of fault.

To learn more about car accidents and recorded statements, please visit:

http://www.auto-insurance-claim-advice.com/Recorded-Statement.html

Depending on how much medical treatment this person must have, 25K seems to be adequate in most states, (unless this person is very injured) – Assuming that you are at fault.

Your insurance company has a duty to you to settle within policy limits, so you would not be responsible for anything above and beyond that unless you are at fault and their damages are more than 25K AND your insurance company fails to settle within those limits.

Good Luck
Anne
http://www.auto-insurance-claim-advice.com/