Expert: Richard Hixenbaugh - 7/18/2010

Question
One year ago, I was riding my bicycle on a street (in TX) when a car turned right onto the street and hit me from behind.  

The police report states that I was at fault because I made an illegal U-turn shortly before I was hit.  I  disagree that I was at fault. I disagree that I made an illegal turn, and I disagree that it would have been a contributing factor. No citations were issued.  I feel that the police report was biased because I was being treated by EMTs when the driver and witness were being interviewed, and I had no input.

Approx. 1 month after the accident, without having spoken to the driver's insurance company (State Farm), I received a letter from a collections agency seeking damages.  Apparently my body dented the car's hood.  I ignored the letter and received about 10 more, as well as weekly phone calls.  Most recently, an attorney representing State Farm sent me a letter stating that he would be filing a lawsuit against me if I didn't pay up within 30 days.

I don't know how to protect my rights.  I called my own auto insurance, but they said that because I was on a bicycle, they cannot help me.

My injuries were not too severe - fractured leg and a lot of road rash - and I have since made a full recovery.  I just want to put the whole accident behind me and move on, but State Farm will not leave me alone. What can I do?

Answer
Hi E,

Unfortunately, ignoring a problem does not make it go away. You should have started to fight this when it first occured.

At this point there is not much you can do. You should speak to an attorney. State Farms attorney will file suit agains you and you will lose. State Farm will get a judgement against you that they will file with your county. You will not be able to buy or sell a car or a house. It will affect your credit rating which can cause higher insurance rates and keep you from getting a job. At least if you have an attorney, they may be able to help minimise the damage.

I hope this helps
Richard Hixenbaugh