Expert: Claims Guy - 4/3/2011

Question
I was riding on the sidewalk at about 8 mph when a vehicle abruptly pulled out of a drive-thru exit without yielding right of way to oncoming pedestrians and bicyclists before crossing the sidewalk.  The car hit my front wheel and I went over the handlebars, cutting open my nose on the sidewalk, and bruising the right side of my body plus both knees.  I did not require hospitalization.  There is some damage to my bike, probably in the region of $125 total.

I spoke to the driver after, and she insisted that she should not have to stop before crossing the sidewalk, and that there was no stop sign before the sidewalk.  There *is* a stop sign, I have photographs proving it.

She has already filed a claim with her insurance company and I am concerned she is going to come after me for the scuffs (very minor) on her bumper, while refusing to pay for the repair to my bike.  There are two independent witnesses that watched her exit the drive-thru without pausing before crossing onto the sidewalk and I have contact information for both.

What is the best way to proceed?  Please note that riding on the sidewalk is legal in that area, and that I was riding at a relatively slow speed of approximately 8 mph.  She just shot out of the exit so fast that I could not swerve to avoid her car.

Answer
Based on your description, it appears she was 100% at fault.  You should contact her insurer and ask they repair the bike and compensate you for the injuries.  Assuming no medical care is required, the injury claim is worth about $250-$500.

There may be other factors affecting liability I am unaware of, and I'm sure the insurer will tell you if that is the case after they inspect the scene. The good news for you is that insurers almost never go after cyclists or pedestrians for recovery, because they are concerned about injury claims from them, because often the injuries are very severe.