Cut off in traffic

[astroluc]

So, a couple of months ago I was cut off in traffic, resulting in some slight injury and damage to my bike... Insurance company now says it is MY FAULT and will not cover damage to the bike (about $500)! They did cover lost wages and medical bills, so money is not the big deal here... what scares me is the precedent that is being set.

According to all state laws with regards bicycling in my state I was doing nothing wrong and was acting within my rights on the road.

The car did not signal and turned in front of me, causing the accident. The adjuster says "You were travelling behind our insured and had the duty to ensure of her actions before proceeding."

How is this possible when their insured does not signal?

According to this judgement and the precedent that it sets, it is unsafe to travel on a roadway with cars because they 'might' turn at ANY TIME!

According to MA State law it is 100% my right to pass on the right while going with the flow of traffic. I am being told that I cannot for if I do, and I am hit by a car that did not signal or whose driver did not avail themselves of something called a mirror... IT IS MY FAULT.

This is a DANGEROUS precedent and a dark day for cycling.

Are there any cyclist advocacy groups whom I can contact about this matter? Thank you.

 

[cyberlegend1994]

Did you file a police report? If so, get a copy of it, find a lawyer and sue them. It is the law in this state that cyclists have the right of way.

Who was the insurance carrier? If they're from out of state, they might see it the other way. It doesn't make sense that they would even cover your wages and medical bills if they determined that you were the one at fault, which from what you describe it sounds like you weren't - if that was the case I'd think they would have denied the entire claim.

 

[e0richt]

So, a couple of months ago I was cut off in traffic, resulting in some slight injury and damage to my bike... Insurance company now says it is MY FAULT and will not cover damage to the bike (about $500)! They did cover lost wages and medical bills, so money is not the big deal here... what scares me is the precedent that is being set.

According to all state laws with regards bicycling in my state I was doing nothing wrong and was acting within my rights on the road.

The car did not signal and turned in front of me, causing the accident. The adjuster says "You were travelling behind our insured and had the duty to ensure of her actions before proceeding."

How is this possible when their insured does not signal?

According to this judgement and the precedent that it sets, it is unsafe to travel on a roadway with cars because they 'might' turn at ANY TIME!

According to MA State law it is 100% my right to pass on the right while going with the flow of traffic. I am being told that I cannot for if I do, and I am hit by a car that did not signal or whose driver did not avail themselves of something called a mirror... IT IS MY FAULT.

This is a DANGEROUS precedent and a dark day for cycling.

Are there any cyclist advocacy groups whom I can contact about this matter? Thank you.

actually this is interesting because it basically deals with the cyclist as a driver of a vehicle with the same rights and same responsibilities. While it is legal to pass on the right, you really have to do that extremely carefully just for the reason of what happened to you... what bothers me is that it seems that the laws dealing with this want things both ways... they want to penalize you if you were to "drive" a bike the same as a motorcycle due to impeding traffic and also consider it your fault if you ride "as far right as practicable"... IMHO as cyclists we really need to get this resolved...

 

[Pegleg]

The adjuster says "You were travelling behind our insured and had the duty to ensure of her actions before proceeding."

By the wording..this was the driver's insurance you were dealing with, no?
If so, It is definitely their prerogative to relay the blame to you..whether it is truly the case or not

the fact that they payed for your med bills, and loss of wages, but now refuse to pay damages is highly suspicious.

Contact legal representation(most will offer consultation free of charge) and discuss your situation...above all do not admit fault or sign anything implying it, before talking to a lawyer.

You are correct this would set a very bad precedent for cycling, but going by what you posted you could most likely negate it.

Let us know how it goes
-Peg

 

[rparedes]

So, a couple of months ago I was cut off in traffic, resulting in some slight injury and damage to my bike... Insurance company now says it is MY FAULT and will not cover damage to the bike (about $500)! They did cover lost wages and medical bills, so money is not the big deal here... what scares me is the precedent that is being set.

According to all state laws with regards bicycling in my state I was doing nothing wrong and was acting within my rights on the road.

The car did not signal and turned in front of me, causing the accident. The adjuster says "You were travelling behind our insured and had the duty to ensure of her actions before proceeding."

How is this possible when their insured does not signal?

According to this judgement and the precedent that it sets, it is unsafe to travel on a roadway with cars because they 'might' turn at ANY TIME!

According to MA State law it is 100% my right to pass on the right while going with the flow of traffic. I am being told that I cannot for if I do, and I am hit by a car that did not signal or whose driver did not avail themselves of something called a mirror... IT IS MY FAULT.

This is a DANGEROUS precedent and a dark day for cycling.

Are there any cyclist advocacy groups whom I can contact about this matter? Thank you.

I hope you are OK. When i bough my first bike (atlanta, GA) i was given a book about riding rules and strong suggestions when riding near cars: ALWAYS ASSUME the car driver does not see you. Especially beware of right turning cars since as a biker you are typically in their "blind spot"...