Hit a Bicyclist on Making a Legal Left Turn

[OhMyGosh1]

My question involves an injury that occurred in the state of: California

My brother had an accident about 6 months back in California. While he was making a left turn (the signal was green) he hit a bicyclist who was crossing the street where my brother was making his turn onto. The police arrived & did not issue any ticket to my brother & wrote a ticket to the bicyclist who had some head injury & was taken to the hospital & was discharged from the hospital after a few days. Now after 6 months the cyclist has hired a lawyer & asked for a claim of $1,67,000. My brother's insurance company has asked him if he can pay for the rest as he the insurance company will only pay $1,00,000. hIs insurance company's arugment is that they don't want to take it to trial as my brother will end up losing more money by hiring lawyers & eventually paying the cyclist. But, as it was not my brother's fault & he has all the police records & the fact he was not issued a ticket, should he give in? What are my brother's rights? What would be the most sensible thing to do?

[cyjeff]

The monies you listed don't make sense.

Please repost them.

[OhMyGosh1]

The amout is right. $100,000 is what is covered by insurance & $167000 is being claimed by the cyclist.

[jk]

if you lose you will be faced with a $67,000 judgment.


apparently your brothers insurance company believes he is at fault for the accident. Based on your description of the accident, it sounds like it might be to me as well.

[OhMyGosh1]

But , the police at the accident site said to my brother he was not at fault & the cyclist was issued a ticket. My brother has the police report as proof. The officer said the cyclist had to wait his turn for the half side of the road to be clear of oncoming traffic after crossing his half side of the road.

[jk]

the police cannot rule fault, only a court can.

[OhMyGosh1]

Sincerly appreciate all the responses. Bottom line is I stil don't know the best thing to do. The senarios are #1 brother's insurer has offereed the cyclist $75k to settle th eclaim, which we feel is incorrect coz it affects the record or my brother which is clean. But, at this point we are concened if he denies the settlement?
Senario # 2 if he denies the $75k settlement, I say we should hire a lawyer & fight it out, we might lose more money this way but, we are fighting for what is right? isn't it? would like some opinion on this pls? TIA

[Mr. Knowitall]

My brother had an accident about 6 months back in California. While he was making a left turn (the signal was green) he hit a bicyclist who was crossing the street where my brother was making his turn onto.

What does that mean? The bicyclist was on the cross-street, or the bicyclist was driving on the same road as your brother in the opposite direction? Was this a controlled intersection - stop signs, lights, etc. - and if so what were the markings or signals in each direction at the time of the collision? You say your brother hit the cyclist - with what part of his car, hitting what part of the bicycle, at what point in the intersection, and at what degree of his left turn?

Sincerly appreciate all the responses. Bottom line is I stil don't know the best thing to do. The senarios are #1 brother's insurer has offereed the cyclist $75k to settle th eclaim, which we feel is incorrect coz it affects the record or my brother which is clean. But, at this point we are concened if he denies the settlement?

You're kidding, right? Your brother would rather risk losing $165K or more plus pay $10K or more (realistically $20K+) for a private lawyer to take this to trial, because he doesn't want to pay his deductible? If he can settle within policy limits he would be foolish not to do so.

[OhMyGosh1]

My brother was turning onto a one-way alley which was controlled by signal. & the bicyclist was riding on the side walk (on my brother's left) & was crossing the one-way alley at the cross-walk (he was riding the bike) where my brother was turning onto. The left front bumper of the car hit the bike & the guy fell & hurt his head but was consious & was taken to the hospital & released the next day.

About the trial, no we don't want to go for it unless we are pushed to. if the cyclist accepts $75k settlement that the isurance will pay & ofcourse the deductible will be paid by my brother, we will make peace with that. But we don't wish to pay a huge amount like $67k out of pocket, & would prefer to go for the trial, as per the records, my brother is not at fault, so I don't see why we should pay a large amount of money & spoil the driving record too.

[rymfire4]

I am just a curious observer ohmygosh1. But I would like to know if the bicyclist was riding against the traffic. You said he hit or the left side (of your brother's car) or the left side of the car hit him while your brother turned left- but was it a 2-way street from which your brother turned off of? I ask that bc if it was, then the cyclist was riding against traffic.

It's odd that your insurance company would not deny fault, based on the ticket.

So now it may be too late, considering the insurance company seems to have "admitted fault" & that's the insurance company he had to rely on.

I "almost" had a similar accident. I was making a left turn from a 2-way road onto another 2-way road.... The coast was clear for me to turn (no traffic lights there) As I turned, & just cleared the previous street- I saw (or even sensed) way to the back of my head on the left, a bicyclist crossing cars that were on the 2 way road I was turning onto (who were stopped at the stop sign) they had to turn there as that road ends & comes into the main road I was turning off of.
My point is that- had I hit this person on the bicycle - he still would've been wrong bc he was riding on the left side of the street-sidewalk actually. I can't imagine a car driver having to yield to a bicycle coming from the car's rear left view. I mean it's beyond a blind spot if the bicyclist does not turn from the right side of the road (with traffic) OR at least wait till all is clear to do what he intended to do.
Anyway sensing this from the corner of my eye (as I have been very conscious of this defensive driving stuff lately) I automatically looked for a clear place to "put my car" which was someone's lawn swale. I HAD to complete the turn as my daughter was in the passenger seat & the oncoming traffic would show up head-on if I didn't. But I knew beforehand that a bicyclist wouldn't stand against a car- & I was avoiding any injury to a person by going up on the swale.

Anyway, it may be too late if your insurance company thought nothing of the officer's ticket or liability & just wants to cover your brother's policy.
How severe was the head injury? Did they just keep him in the hospital for observation for a few days- or was he more seriously scarred & brain damaged?

Now I think the lawyer will demand at least the 100k or inch up the 75k closer to the full policy amount. Just my guess though bc they still like to settle within the policy limits. It just depends on how hurt this person is & how high his medical bills are.

The only thing is that if your brother had any previous claims with his insurance company or they do not offer one accident forgiveness- then a payout of 75-100k will most likely raise his premiums significantly with that company. It happened with our daughter when she 1st learned to "be an at fault driver" - I mean drive! We had to get another policy without her. She rode a bike then too in college for a couple of years!

Best of luck!