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  1. #1
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    Jul 2013
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    Default Rear Ended by a Bicycle

    My question involves a traffic accident that occurred in the state of: MA (Boston)

    Shortly after coming to a complete stop in my car, a bicycle came from behind and ran into my right rear view mirror. The mirror was knocked completely off, and there are scratches down the right side of my car. Estimates from body shops are around $1300 to replace the mirror and repaint the side paneling of the vehicle. The bicyclist was ok and biked off after we exchanged info. Unfortunately, I did not call the police; I did file an incident report with them after the fact.

    Neither of our insurance companies are covering the accident. Mine interviewed both the bicyclist and myself and concluded that she was at fault. What I am hearing from her is that she has received advice from 1) the bike union, 2) her insurance company (who have not interviewed me), and 3) a traffic lawyer, and all of them are telling her she is either not at fault, or not legally obligated to cover the damages to my car. This seems wrong to me, considering that in MA, bikes are considered vehicles and thus are held to the same standards as cars when it comes to traffic laws. Since I was at a complete stop and she hit me while approaching from my rear, I assumed (perhaps falsely?) that it would be a pretty cut and dry rear-end collision with her being the party at fault. I'm not sure if she's just trying to bluff.

    Anyway, I recently received word from the bicyclist that she is willing to pay $100 and no more. My question is do I have any legal recourse to have her pay for my repairs?

  2. #2
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    Default Re: Rear Ended by a Bicycle

    Your insurance company investigated the incident, determined that the cyclist was at fault, then denied your claim? If you didn't have collision coverage, why did they investigate? If you did, why did they deny your claim?

    Odds are you're looking at small claims court.

  3. #3
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    Default Re: Rear Ended by a Bicycle

    Correct, I had no collision coverage at the time. They investigated just to ensure the cyclist had no injuries that they may have to cover if I was at fault; at least, that is what they told me. Small claims court is pretty much what I figured at this point, I just wanted to make sure I'm not missing anything that could torpedo my case. Not having the police come out and write a report is my biggest concern, but other than that do you think I have a strong enough case to bring this to small claims court and have a shot at winning?

  4. #4
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    Default Re: Rear Ended by a Bicycle

    What kind/year of car? What panels were scratched? Any other damage besides mirror?

  5. #5
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    Default Re: Rear Ended by a Bicycle

    It would appear the actions following the accident by yourself, the other party, and your respective insurance companies would be good support of the bicyclist acknowledging the accident itself. I would not be too worried about a torpedo at this time given your description of the situation.

  6. #6
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    Default Re: Rear Ended by a Bicycle

    Can anyone enlighten me as to how she has determined she is not at fault? I feel like I'm missing something here.

  7. #7
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    Default Re: Rear Ended by a Bicycle

    If you want us to comment on the bicyclist's version of how the accident occurred, it would be helpful if you shared her story.

  8. #8
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    Default Re: Rear Ended by a Bicycle

    Quote Quoting Mr. Knowitall
    View Post
    If you want us to comment on the bicyclist's version of how the accident occurred, it would be helpful if you shared her story.
    The type of vehicle and outline of damages would be helpful also.

  9. #9
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    Jul 2013
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    Default Re: Rear Ended by a Bicycle

    I'm afraid I don't have access to her side of the story. My insurance company took her recorded statement, but will not give me a transcript of it nor anything other than a letter stating that they found her to be at fault following their investigation. Thanks for the help!

  10. #10
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    Default Re: Rear Ended by a Bicycle

    Why am I suspecting more and more the value of the vehicle is similar to the amount of the damage OP is claiming? Which makes the case easier. Bicyclist pays value of car and takes car. Take the book value of the car. Subtract all preexisting damages from the BV. If the new damage is 70 -80% you are a candidate to lose your car to the bicyclist.

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