A man on a bicycle ran into my husbands car when he was at a stop. They didn't exchange information. What is our liability?

Asked 8 months ago - Nashville, TN

My husband was at a stop. the man said that his brakes were not working when ran into my husband's car. They did not exchange information and my husband left prior to the man on the bicycle. We are worried now that the man will report him as a hit and run even though the man ran into him. My husband called the police later, they said they could not take a report after the fact. We also reported it to insurance as there is damage to our fender. My husband said that the man did not exhibit any injuries.

Attorney answers (9)

  1. John A. Day

    Pro

    Contributor Level 12

    13

    Lawyers agree

    Answered . If the incident happened the way it is described, your husband has no liability. A person must be determined to have been negligent before they can be successfully sued for damages. As you describe it, your husband did nothing wrong and therefore cannot be successfully sued.

    Of course, there are two sides to every story. Sometimes more. :) If the bicyclist has a different view of the facts, he may file a claim but your liability insurance company will defend the case (meaning you don't have to hire a lawyer).

    You have done all you can do about this -you reported to your insurance company and you attempted to report it to the police. I suggest you not worry about it any further - my guess is everything will be alright.

    Doctors cannot diagnosis diseases over the Internet, and lawyers can rarely determine someone's legal rights and... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    9

    Lawyers agree

    Answered . There are many factors that help determine liability. A parties version (your husband) is one such factor. The fact that the bicyclist did not exhibit injuries in no way means he was not injured. Simply report this to your auto insurer asap. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. C. Donald Briggs III

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You should not worry about this. You have done all you can do or should do. If the bicyclist ever contacts you about this (very doubtful) just refer him to your insurance company. This was not a hit and run.

  4. Russell Warren Lewis IV

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . I would not worry at all.

    Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania... more
  5. Michael R Crosner

    Contributor Level 20

    7

    Lawyers agree

    Answered . You have reported it to your insurance carrier & the police - that is about as far as you can go - if the bicycle operator does contact the police you can then consult a local criminal law attorney.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. David Ian Schoen

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Although you should have summoned the police right away, you did the correct thing by reporting the incident to your insurance company.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . If your husband gets cited for a hit and run, he can spend a few hundred bucks for a local criminal lawyer to fight it.

  8. Michael Kirby Smith

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . as described, your husband would not have liability. You did the right thing to contact and report it to your insurance carrier - in the event the cyclist later changes his story

  9. Michael Keith Pence

    Contributor Level 3

    1

    Lawyer agrees

    Answered . The facts as you described would not result in your husband being liable for damages caused to the bicyclist. You have done all you can at this point to protect your interests and should the bicyclist ever contact you in the future, refer him to your auto liability insurance carrier or your attorney. Also, please note that the bicyclist has only 1 year to file an action for personal injury. If a suit is not filed before the expiration of the 1 year statute of limitations, the bicyclist is forever barred from recovery.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,732 answers this week

3,137 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,732 answers this week

3,137 attorneys answering