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I am being sued for an accident that wasn't my fault involving a guy on a bike, my car and another vehicle.

Mesa, AZ |

It took place in a construction zone and I was traveling east a guy on a bike was coming west as he tried to cut off a car he looked back and went into my lane, which was incoming traffic. There was nothing I could do but skid to the right and stop. They say due to the evidence I was going 37 mph which I do not recall, I recall going between 25-30. The police report is in my favor because he made a left turn into traffic. He now has medical bills being 100,00 or more. This happened over 6 months ago and he made a claim to the insurance, I did not report it since I didn't get a citation and my parents did not want to since all they do is raise the insurance. It is clearly not my fault.

Attorney Answers 10

  1. What is your question? This poor injured person has the right to sue. You describe a situation where you may have some fault. Pastimes,y, your insurer denied coverage as you prejudiced there rights by nit giving timely notice. You need to retain a local and qualified attorney asap. This may one have mushroomed into a scenario that never need to have been.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. You need to report the accident to your insurance carrier immediately. That is what you pay insurance premiums for. Given the significant injuries suffered by the person on the bike, you need to have your insurance company involved so that you and/or your parents will be defended should this person file a lawsuit. Given the delay in reporting the accident, the insurance company may try to deny coverage, but I would still report it to them.

  3. Report this to your insurance company immediately. If your fail to report this, your insurance company may have no obligation to you. If you have really been sued, your insurer (if this accident is covered) will try to settle and/or defend the suit.

    All information on this website is not, and is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation, as each case is different and contains different facts. We invite you to contact us and welcome your calls, letters and e-mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until you establish an attorney-client relationship with us.

  4. This was very short sighted by your parents who should have known better. They have now exposed you personally to a substantial claim. Consult with an experienced personal injury attorney immediately to see if they can compel the insurance company to represent you anyway,

  5. Your insurance will hire lawyers to defend you. Please call your insurance and report it if you or the other party haven't reported it already. I think since the police were involved, the attorney for the other party/biker probably reported it to your insurance.

    If you want your insurance to protect and defend you, you have an obligation under your policy to report the accident and cooperate with their investigation even if you think it was not your fault.

    If they say you were doing 37mph prior to impact, they probably measured the skid marks obtained the information from your vehicle data recording system. If notI don't know how they knew you were doing 37mph. Maybe an officer was there with a radar and clocked your speed. These are all issues which your insurance defense lawyer would look into when challenging the allegations that you were speeding. Good luck.

  6. You need to report this to your insurance carrier--this should have been done at the time of the collision. Your insurance company would have covered the claim and provide you with an attorney if a lawsuit was filed. This is why you buy insurance. You protect your personal assets and there is money to pay the victim of your negligence. Why buy insurance if you do not plan to use it? What your parents did makes no sense at all. You knew this person was injured. When do your parents plan on using their insurance? The problem now is that it is possible your insurance company will deny coverage by claiming you prejudiced their ability to defend this claim by your late notice. If this happens you need 2 lawyers--one to challenge the denial of coverage and another to represent you in any lawsuit filed against you. Place the insurance company on notice NOW--RIGHT NOW--TONIGHT--call, email, send a letter, smoke signals, etc.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  7. You have a duty to place your insurance company on notice of these type of accidents immediately. The police report is not controlling, The person who was injured can still file a lawsuit in connection with the bicycle accident. You should turn the matter over to your insurance company without further delay.

  8. Really, as everyone else has said, you absolutely must report this to your insurance company. Check your policy; most specify the number of days within which you must tell them of such an event. Even if it is beyond that time limit, tell them anyway.

    You probably expect your insurance carrier to act in utmost good faith toward you in handling any claims made against you (for example -- the guy on the bike). You must also act with the utmost good faith toward the insurance company. If you fail to report the claim, you may cause the insurance company not only to refuse coverage for this claim but also to refuse to renew your policy. They need to know about all of your accidents, even the ones for which you were not at fault, in order to appropriately determine the level of risk it is undertaking. Although it is unlikely, it is possible that the insurance company could cancel your existing policy.

    The bottom line is simple: tell the insurance company what happened. Send them a copy of the police report. Give them the names of any witnesses or other people who may have relevant knowledge (example -- your auto mechanic who could testify that your car's brakes were functioning properly that day). By waiting this long, you may have prevented the insurance company or the lawyer it hires for you from finding the evidence or witnesses you will need to defend against the claim. Don't wait any longer.

  9. Any time you have the potential to be involved as a defendant in a personal injury claim involving over $100,000 worth of bills, you are being extremely foolish by not reporting the incident to your carrier. Failure to report the incident to your carrier could potentially void your coverage when you need it the most. Who will pay for the defense attorney to defend the litigation against you if you have not reported the accident to your carrier? Call your carrier today and report everything. They have a duty to investigate the incident, defend you and indemnify you if necessary.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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