I was driving in a two-way two-lane road. There was a cyclist in front of my car. I slowed the speed down to 10 and tried to avoid him. At that time I thougt I shouldn't cross the double solid yellow line since it is not allwed, so I drove along the yellow line very slowly. Unfortunately, the side mirror still hit the handlebar and the cyclist fell down. I immediately stopped the car. He wore the helmet and gloves for protection. He told to me and the police it was OK. There was no blood, I just saw some scratches and bruises on his knees. The police made a report and said this was a MVA minor. But after almost half a year, my adjuster told me that this man's lawyer wants compensation for him. I wonder how serious it is? Am I all at fault?
First off, if you had insurance and your adjuster is talking to you, they will determine all of this and the money will be paid from your policy. You won't pay him directly.
Second, injuries are not always apparent at the scene.
Third, as an avid cyclist, this is a wake up call to you that cyclists are to be given adequate room. You can't just squeeze by or you are asking for trouble like this. Good thing he wasn't seriously injured.
Since you mentioned "your adjuster," I have to assume your auto insurance covered this loss and that it was reported in time.
If not, you would have to pay him out of your own pocket, in which case I'd request full medical records and itemized bills, plus photos of any visible injuries as a starting point. Usually, for non-serious injuries, the bills plus a little extra for pain and suffering should suffice.
Make sure if this is what you do you obtain his signed release of all claims so you don't get sued later.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
The police report (if one was made) should tell you if you were put at fault. You really should contact your insurance company as they have a duty to represent you against any claims. They should be able to tell you anything you need to know about the claim. Try not to stress and let them handle this for you.
The insurance company has been paid a premium so they need to work for you. Let your carrier know the details and your position in the matter. Be sure to ask for written status reports from your insurance company and there are cases where an insured gets sued because the insurance company doesn't do what your paid a premium for. You can consult with a private attorney should you feel that is necessary.
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