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Side mirror hit the handlebar of the bike and he fell down, he told me and the police he was OK. How much should I pay him?

Chicago, IL |

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?

Attorney Answers 6

Posted

Talk with your Adjustor who has conducted an investigation and should be able to provide you with an answer.

Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

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Posted

This is why you have insurance. Cooperate with your carrier. Have they placed you on notice of a potential excess verdict?

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 www.nyelderinjurylaw.com

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1 comment

Asker

Posted

No they havn't. I just want to know how bad it could be since this is my first time to be involved in such an accident.

Posted

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.

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2 comments

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

While the police report is generally not determinative of fault and is usually not admissible as evidence in Illinois, it can help the insurance companies determine fault. For instance, the vehicle listed as #1, is usually determined to be at fault, but the degree of fault, whether this is in agreement with witness statements, and other things, are not written in stone. As Ms. West said, contact your insurance company.

Asker

Posted

Yes, they told me they will handle this for me. They had asked me about the whole process of this accident. This is my first time to be involved in such an accident and don't know how it ends..

Posted

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.

Good luck.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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5 comments

Asker

Posted

Thanks. My adjuster told me they will definitely handle this for me. They will look into the police repor first. What is the average settlement for this kind of accident?

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

No way to know. Every case is different and unique. Depends on a zillion factors, including the injuries, the bills, the liability, the insurance carrier, your policy limits, even the adjuster handling it and the attorney on the other side. Every case is unique so forget about "average." You have coverage up to your liability limits so as long as the adjuster hasn't notified you that you could be liable for any excess verdict, you should be fine. Relax, be thankful you're covered.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Sounds like you're fine then!

Asker

Posted

Thanks. I hope so. I just plan for the worst which is I need to pay out of my own pocket.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Unless the limits are extremely low (the lowest liability limits in Illinois are $20,000.00/$40,000.00), you should be fine, especially if you've not received any notice from your carrier of any potential excess judgment/verdict. Don't overworrry--that's why you have coverage.

Posted

Your insurance company will resolve it, not you.

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Posted

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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