as avid ST readers will know, two weeks ago i slammed into the side of a car that turned left in front of me. the driver has been very pleasant afterwards, and there has been no attempt to deny responsibility. i got away without any serious medical injury, though enough to force me out of savageman and possibly/probably AmZ too. i also cracked my aegis T2 frame, which is now being repaired ($450 + shipping to & from, plus the strip&rebuild time for me). his insurance company has also been pleasant. today i got email from their agent saying:
The pictures show the “S” turn to the right of XXXXX driveway. My
thoughts are that XXXXXX owed the greatest duty to see their way
clear before they made the left turn into the driveway. However, you also
owed a duty to see your way clear around this “S” curve. Also, XXXXXX
had their left turn signal on waiting for the car to pass. You
should have slowed down once you saw their vehicle waiting to make the
turn. I feel that you have a small percentage of liability towards this
accident. I am placing 5% liability on you and I am being generous with
this percentage. Please tally your charge for the repairs to the bike
and I will pay 95% of your damages.
now, a part of me doesn’t want to get into a bickering match over $30-40, especially when i get a newly painted aegis back to ride next year. but something sticks in my throat here. i **DID **slow down once i saw XXXXX’s car starting the turn. I was going in excess of 25mph at that point in time, but I had about 40 yards until i hit the car. had i hit his vehicle without slowing, their medical payout would have been in the thousands (i do not have health insurance). as it was, i not only managed to slow down, but i also steered into the driveway so that i hit the car at an angle instead of head on, aimed myself at the hood and managed to control my trajectory so that i somersaulted on the hood and landed standing up. ergo, i would claim that it was only because i slowed down and showed considerable skill in controlling my role in the situation that the insurance company is not facing bills 100 times larger.
but like i said, we’re talking $30-40 out of pocket here … is it really worth bickering?
Nope, assuming you are not hurt. I know when I slipped on our associations pool deck a few months back, nothing happened the next day. But, slowly but surely, it messed up a disc in my back, and
now my racing is over with until I can get this resolved. So, are you sure you are okay?
I would be careful assuming any responsibility for an accident. Next thing you know they will turn around and say “see he admitted responsibility, we owe nothing.” If you don’t have a lawyer, consider it. This is what they are paid to do.
I think only you can decide if $30-$40 is worth bickering. It wouldn’t be to me.
You can always bicker and pay anyway. I like how he tells you he’s being “generous” with it though. Oh gee, thanks.
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EDIT: Given all the other replies I’ve seen here, I withdraw the above. I think I was wrong on this. It sounds like the others have a better handle on it.
If you life in comparative negligence state, then they are just trying to find some small level of comparative against you. I suspect the adjuster is just trying to make it look like he/she is doing something to mitigate exposure to the carrier. Very common practice and probably not worth fighting over. The good news is you were not hurt too bad…make up the difference in your BI settlement.
I find it strange that THEY fight for 5%…I wouldn’t be surprised if all they’re trying to do isn’t to have you admit part of the responsibility. I’d be very cautious answering anything before an attorney chimes in.
I am not an insurance/legal expert and if you aren’t either I would second the suggestion to speak with someone who is. Agreeing that you are 5% liable might mean only $40…it might mean a crap ton more than that in legal terms. I really don’t know but rest assured this insurance agent does.
I would be careful assuming any responsibility for an accident. Next thing you know they will turn around and say “see he admitted responsibility, we owe nothing.” If you don’t have a lawyer, consider it. This is what they are paid to do.
I agree. Once you admit even partial responsibility, they can then turn around and start denying claims. You seem to be alright now, but if something shows up in the near future that was caused by the accident, I think you will have forfeited some rights. Definately speak to a lawyer.
so you had the right of way and some dumbass turns in front of you. To me that would seem they were 100% responsible for being in the wrong place when you legally were entitled to be there. I’m no lawyer though.
First addamently deny all responsibility, that is a no brainer. They are fighting for the 5% for a reason. Second, just to get them thinking, suggest that your back has recently flared up and you will be going to a back specialist who will run an entire battery of tests - they will find something i am sure of it. Thirdly, ask for a open ended coverage on the bike repair, we all know a repaired frame is never 100% good to go. The last thing I want to ride down a technical decent at 50 mph is a patched up frame that starts to wobble.
And end your email with his assinine quote " I am being generous"
yes. if you were driving a car, and an oncoming car was waiting to turn left, would you slow down (making him wait longer) or speed up?
I’d say it’s BS. since when does a car turning left not have to give right of way to oncoming traffic? (in countries where we drive on the right/proper side of the road, of course)
if it were me I’d fight it, for anyone else who ever T-bones a car because the driver was being impatient. Next time it could be $300 or $3000 instead of $30.
Years ago I wrecked when a car turned left into me. They were clearly at fault, no attempt to deny. Their insurance company suggested settling for a few thousand dollars, the cost of my bike and some pain and suffering. I decided to hire an attorney. The insurance company eventually settled enough to pay off my sizable mortgage.
I am a bike rep, not a lawyer, so take my advice as such.
Is there any damage to their car? If so, with this settlement are you then going to be 5% liable for that as well?
The 5% thing seems fishy to me, and I would be reluctant to accept it without getting some sort of legal advice. If it were me, I would simply write back and state my case, that the care failed to yield as they are required to do so. If you have the “right of way”, you have 100% of the “right of way”, not 95%.
I’d agree with others and say that assuming part of the responsibility could be ultimately bad. Write back to them and say this, and say that you’d have to discuss it with a lawyer before assuming part of the blame. Just insinuating that you might get a laywer involved will probably be enough to have them drop the 5%.
Plus the lawyer fees become part of the claim so they will be paying more to save that 5%
When I got hit all they did is put a clause on the check that once I endorse it I waive any and all future claims due to this accident.
You were more than nice by working to get the bike repaired rather than claim the cost of replacement as it was.
Having been through something like this, I would agree with some here. Do not admit liability, but just say you will have to consult an attorney if they proceed in this fashion. I would not get an attorney involved, as you’ll lose a hell of a lot more money than your $30-40, and it will take MUCH longer. Insinuate that you will settle in a short time frame so they can get it off of their books, and definitely pad the cost(new shorts cost since they were ripped, new bar tape, jersey, etc.) Also, be absolutely SURE you have no injuries before you sign anything. Be cautious, and play the game. I think you should include the loss of entry fees, and any associated costs as well. Good luck.
I’ve been through a very similar scenario, however the driver was pulling a u-turn out of a curbside parking space with their signal on. My bike was totaled but I was pretty much unhurt. Like you the driver was cordial and did not disclaim responsibility. Their insurance carrier was straight forward and accepting of the responsibility and then I got a letter similar to yours. I have a number of lawyers who are either family members of close relationships and here is what I was told/worked for me.
Call your insurance company and explain the circumstances to an adjuster. Tell them that you are not interested in filing a claim on your insurance, but you feel like you are being treated unfairly by XYZ insurance company and ask for their help. Insurance companies have relationships with one another and often this can lead to a remedy without too much hassle. However, if you have cut rate insurance you will get cut rate follow-up.
Assuming your insurance company is not able to help you, your next order of business would be to write them a cordial letter explaining the circumstances and why you do not believe any liability should be apportioned to you. Make no threats, communicate no unnecessary emotion, make no accusations. Communicate that you have been reasonable to date, but that you want what is rightfully yours given that you were not at fault. This establishes a record that you accept no fault.
Assuming they do not accept your explanation, you have two choices – fight it or accept it. The belief that many people have expressed, albeit reasonably well founded based on historical insurance company behavior, is not in fact true – this is not a ploy to entrap you and deny further claims. You can settle an insurance case without accepting responsibility for any liability. There is well established case law in these circumstances which provide you adequate protections. Again, I understand their paranoia, it is natural.
Assuming you accept it, write them another letter, attach your initial letter to it, stating that, again, you accept no fault, but in the interest of expediency you are willing to accept 95% of replacement value for the expenses you incurred as a result of the accident. If you would like to fight this further, the next letter should come from your attorney.
