Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Can your auto insurance subrogate directly from an individual?
I could be wrong as it probably depends on the state and carrier, but in this situation the cyclist would put in a claim with their homeowners/renters insurance. If they don’t have one then the vehicle owner would need to file the claim with their auto insurance carrier. I don’t think in this case it could be surrogated by the insurance company as it’s not an auto VS auto accident and I don’t think insurers only subrogate other carriers. The vehicle owner could also take them to small claims court.
If the bicyclist is at fault and you have their information then you can always go to small claims court to sue for damages. Just make sure you have pictures and evidence to prove they are at fault.
That's easy to say. Have you ever tried to do that? You have to jump through so many hoops, time off from work, paperwork and more paperwork. In the end, you end up with a judgment, if you're lucky, that is not worth the paper it's written on. Good luck collecting.
I say if the bicyclers want to get on the road, they like everybody else should buy insurance.
I once parked my car on the street and came back a few hours later to find my rear taillight smashed and dents all over the trunk. Apparently a cyclist ran into my parked car.
It was a serious injury for the cyclist, requiring an ambulance. Thankfully, the ambulance driver left a note under my wiper with her contact info; I called her and she put me in touch with the wife of the cyclist. Long story short, their homeowner's insurance covered the damage.
My car insurance company was really nice about it- they covered the damage immediately under my comprehensive coverage then gave me a form to fill out (a "subrogation" form) which moved the charge off of my comprehensive policy and resulted in no change to my premiums in the future. This way I was able to be back on the road more quickly.
Grand total- $3,400 in repairs. I do feel bad for the cyclist, it was a rough day for him for sure. Glad he recovered fully and was really lucky that he and his spouse were so easy to work with.
Location: San Ramon, Seattle, Anchorage, Reykjavik
2,254 posts, read 2,738,942 times
Reputation: 3203
Quote:
Originally Posted by ukrkoz
I know it sounds like insurance question, but really is not.
Bicycle users are not legally bound to have insurance for when they ride in the street.
All articles so far concentrate on what to do, when cyclist was hurt BY A CAR.
Well, thing is, they do cause damage to vehicles also, at their fault.
And damage can be quite substantial and costly in repairs. Or, they can cause an accident, and I witnessed this many times, by taking turns right in front of moving traffic, cutting lanes, etc.
So exactly who pays in situation like this? By far, this is not bicycle rant. They are what they are, to each of its own. This is about pretty much untouched discussion, when a cyclist is cause of an accident and vehicle damage. They are as much humans, as drivers. We all do mistakes.
Sort of, should you have comprehensive, it goes on your insurance. But then you have a claim, deductible, points deducted, etc.
But if you were to have liability only? And clearly not at your fault? And you do happen to have cyclist available, as say his bike is damage and he can't escape? Or, simply is an honest person and stayed. What then? Court hearing? Say, windshield, grill, maybe a headlight - and on some makes, you are several thousand in repairs easy.
Stroke me this morning.... The thought...
Most cyclists are also auto drivers. Insurance is insurance, and the party is insured.
If you have an accident with a bike rider that is bad enough to damage pretty much any part of your car, other than a minor scratch, you will have bigger issues to deal with. Most likely the cyclist will be injured as well.
Most cyclists are also auto drivers. Insurance is insurance, and the party is insured.
If you have an accident with a bike rider that is bad enough to damage pretty much any part of your car, other than a minor scratch, you will have bigger issues to deal with. Most likely the cyclist will be injured as well.
Bigger issue does nothing to fix the "smaller" issue, which is still there, after the bigger issue is rectified. If the cyclist is at fault, there should be as streamlined a process to collect damages as is in place if it were another auto driver. These incidents are not a time for "well you should just feel lucky that..." Screw that depression-era either/or false dichotomy. Someone took something from you, or damaged it - they're gonna pay one way or another.
Here is a good example of the cost of a seemingly minor repair, on an increasingly popular car, in a city that happens to have a lot of cyclist commuters as well: https://cleantechnica.com/2018/05/20...tesla-model-3/
From what I understand, auto insurance follows the car, not the driver. Does this vary state-to-state?
Location: San Ramon, Seattle, Anchorage, Reykjavik
2,254 posts, read 2,738,942 times
Reputation: 3203
Quote:
Originally Posted by ddm2k
Bigger issue does nothing to fix the "smaller" issue, which is still there, after the bigger issue is rectified. If the cyclist is at fault, there should be as streamlined a process to collect damages as is in place if it were another auto driver. These incidents are not a time for "well you should just feel lucky that..." Screw that depression-era either/or false dichotomy. Someone took something from you, or damaged it - they're gonna pay one way or another.
Here is a good example of the cost of a seemingly minor repair, on an increasingly popular car, in a city that happens to have a lot of cyclist commuters as well: https://cleantechnica.com/2018/05/20...tesla-model-3/
From what I understand, auto insurance follows the car, not the driver. Does this vary state-to-state?
Insurance at some level follows the car and the driver. That's why your car insurance covers a rental car.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
