Insurance and bicycle-car collisions

Missouri attorney Alvin Wollf expains why the insurance process is so much more complicated for a bicycle-car collision than a car-car collision.

Bicycle and car

When you don't know how the system works, you can be the victim of a systems failure. This is a tale of two events: a car / car collision vs. a bicycle / car collision. Assume, thankfully, that nobody is hurt in either wreck. 

In the car / car collision, there is an insurance company on both sides. Each insurance adjuster has hundreds of files.  Their mutual goal is to get estimates, liability determination and closure. The matter is resolved in weeks. 

In the bicycle / car collision there is an insurance company and an individual. The insurance company knows what to do and the bicyclist has no idea where to start. The bicyclist needs to get his or her estimate right away and then make a meaningful determination as to the fault of both sides and see if  this corresponds with the adjuster's reconciliation of the events. If the matter cannot be amicably resolved, the bicyclist can go to small claims court and ask for an amount not exceeding $5,000. If liability is in question, the bicyclist can also be sued in small claims court in a counter claim also not in excess of the $5,000 limit.
 

Knowing how the system works is the key to get these property damage claims resolved quickly and efficiently.  The Missouri Bar as a great self-help guide for small claims court. It's always good to consult with a lawyer.  Even if you don't hire one, you will get good advice from the get-go and quite possibly save yourself from making an error that could be fatal to your case's success. A good one should be able to answer your questions in a phone call. If the lawyer is smart, he or she won't charge you for the advice hoping that goodwill and a pleasant memory is created for a future referral.

Lawyer Alvin Wolff often handles bicycle injury case in his practice. Alvin was recently named Plaintiff's Lawyer of the Year In Medical Malpractice by Best Lawyers In America. He is an avid cycling advocate and cyclist. He has published a free book entitled The Total Guide for Motorcycle and Bicycle Accident Victims in Missouri--and he is a member of MoBikeFed's Yellow Jersey Club.

MoBikeFed maintains a list of Missouri lawyers who are willing to help cyclists and pedestrians in injury and collision cases.

Photo credit: Collision by Jari Schroderus on FlickR. Creative Commons BY-NC-ND license.