I need some advice from you.

I was riding my bicycle down a Mission Blvd. in Fremont, in the bike lane. Signal turned yellow, did not think I had time to stop, so kept going. Made it halfway across intersection no problem. Made it past car on right, who was in left turn lane, no problem. (Turns out that car was a witness, and verifies my story that I was in intersection on yellow, and light did not turn green for him until I was just on his left, midway through intersection.)

However, driver on his right, (going straight) was not paying attention, and entered intersection instead of stopping, and we collided. His insurer (Nationwide) does not really dispute the facts when talking with either me or AAA, my homeowners insurer, but Nationwide claims I should not be in the intersection on red, and that I shouldn't expect the Nationwide driver to make sure intersection is clear before he enters, and that I am 100% liable.

Well, EVERYONE else tells me different from Nationwide, that California law says not to enter an intersection on green, unless it is clear of pedestrians, bicycles, and vehicles, and safe to enter. Further, Nationwide ignored me, and the witness, and not only said I was liable, but that I entered the intersection on red, in a letter they sent me six days after the accident. No one has said I entered on red, both me and the witness statements indicaate yellow, and the driver that hit me did not see me, and so has no idea.

So, what are your thoughts on this? Was I liable? Or is what everyone (including insurance adjusters, past and present) have told me, that if I enter the intersection on yellow, that I am legally there, and have the right of way and cars entering from the side on green should wait for me to safely clear.

In addition to my injuries, which are healing slowly, Nationwide's attitude and false statements in letter are causing me stress.

Thanks in advance,

Cal Geek

Cal Geek;842163514 said:

---

I need some advice from you.

I was riding my bicycle down a Mission Blvd. in Fremont, in the bike lane. Signal turned yellow, did not think I had time to stop, so kept going. Made it halfway across intersection no problem. Made it past car on right, who was in left turn lane, no problem. (Turns out that car was a witness, and verifies my story that I was in intersection on yellow, and light did not turn green for him until I was just on his left, midway through intersection.)

However, driver on his right, (going straight) was not paying attention, and entered intersection instead of stopping, and we collided. His insurer (Nationwide) does not really dispute the facts when talking with either me or AAA, my homeowners insurer, but Nationwide claims I should not be in the intersection on red, and that I shouldn't expect the Nationwide driver to make sure intersection is clear before he enters, and that I am 100% liable.

Well, EVERYONE else tells me different from Nationwide, that California law says not to enter an intersection on green, unless it is clear of pedestrians, bicycles, and vehicles, and safe to enter. Further, Nationwide ignored me, and the witness, and not only said I was liable, but that I entered the intersection on red, in a letter they sent me six days after the accident. No one has said I entered on red, both me and the witness statements indicaate yellow, and the driver that hit me did not see me, and so has no idea.

So, what are your thoughts on this? Was I liable? Or is what everyone (including insurance adjusters, past and present) have told me, that if I enter the intersection on yellow, that I am legally there, and have the right of way and cars entering from the side on green should wait for me to safely clear.

In addition to my injuries, which are healing slowly, Nationwide's attitude and false statements in letter are causing me stress.

Thanks in advance,

Cal Geek

---

I think the law does state what you said, but for heavens sake man, don't do that again. There are times I wanted to proceed but saw the person/car at the last second. Sometimes very hard to see someone, especially when the car in the turning lane may have been obstructing the other drivers view and they did not see you.

Cal Geek;842163514 said:

---

I need some advice from you.

I was riding my bicycle down a Mission Blvd. in Fremont, in the bike lane. Signal turned yellow, did not think I had time to stop, so kept going. Made it halfway across intersection no problem. Made it past car on right, who was in left turn lane, no problem. (Turns out that car was a witness, and verifies my story that I was in intersection on yellow, and light did not turn green for him until I was just on his left, midway through intersection.)

However, driver on his right, (going straight) was not paying attention, and entered intersection instead of stopping, and we collided. His insurer (Nationwide) does not really dispute the facts when talking with either me or AAA, my homeowners insurer, but Nationwide claims I should not be in the intersection on red, and that I shouldn't expect the Nationwide driver to make sure intersection is clear before he enters, and that I am 100% liable.

Well, EVERYONE else tells me different from Nationwide, that California law says not to enter an intersection on green, unless it is clear of pedestrians, bicycles, and vehicles, and safe to enter. Further, Nationwide ignored me, and the witness, and not only said I was liable, but that I entered the intersection on red, in a letter they sent me six days after the accident. No one has said I entered on red, both me and the witness statements indicaate yellow, and the driver that hit me did not see me, and so has no idea.

So, what are your thoughts on this? Was I liable? Or is what everyone (including insurance adjusters, past and present) have told me, that if I enter the intersection on yellow, that I am legally there, and have the right of way and cars entering from the side on green should wait for me to safely clear.

In addition to my injuries, which are healing slowly, Nationwide's attitude and false statements in letter are causing me stress.

Thanks in advance,

Cal Geek

---

I don't typically do personal injury cases, but I have had some experience dealing with various insurance carriers. Nationwide seems to be almost as bad as Mercury, which is widely considered the worst. What they're claiming is laughable. Don't let them get away with that kind of nonsense. Find yourself a personal injury attorney willing to take your case on contingency. There should be plenty out there.

Insurance companies always try to get out of admitting fault. Several years ago a driver backed into my car when it was parked in my driveway. After sending me a check to pay for the repair, they sent me letter that "upon further investigation new evidence shows that I was at fault and not the other driver" I was stunned by this letter. My lawyer sister told me to forget about it as they send these letters out to discourage you from taking any legal action. As long as his insurance company pays up, do not worry about the letter.

davetdds;842163518 said:

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I think the law does state what you said, but for heavens sake man, don't do that again. There are times I wanted to proceed but saw the person/car at the last second. Sometimes very hard to see someone, especially when the car in the turning lane may have been obstructing the other drivers view and they did not see you.

---

Thanks Dave, I'm not even sure right now that I want to ride again. Since there was a slight downhill there, I was going a bit faster than I go on flats. I did not think I had time to stop.

The person turning left certainly might have been at least partially obscuring the view driver that hit me, at least somewhat. But I have a Townie, which is a very erect bicycle, and my over 6 foot frame should have been partially visible with my red/white/black helmet and bright red bike shirt. Plus, the car waiting on green to turn left should have been a clue to the driver going straight. Turns out it wasn't enough of a clue, I guess.

YuSeeBerkeley;842163526 said:

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I don't typically do personal injury cases, but I have had some experience dealing with various insurance carriers. Nationwide seems to be almost as bad as Mercury, which is widely considered the worst. What they're claiming is laughable. Don't let them get away with that kind of nonsense. Find yourself a personal injury attorney willing to take your case on contingency. There should be plenty out there.

---

Nationwide is apparently ranked 48 out of the 50th largest insurers in California for number of complaints. (They are almost the worst out of the 50 largest.)

Cal Geek;842163531 said:

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But I have a Townie, which is a very erect bicycle, and my over 6 foot frame should have been partially visible with my red helmet and bright red bike shirt.

---

Good god man. And you wonder why the woofing gods struck you down?

SantaRosaBear;842163530 said:

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Insurance companies always try to get out of admitting fault. Several years ago a driver backed into my car when it was parked in my driveway. After sending me a check to pay for the repair, they sent me letter that "upon further investigation new evidence shows that I was at fault and not the other driver" I was stunned by this letter. My lawyer sister told me to forget about it as they send these letters out to discourage you from taking any legal action. As long as his insurance company pays up, do not worry about the letter.

---

Well, they (Nationwide) claim I was liable, so they are not paying, as of now.

Which is too bad for Nationwide, had they just admitted liability and paid my relatively small amount of medical costs, that might have worked. Now, it's likely to cost Nationwide a lot, lot more.

Cal Geek;842163531 said:

---

Thanks Dave, I'm not even sure right now that I want to ride again. Since there was a slight downhill there, I was going a bit faster than I go on flats. I did not think I had time to stop.

The person turning left certainly might have been at least partially obscuring the view driver that hit me, at least somewhat. But I have a Townie, which is a very erect bicycle, and my over 6 foot frame should have been partially visible with my red helmet and bright red bike shirt. Plus, the car waiting on green to turn left should have been a clue to the driver going straight. Turns out it wasn't enough of a clue, I guess.

---

This is def. not something to make fun of, but you did not mention the red helmet and red shirt. It was prolly a Cal fan thinking you were a Furd.....:p

Edit.. Schaden beat me to it.

SchadenBear;842163535 said:

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Good god man. And you wonder why the woofing gods struck you down?

---

Quote:

---

This is def. not something to make fun of, but you did not mention the red helmet and red shirt. It was prolly a Cal fan thinking you were a Furd.....

---

Oh crap, I should have said I was wearing my blue and gold script "Cal" jersey! I really do have one, I just happened to have the red one on. Maybe I should burn the red jersey.....

Cal Geek;842163542 said:

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Maybe I should burn the red jersey.....

---

You think?

Damn that was you? My parents live off of mission blvd and mentioned someone ate it. Which intersection was it?

Most importantly, hope you recover soon....

A friend was in an accident. Hit by car while in cross walk. Insurance guy claimed she was in the wrong for not being in the crosswalk, which was incorrect. My friend stated that she has two witnesses who happens to be cops. The insurance guy back pedal and said he got the wrong case.

If you got a reliable witness, you just have to tell them that you are planning to STAND YOUR GROUND! As long as it is not Florida style.

Insurance companies profit by sucking in premiums and NOT paying claims.
GO AFTER THEM and good luck.

Cal Geek;842163514 said:

---

I need some advice from you.

I was riding my bicycle down a Mission Blvd. in Fremont, in the bike lane. Signal turned yellow, did not think I had time to stop, so kept going. Made it halfway across intersection no problem. Made it past car on right, who was in left turn lane, no problem. (Turns out that car was a witness, and verifies my story that I was in intersection on yellow, and light did not turn green for him until I was just on his left, midway through intersection.)

However, driver on his right, (going straight) was not paying attention, and entered intersection instead of stopping, and we collided. His insurer (Nationwide) does not really dispute the facts when talking with either me or AAA, my homeowners insurer, but Nationwide claims I should not be in the intersection on red, and that I shouldn't expect the Nationwide driver to make sure intersection is clear before he enters, and that I am 100% liable.

Well, EVERYONE else tells me different from Nationwide, that California law says not to enter an intersection on green, unless it is clear of pedestrians, bicycles, and vehicles, and safe to enter. Further, Nationwide ignored me, and the witness, and not only said I was liable, but that I entered the intersection on red, in a letter they sent me six days after the accident. No one has said I entered on red, both me and the witness statements indicaate yellow, and the driver that hit me did not see me, and so has no idea.

So, what are your thoughts on this? Was I liable? Or is what everyone (including insurance adjusters, past and present) have told me, that if I enter the intersection on yellow, that I am legally there, and have the right of way and cars entering from the side on green should wait for me to safely clear.

In addition to my injuries, which are healing slowly, Nationwide's attitude and false statements in letter are causing me stress.

Thanks in advance,

Cal Geek

---

The witness is key. May be a good idea to make a counter report if a PR was not done at the scene, and it's most important to get the witness info on there.

In any event, if they are denying the claim your only recourse would be to file a lawsuit. PM me if you need some advice on who to find. I've been on the defense side for a while in the Bay Area and I might be able to point you in the right direction if you need it.

Bummer. We were ambulance-chased. AAA told us to back out, and they took over. Fight a gorilla with a gorilla.
I've logged tens of thousands of bike miles since my Cal commute from Oakland, and after getting broadsided by a red-light runner charging down Ashby into a low-hanging evening sun, and side-swiped by a tuned-out adolescent in a lowered beater, I exercise extreme alertness at intersections.
I ride fast, but I can stop short at a yellow by coming off the seat, butt over rear tire, seat in gut, and both brakes engaged, emphasis on the front brake. IMHO, it's a maneuver worth practicing in a safe area. It's a stable, controllable, fast deceleration. One can even control a lengthy, two-wheel skid that way, I've found :-)
I was legally "right" in both of my incidents, but sure felt like the loser, body-wise.
Oh, and I always wear a helmet. The broadside catapulted me backwards, and my head snapped back into asphalt. Knocked me out, broke my helmet, officer said I'd likely been dead without it.
No offense intended for those experienced riders here, but hopefully useful for some less-experienced cyclists.

Over six years ago, I was the driver in the middle lane who did not see a cyclist coming across the crosswalk. There was a big truck on my left and I moved forward with the green light and hit the cyclist. There was actually a witness behind me who said that the cyclist had crossed when the light was red for him.

My insurance company was Ameriprise (Costco) who said that regardless of the fact above, I was more than 50% responsible since I was stopped at the light and should have made sure that it was clear for me to go. I had $100k coverage for that sort of thing which was enough to take care of the liability for the person that I hit (e.g. medical bills, etc)

You should go after them - find a good lawyer. I always look more carefully now and especially when the cars next to me are not moving forward.

Cal Geek;842163514 said:

---

In addition to my injuries, which are healing slowly, Nationwide's attitude and false statements in letter are causing me stress.
Cal Geek

---

We went through the insurance wars when our house burned down. What you are experiencing is exactly what they want. If your stress is high and you believe it will be too difficult to recover what is owed to you, then you will give up. In truth, retaining your sanity is worth leaving some money on the table, and you will have to make that decision at some point. Just know that this is their strategy and, I'm hoping, your stress will go down once you are aware of that. It's a long battle, try to take their little tricks in stride. My best wishes for your recovery.

Not that I'm all that inexperienced. But I had no idea, you could do a hard, but controlled stop.
I could have used it last summer. Riding down a popular path, with somewhat disciplined users. People staying to the right, warning on passing etc...
I was moving along at a pretty good clip, saw a group of parents and kids approaching from the other direction. As I come up to the group, a kid around twelve puled out of the
group, right in front of me. It was all I could do to not plow into him, I did hit him, but just enough to knock him and myself over, but not cause any damage. I was kinda pissed, and after checking on the kid, he was OK. I told his mother she needs to talk to him, one of the group came up to me, and said let's just be thankful, no one was hurt.
He was right, I checked with the kid again, and moved on, but picked up a very important lesson. Now when I come up on a group. I slow down, I mean kids are kids, and adults, well adults, should know better.
Thanks for the tip, and I'm pretty sure not everyone is aware of it.

i live in sacramento and because of so many bicyclists running yellow and even red lights, whenever i drive, i now just wait a second or two after the light turns green to start moving again.

SantaRosaBear;842163530 said:

---

Insurance companies always try to get out of admitting fault. Several years ago a driver backed into my car when it was parked in my driveway. After sending me a check to pay for the repair, they sent me letter that "upon further investigation new evidence shows that I was at fault and not the other driver" I was stunned by this letter. My lawyer sister told me to forget about it as they send these letters out to discourage you from taking any legal action. As long as his insurance company pays up, do not worry about the letter.

---

Do they increase your premium if it's deemed "your fault," while no premium increase if it's the other guy's fault?

LethalFang;842163974 said:

---

Do they increase your premium if it's deemed "your fault," while no premium increase if it's the other guy's fault?

---

Well, AAA does not consider this to be my fault. And my understanding is that insurance companies seldom try to collect damages from cyclist in accidents such as this, no matter bicyclist fault. So, I doubt AAA will pay Nationwide drivers damages, and AAA won't pay my medical on my Homeowners policy. And I don't expect a premium increase, since AAA is unlikely to be paying a claim.

pingpong2;842163588 said:

---

Damn that was you? My parents live off of mission blvd and mentioned someone ate it. Which intersection was it?

---

Mission and Durham on Aug 3.

RioGrrandeFan;842163826 said:

---

We went through the insurance wars when our house burned down. What you are experiencing is exactly what they want. If your stress is high and you believe it will be too difficult to recover what is owed to you, then you will give up. In truth, retaining your sanity is worth leaving some money on the table, and you will have to make that decision at some point. Just know that this is their strategy and, I'm hoping, your stress will go down once you are aware of that. It's a long battle, try to take their little tricks in stride. My best wishes for your recovery.

---

Actually Nationwide's lack of reasonableness and fairness, and just outright lying, has made me much more determined to pursue this.

tokuno;842163793 said:

---

Bummer. We were ambulance-chased. AAA told us to back out, and they took over. Fight a gorilla with a gorilla.
I've logged tens of thousands of bike miles since my Cal commute from Oakland, and after getting broadsided by a red-light runner charging down Ashby into a low-hanging evening sun, and side-swiped by a tuned-out adolescent in a lowered beater, I exercise extreme alertness at intersections.
I ride fast, but I can stop short at a yellow by coming off the seat, butt over rear tire, seat in gut, and both brakes engaged, emphasis on the front brake. IMHO, it's a maneuver worth practicing in a safe area. It's a stable, controllable, fast deceleration. One can even control a lengthy, two-wheel skid that way, I've found :-)
I was legally "right" in both of my incidents, but sure felt like the loser, body-wise.
Oh, and I always wear a helmet. The broadside catapulted me backwards, and my head snapped back into asphalt. Knocked me out, broke my helmet, officer said I'd likely been dead without it.
No offense intended for those experienced riders here, but hopefully useful for some less-experienced cyclists.

---

I've been riding bikes for 40 years (once road across the US) and I'm pretty sure if I tried this stopping method I'd cause myself more physical pain than what I was trying to prevent. :p Very impressive though. On a related note, my wife and I just saw a guy coming down some fairly steep street around Twin Peaks in SF on a fixie. He was performing a number of controlled skids to keep his speed under control with no brakes, just locking up his pedals. I could only shake my head in amazement. I have no idea why you'd ride a bike with no brakes and one gear in SF no less.

Cal Geek;842163514 said:

---

I need some advice from you.

I was riding my bicycle down a Mission Blvd. in Fremont, in the bike lane. Signal turned yellow, did not think I had time to stop, so kept going. Made it halfway across intersection no problem. Made it past car on right, who was in left turn lane, no problem. (Turns out that car was a witness, and verifies my story that I was in intersection on yellow, and light did not turn green for him until I was just on his left, midway through intersection.)

However, driver on his right, (going straight) was not paying attention, and entered intersection instead of stopping, and we collided. His insurer (Nationwide) does not really dispute the facts when talking with either me or AAA, my homeowners insurer, but Nationwide claims I should not be in the intersection on red, and that I shouldn't expect the Nationwide driver to make sure intersection is clear before he enters, and that I am 100% liable.

Well, EVERYONE else tells me different from Nationwide, that California law says not to enter an intersection on green, unless it is clear of pedestrians, bicycles, and vehicles, and safe to enter. Further, Nationwide ignored me, and the witness, and not only said I was liable, but that I entered the intersection on red, in a letter they sent me six days after the accident. No one has said I entered on red, both me and the witness statements indicaate yellow, and the driver that hit me did not see me, and so has no idea.

So, what are your thoughts on this? Was I liable? Or is what everyone (including insurance adjusters, past and present) have told me, that if I enter the intersection on yellow, that I am legally there, and have the right of way and cars entering from the side on green should wait for me to safely clear.

In addition to my injuries, which are healing slowly, Nationwide's attitude and false statements in letter are causing me stress.

Thanks in advance,

Cal Geek

---

Insurance for the other guy will screw you. Yours should screw them. That's how it works.

I once got hit and state farm sent me a 500 dollar check on 3000 damage. AAA went after them, and I pocketed 500 (AAA said cash it and keep it).


Bad luck Cal Geek

For What it's worth Cal Geek, I am a professional driver with a profession license of over 15 years. I have good standing. I have been well schooled regarding bicyclists and the rules of the road. I also admit to having a certain bias against bicylists but will try to be objective with my observations and stay focused on this particular case.

• The California basic speed law states that driving faster than is safe under the conditions constitutes speeding-regardless of the posted speed
  
• The fact that a bicycle can not stop in time is not really a defense unless it also meant that you were able to get completely within view of the vehicle before it hit you
  
• Having said the above, this seems like a mutual fault case and I would expect you to get a partial settlement if you were to file a claim
  
• If you were walking your bike, you'd be a pedestrian and the law would be 100% in your favor. But because you are riding, that makes you a moving vehicle and thus the laws are different.
  
• Don't expect the other guys insurance to ever admit anything so I'm clearly confused as to who has National but hopefully it isn't you.
  
• Your success with claims will partly depend on your coverage. If you are covered for injury and/or property damage in an accident regardless of fault then that help. The more your coverage is not dependent on fault, the better, of course.
  
• I hope you are OK physically. Riding a bike is dangerous and, in all honesty, most riders are foolharder when it comes to behavior at intersections. Remember that drivers of motor vehicles often cannot see a bicyclist until it is too late.
  
• The witness statement you really need here is someone who can claim that the other driver was not paying attention. That would help a lot.
  

Good luck.
Oh, and sorry Cal fans, but keep the red shirt. Red is the most visible color during the day. It could save your neck.
Forgot, I don't know if you can get AAA as a driver of a moving vehicle, but I'd recommend it. Pay the extra cost, if necessary. They have much better service than the gimmicky cheap guys in the business these days.

heartofthebear;842165812 said:

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For What it's worth Cal Geek, I am a professional driver with a profession license of over 15 years. I have good standing. I have been well schooled regarding bicyclists and the rules of the road. I also admit to having a certain bias against bicylists but will try to be objective with my observations and stay focused on this particular case.

• The California basic speed law states that driving faster than is safe under the conditions constitutes speeding-regardless of the posted speed
  
• The fact that a bicycle can not stop in time is not really a defense unless it also meant that you were able to get completely within view of the vehicle before it hit you
  
• Having said the above, this seems like a mutual fault case and I would expect you to get a partial settlement if you were to file a claim
  
• If you were walking your bike, you'd be a pedestrian and the law would be 100% in your favor. But because you are riding, that makes you a moving vehicle and thus the laws are different.
  
• Don't expect the other guys insurance to ever admit anything so I'm clearly confused as to who has National but hopefully it isn't you.
  
• Your success with claims will partly depend on your coverage. If you are covered for injury and/or property damage in an accident regardless of fault then that help. The more your coverage is not dependent on fault, the better, of course.
  
• I hope you are OK physically. Riding a bike is dangerous and, in all honesty, most riders are foolharder when it comes to behavior at intersections. Remember that drivers of motor vehicles often cannot see a bicyclist until it is too late.
  
• The witness statement you really need here is someone who can claim that the other driver was not paying attention. That would help a lot.
  

Good luck.
Oh, and sorry Cal fans, but keep the red shirt. Red is the most visible color during the day. It could save your neck.
Forgot, I don't know if you can get AAA as a driver of a moving vehicle, but I'd recommend it. Pay the extra cost, if necessary. They have much better service than the gimmicky cheap guys in the business these days.

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I have, AAA for both auto and homeowners. It appears that homeowners insurance covers me riding bicycle. Driver of car has Nationwide.

Cal Geek;842165859 said:

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I have, AAA for both auto and homeowners. It appears that homeowners insurance covers me riding bicycle. Driver of car has Nationwide.

---

That's encouraging. I would ignore whatever Nationwide is telling you. Present your case to AAA and let them do the rest. My guess is that it will be a "no fault" or mutual fault thing and they will pay each other off. Do you have medical claims you are trying to cover? I mean, what exactly are the damages and the claims? What are the property damage issues? Is the other party claiming damages to their vehicle?

your misfortune clearly doesn't apply in this parable, CalGeek, but can't imagine how long it'll be till another insurance company thread arises here,, soooo..

partly remembered story from the press earlier this year was when it can be [U]better[/U] to be seeking compensation from the 50th best (worst?) customer friendly operator Nationwide. [somewhat vague on the details, sorry]

see, this full-boat coverage AAA policy owning lady was horribly injured, huge medical bills inflicted, without dispute clearly wronged by the other party. then, surprise, she gets hauled into court by to determine whether any portion of liability should be hers, trying to reduce liability. AAA wishes her fare thee well representing herself, she discovers, because in court it turns out her own provider had filled all the counsel chairs at the other table, doing their best to beat her down to minimize liability. yep, both parties were insured by AAA.

lesson of the day: all insurance companies are evil (esp health care related imo)

heartofthebear;842165919 said:

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That's encouraging. I would ignore whatever Nationwide is telling you. Present your case to AAA and let them do the rest. My guess is that it will be a "no fault" or mutual fault thing and they will pay each other off. Do you have medical claims you are trying to cover? I mean, what exactly are the damages and the claims? What are the property damage issues? Is the other party claiming damages to their vehicle?

---

Damage to me, was very badly bruised ankle, still swollen, and limping on, 4 weeks later, bruised ribs, bruised hip, and somewhat deep cut to left finger. I have four known doctor visits, x-rays, minor medication (and pair of compression socks) costs so far. My bicycle has damaged pedals, and some paint damage, paint is super shiny silver that almost looks chrome, but is paint I believe. Damage to car that hit me, couple of dents, and left outside mirror torn off. Nationwide told me they were not going to go after me for damage to car. AAA Homeowners does not cover my medical bills.

Cal Geek;842166097 said:

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Damage to me, was very badly bruised ankle, still swollen, and limping on, 4 weeks later, bruised ribs, bruised hip, and somewhat deep cut to left finger. I have four known doctor visits, x-rays, minor medication (and pair of compression socks) costs so far. My bicycle has damaged pedals, and some paint damage, paint is super shiny silver that almost looks chrome, but is paint I believe. Damage to car that hit me, couple of dents, and left outside mirror torn off. Nationwide told me they were not going to go after me for damage to car. AAA Homeowners does not cover my medical bills.

---

So it sounds like it is really the medical that is at issue. I'm sad to hear you got so badly hurt, although it doesn't surprise me. Has AAA given you any hope that they will succeed in winning the battle with National to cover you? Was there a police report?

If no to each of these, your best bet is small claims, but I think your case is not strong enough to expect to get a 100% judgement. Maybe you can get a partial settlement.

I expect that the driver is claim that he/she was paying attention, waited until the right was green and hit you because you "came out of nowhere against the red". How are you going to refute this in court? I'm not trying to be hard on you, I'm just trying to keep it real.

heartofthebear;842166110 said:

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So it sounds like it is really the medical that is at issue. I'm sad to hear you got so badly hurt, although it doesn't surprise me. Has AAA given you any hope that they will succeed in winning the battle with National to cover you? Was there a police report?

If no to each of these, your best bet is small claims, but I think your case is not strong enough to expect to get a 100% judgement. Maybe you can get a partial settlement.

I expect that the driver is claim that he/she was paying attention, waited until the right was green and hit you because you "came out of nowhere against the red". How are you going to refute this in court? I'm not trying to be hard on you, I'm just trying to keep it real.

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At my suggestion, AAA is trying to get the witness statement from Nationwide. He has talked to me and AAA, but says another statement would just be redundant to what he has already stated. I also suggested to AAA that they ask Nationwide for supervisor, or second opinion, but so far Nationwide seems to want to just ignore California law. No police report, other party filed a "incident report", which I have not seen, and perhaps maybe I should too.

Witness verifies that I was halfway across intersection when light changed. California law states you cannot enter an intersection on green until it is clear of pedestrians, bicycles, and vehicles, and is safe to do so. The Nationwide driver entered without checking to see if it was safe. Everyone, (except Nationwide), but including insurance claims, has told me that since I entered the intersection on yellow, I was in the intersection legally, and Nationwide driver may not enter intersection until he safely can do so.

Cal Geek;842166139 said:

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At my suggestion, AAA is trying to get the witness statement from Nationwide. He has talked to me and AAA, but says another statement would just be redundant to what he has already stated. I also suggested to AAA that they ask Nationwide for supervisor, or second opinion, but so far Nationwide seems to want to just ignore California law. No police report, other party filed an "incident report", which I have not seen, and perhaps maybe I should too.

Witness verifies that I was halfway across intersection when light changed. California law states you cannot enter an intersection on green until it is clear of pedestrians, bicycles, and vehicles, and is safe to do so. The Nationwide driver entered without checking to see if it was safe. Everyone, (except Nationwide), but including insurance claims, has told me that since I entered the intersection on yellow, I was in the intersection legally, and Nationwide driver may not enter intersection until he safely can do so.

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OK sounds good, law wise, although not every party is going to agree that the law you state is the only law that applies here. Multiple laws may apply and that could muddy the waters a bit. As far as the snafu with the witness statement: Does AAA have any leverage to demand that they disclose the witness statement? And I don't understand why the witness statement went to National instead of AAA to start with. But I don't need to understand. If it does go to any sort of legal proceeding I would think that the witness statement would have to be disclosed as part of "discovery".

Good luck, it sounds like National is just playing a delay game. They are going to lose on this eventually and they know it.