NJ - Hit Bicyclist Who Ran a Red Light

[maverick02]

Hi All,

I hit a cyclist today who ran a red light and cut across a street at a pretty high rate of speed. I wasn't going that fast because the direction I was going was into a parking lot. So he didn't get knocked off his bicycle but kinda stumbled across the street to the sidewalk with his bike where he laid down. He seemed genuinely hurt though because when he got to the other side of the cross walk, he was in a lot of pain and was on the ground.

Several witnesses pulled over to help him and they told the police that he was flying through a red light and that I was going through a green. One woman pulled over a couple minutes later to report that while she didn't see the accident, she wanted to note that even when he passed her, he was flying and she though it was very reckless to do in rush hour traffic. Police then went to speak with him as the EMT crew was working on him and he confirmed that he was at fault.

My question is, do I report this incident to my insurance company? I've never been in an accident in the 12 years I've been driving and I have no records of any sorts on my license. I have heard of cases where they raise rates even if it wasn't your fault. I don't know how it works in NJ, but if the police dept reports the accident to the DMV, then I may as well report it to them anyhow, as they will find out anyways.

I also have a crack in my bumper from where he was hit. Do I go after him for it or report it to the insurance company?

Thanks.

PS The cyclist was in full spandex clothing so this was for sport.

 

[b61mack]

Yes report it to your insurance company. I would not go after him for the crack.

 

[fcorcoran]

I disagree. If it was not your fault then no, you dont have to report it. If you were in an auto accident and it wasnt your fault, then you wouldnt report it either, unless the other person did not have insurance.
Its not you job to report no faults to your comp. If something comes back different then you have one year to file the accident. No need to get in a hurry. Just keep a copy of the police report just in case for proof you were not at fault.

 

[NCAgent]

I agree. Do you know what happens when you exchange information? You call the other insurance company and file a claim; you don't file on YOUR company. If that person isn't going to file a claim on your insurance, then why should you? That comes up as a claim inquiry which some companies don't like, and if nothing happens then a claim is opened up LATER, you will have 2 claims on the policy.

As a person, I wouldn't go after a crack but you probably have the right to, I don't know how that works in your state.

 

[experiencedautoadjuster]

YOU HAVE TO REPORT IT!!
Read your policy one of the insuring agreements states that you have to promptly tell your insurance company about any accident involving your vehicle. Regardless of the police saying he's at fault or whatever that doesn't matter it's the adjuster who determines liability. Yes he is going to contact your insurance company I guarantee it.
Your insurance company now has a possible exposure and they have the duty to defend you. If nothing comes of it then they close the claim poof it's gone. Your premium will not go up for opening a claim as long as there is no pay out made.
Witnesses are important! Get all that info together call and report the claim. NJ has what's called a no fault law so he's going to set up a claim if he hasn't already.
I could go on and on about this so if you need more info let me know and I can email you etc

 

[maverick02]

YOU HAVE TO REPORT IT!!
Read your policy one of the insuring agreements states that you have to promptly tell your insurance company about any accident involving your vehicle. Regardless of the police saying he's at fault or whatever that doesn't matter it's the adjuster who determines liability. Yes he is going to contact your insurance company I guarantee it.
Your insurance company now has a possible exposure and they have the duty to defend you. If nothing comes of it then they close the claim poof it's gone. Your premium will not go up for opening a claim as long as there is no pay out made.
Witnesses are important! Get all that info together call and report the claim. NJ has what's called a no fault law so he's going to set up a claim if he hasn't already.
I could go on and on about this so if you need more info let me know and I can email you etc

Thank you for the information! Yes, I didn't know how the no-fault law plays out when the accident involves a cyclist. Anyways, I did report it to my insurance company today and they assigned an investigator. I also picked up the police report and they wrote that he ran a red light and that he admitted he was at fault. Open and shut case? I told a friend about this and he was saying that because it involves a cyclist they might pay him to make him go away if he files a claim.

 

[experiencedautoadjuster]

Oh HECK no not open and shut they are going to lawyer up
And remember it doesn't matter what he said or the police report it's the adjuster police are criminal insurance is civil

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Oh and here's the hairy thing speed can't be used as a factor bc it can't be proved in a court of law and the witness is good but here's the thing if he was in the cross walk your going to be somewhat at fault and ur going to be completely at fault if there are no skid marks

Sent from my iPhone using InsForums
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Other thing is just because he ran the light didn't give you the right to hit him. How fast were you going? Where was your focus, why weren't you maintaining proper lookout.

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[maverick02]

Oh HECK no not open and shut they are going to lawyer up
And remember it doesn't matter what he said or the police report it's the adjuster police are criminal insurance is civil

Sent from my iPhone using InsForums
- - - - - - - - - - - - - - - - - -
Oh and here's the hairy thing speed can't be used as a factor bc it can't be proved in a court of law and the witness is good but here's the thing if he was in the cross walk your going to be somewhat at fault and ur going to be completely at fault if there are no skid marks

Sent from my iPhone using InsForums
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Other thing is just because he ran the light didn't give you the right to hit him. How fast were you going? Where was your focus, why weren't you maintaining proper lookout.

Sent from my iPhone using InsForums

I am pretty sure when two vehicles crash in an intersection because one ran a red light, 100% fault is assigned to the red light runner. It happens so quickly you have literally no time to react. It is no different with a bicycle.. the guy was doing a good 10 - 15 mph according to witnesses and in a split second ended up in front of my car. It was also during rush hour, there were a lot of cars around so it's not that easy to spot a bicyclist on the road. Bicycles are considered vehicles and must obey traffic signals like any other vehicle.

 

[experiencedautoadjuster]

Yes you're right in some aspect but no not always a red light runner is at fault. Depends on circumstances and the Tort laws in the state.
But if you feel certain ok. I can just tell you without saying the companies name- I work for the largest Insurance company in the country and I'm telling you what I'd do as an adjuster

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[maverick02]

Yes you're right in some aspect but no not always a red light runner is at fault. Depends on circumstances and the Tort laws in the state.
But if you feel certain ok. I can just tell you without saying the companies name- I work for the largest Insurance company in the country and I'm telling you what I'd do as an adjuster

Sent from my iPhone using InsForums

No, I am not certain, which is why I appreciate your input. I would be pretty disappointed if I was assigned fault. I just don't understand how anyone can escape fault for running a red light and causing an accident. I would hope him admitting fault to the police would alone go along way with the insurance company. I thought they take that very seriously.