Modern drivers tend to be somewhat hostile toward cyclists. They resent the need to share the road, although California law clearly allows cyclists to ride on most public streets. In some cases, personal hostility toward cyclists can manifest as inappropriate conduct on the road. Some drivers cut cyclists off or intimidate them intentionally in traffic. Others just don’t give them the respect and space they deserve.
Drivers can also become confrontational toward cyclists after a crash, even if the motorist was clearly the party at fault. Cyclists are often very aware of how others perceive them, and they may want to push back against negative stereotypes about cyclists by being as polite and accommodating as possible after a driver causes a crash in traffic.
Even those injured by another person’s negligence may feel compelled to apologize to keep the peace immediately after a crash occurs. Doing so can put a cyclist at risk of complications during insurance claims.
Insurance companies love to reassign fault
To deny a claim or justify paying the least amount possible, insurance adjusters and investigators may try to intimidate those in need of compensation or misrepresent the situation to them. Any indication that a cyclist may be at least partially at fault for a crash may trigger aggressive negotiations and a refusal to provide appropriate compensation.
If a driver tells their insurance company that a cyclist apologized or if a cyclist apologizes to the insurance professional while negotiating a claim, those statements might impact how the insurance company handles the claim. The company may attempt to blame the cyclist hurt by a motorist they insure.
While California state law does explicitly exclude expressions of grief or sympathy from use as evidence of fault in injury-related lawsuits, an apology not related to a loss or injury could look like an admission of fault. Insurance providers might latch on to a cyclist’s attempt to be polite as an indicator that they acknowledged partial responsibility for the crash.
Cyclists hurt due to negligent drivers may need help understanding their rights, communicating with insurance providers and avoiding common compensation claim pitfalls. Working with an attorney when seeking compensation for cycling crash injuries may be the best option for California cyclists, especially when facing manipulative insurance tactics or injuries severe enough to warrant a personal injury lawsuit.
