A bicyclist riding on the wrong side of the street ran a ride light , and rode in front of my van. I was goingabout 30 Mph when I hit him , I locked up my brakes but could not avoid hitting him. He suffered a compound fracture of his leg. The police report says he was at fault as does my insurance company and all the eye witnesses. So almost a year later and I was just contacted by my insurance company stating this guy hired an attorney and is suing us. The insurance company wants us to disclose a statement of our assets voluntarily. A case has not been filed yet but is sure to be because we only had minimum policy limits . Our insurance company has offered to settle for the policy limits they say as a good faith gesture to keep this from going in to court. But the bicyclists attorney is refusing it unless we agree to give him all our financial information. We know we'll be sued either way and frankly would rather force their hand and take our chances with a jury. It has come out that this man has 3 prior incidents of riding a bike while intoxicated once while carrying a semi auto machine gun AND though not drunk his BAL was .036. Per the police this guy is a known transient who has been known to be a reckless rider. Our insurance company will defend us but should we get our own attorney?
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1 Answer from Attorneys
I always suggest independent counsel. As the insurance is defending their interests, not yours.
Joshua D. Hale