Most cyclists are really shocked to find out if they’ve been seriously injured in a cycling accident that the insurance company is going to be looking for every reason not to pay 100% of what their claim may be worth. The first thing they are going to do is to look at any argument that the cyclist might have done something that contributed to causing the accident. The classic example might be that they didn’t stop at a four-way stop sign.
The insurance company does this because if they can convince a jury that the cyclist was 10% or 15% responsible for the accident, then it is going to reduce what the jury would give them by 10% or 15%. So, we have to look very carefully not only what the drive did but to make sure we understand if there is any argument that can be made that the cyclist failed to do something which also contributed to the accident because we don’t want to be surprised that we have a big comparative fault argument.