Old 08-01-07, 02:33 PM
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Astroluc
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Location: New England (the HUB)
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Bikes: 05 Cannondale R700, 82 Univega CustomMaxima SS conversion

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Cut off in traffic; bad precedent being set

So, a couple of months ago I was cut off in traffic, resulting in some slight injury and damage to my bike... Insurance company now says it is MY FAULT and will not cover damage to the bike (about $500)! They did cover lost wages and medical bills, so money is not the big deal here... what scares me is the precedent that is being set.

According to all state laws with regards bicycling in my state I was doing nothing wrong and was acting within my rights on the road.

The car did not signal and turned in front of me, causing the accident. The adjuster says "You were travelling behind our insured and had the duty to ensure of her actions before proceeding."

How is this possible when their insured does not signal?

According to this judgement and the precedent that it sets, it is unsafe to travel on a roadway with cars because they 'might' turn at ANY TIME!

According to MA State law it is 100% my right to pass on the right while going with the flow of traffic. I am being told that I cannot for if I do, and I am hit by a car that did not signal or whose driver did not avail themselves of something called a mirror... IT IS MY FAULT.

This is a DANGEROUS precedent and a dark day for cycling.

Are there any cyclist advocacy groups whom I can contact about this matter? Thank you.
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