No one carries the DogBoy
Join Date: Feb 2004
Location: Upper Midwest USA
Posts: 2,320
Bikes: Roubaix Expert Di2, Jamis Renegade, Surly Disc Trucker, Cervelo P2, CoMotion Tandem
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Okay, the adjuster and the IS guy put in their $.02, here's the perspective of a P&C Actuary.
If the case is as stated in the initial post AIG is full of it. If the police report clearly shows that the SUV driver was at fault, AIG doesn't have much of a leg to stand on. The light/no light thing may be ignorance, so get the letter from the police officer and show that they are incorrect. I would merely disagree with them in a certified, signiture return letter. State you did have a light and attach the statement from the police. Then state that you did not have an opportunity to avoid the accident. What POSSIBLE reason could a cyclist have for not wanting to avoid a collision with an SUV? Explain what you did...brake hard...and why you didn't swerve away (swerve left and get run over, swerve right and hit the car when she stops short, or couldn't swerve or you'd hit the other cyclist.) Explain what you did and why what you did was the correct course of action. Finally reassert your damages and state that you expect 100% reimbursement.
Be sure to keep a copy of their letter to you and your response to them. If they deny you again go for small claims court.
As an aside, the IS guy is wrong about at least one thing. When a company puts up a reserve the money IS still invested and is still contributing to the bottom line. It isn't until a claim is PAID that the money is no longer there. If you want to know why PM me. I don't think the group as a whole cares much about insurance company accounting.