Originally Posted by Dahon.Steve
Folks. This is why cyclist don't get any respect. The accident was caused by the driver and he wants to file a claim with HIS insurance company thus raising HIS premiums! UNBELIEVABLE.
It's time to fill out the papers for small claims court for the max. The insurance company will not go to court and settle because it will cost more in legal fees to represent your case. They will then hand over a check that will pay for pain and suffering. Enjoy
your ascertations are pretty much false. I worked for an insurance company for a little while (in claims) and the advice you gave is not true. The insurance company will take your case to court unless your lawyer reaches a settlement. His premiums most likely won't be raised as his insurance company will get the money back from the "guilty" party's insurance company.
D2Create - I would actually contact her insurance company for two reasons. One, they should now about the accident for their records. Two (most importantly), her insurance company will take care of you (assuming it's one of the bigger ones) because they want to make sure you aren't going to come back in a year or so and take them to the cleaners. You seem like a level head guy (read not "sue happy") so just make sure you get the police report and I would get checked out by your doctor; her insurance company should pay for it.
Edit: Figured I'd just add to my existing post....