Unfortunately, even with a favorable traffic collision report, liability can be disputed. There is considerable prejudice against cyclists and many non-bike riding individuals view bicycles as a nuisance and feel that cyclists should not be permitted to ride on the roads. This bias is pervasive and many insurance adjusters share these sentiments. Beyond this inherent bias, insurance companies always look for any evidence of fault on the other party. For example, if the insured (the driver) insists that the cyclist was responsible for the accident, the insurance company may use that evidence alone to conclude that the cyclist was at fault. Likewise, if the report includes facts that could be used against the bicyclist, the insurance company will interpret them in the most negative light possible and may find the bicyclist entirely or partially at fault. These negative facts include: failure to wear a helmet, riding at night without a bike light, passing the car in a manner that the adjuster feels was unsafe, etc.
