Legal Question in Traffic Law in Iowa

Pedestrian Auto Accident- Civil Demand Notice

I received a letter of Civil Demand from Progressive Insurance about an accident I was involved in on

my bike. I was on a sidewalk and rode out into a parking lot. My view was obstructed by an SUV, and I

did not see the oncoming car. She hit me damaging my bike and causing me to fall onto and break her

windshield and side mirror. The cops were called and took both of our statements and estimated the

damage to be $700. Paramedics checked me out and verified that I was okay. Since I was okay and

the insurance business was over I left and pretty much forgot about it until today.

Progressive Insurance is demanding that I pay $1868.85 for damages because they claim that I am at

fault.

So, I guess there's three questions I have:

1. I am (to my knowledge) totally uninsured. Does this affect anything?

2. Are pedestrians protected under Iowa State Law? If so, does this protection include parking lots?

3. Is there any way to prove that I was not responsible for the damages, assuming that I'm correct in

thinking that I'm not? After the accident I pretty much just wanted to get on my way and did not try as

hard as I should have to protect myself.

-Thanks


Asked on 7/20/09, 7:17 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Pedestrian Auto Accident- Civil Demand Notice

Let them sue you. The court will set a date for the hearing, bring all your proofs with you and be prepared to tell your side of the story. It's small claims. If the woman hit you, I fail to see how you're liable. I guess this explains how Progressive can offer such low rates, going after bicyclists who get hit by their insureds.

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Answered on 7/20/09, 11:48 pm


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