Hi everyone,Last nite at 9pm, after shopping at Walmart, we (wife and I) were driving by the front door of the store towards exit. Saw some pedestrians crossing so I slowed down and stopped to yield in a safe manner. Few second later (more like 5s), something hit the back of my car. I thought a shopping car has hit me. Turns out was an adult cyclist on ipod.

His bike caused few dents and scratches to the rear door of 3 weeks old Nissan cube. In addition, his forehead hit the stop of the door. He wasn't wearing a helmet either. I've checked with him to see if he is ok and the response was yes. Definately there are few bruises on his side. Part of his bike got some bent parts as well.

I took down his name, #, address, license#, DOB. I also provide him my name and contact info (only). 30 minutes later I got home and called up my insurance to file a claim. Eventhough I have full coverage on my car, I may still end up with paying a deductible ($500) since the other party involved was in cyclist.

I am beginning to have more concerns now. What if the guy decided to turn around and sue me for personal injury? There were plenty of people during the accidents but I didnt' ask anyone to be eye witness. To be honest with you, most of the shoppers there wouldn't care less. Basically would be his words against my words. Because my car was in front of the store, I am hoping there are store camera to capture the accident.

Another thing I should have done is to call the police immediately to file a report. I am planning to file one today. Do you thing it matters?

Any advice in how I can sue the cyclist for the damage? I hope my insurance would not go up because of this.

Thanks a bunch!!!007

You're here in California. In this state cyclists have to abide by the same rules of the road as you.

Wal-Mart has security cameras all over the place so you should be able to subpoena the tape if necessary. Let them know right away, though. If it will help them avoid a possible lawsuit over their parking lot design they'll probably be pretty cooperative.

You may not have to sue the cyclist. It should be pretty obvious that he ran into you, making him liable just as if he were in a car. His insurance should cover it, or he may just pay for the repairs out of his pocket to avoid the hassle.

I don't know how it is in your area, but around here most police departments won't even take a report on that type of an incident because it happened in a private lot without serious injuries.

Talked to the mgr at walmart today and they are very cooperative. Just not sure if there are actually cameras where the accident happens. They will provide video if request are from pollice.

Still haven't talked to my insurance after claim filing last nite.

The cyclist is a college student. He doesn't have insurance nor much money either. I may take him to small claim's court but being able to make him pay may be another matter.

Probably end up paying the deductible through my own insurance and get it repair. Hopefully won't raise my insurance premium most importantly.

007