The claimant was riding his bicycle when he wound up in front of a vehicle operated by Allstate’s insured. The insurer argued that the automobile was not involved in the incident, and that the claimant had fallen independent of the automobile. Adjudicator Farlam held that the incident was not an accident. The claimant rode his bicycle up along side the stopped vehicle and put his hand on the driver’s hood. When the light changed, the claimant took his hand off the hood, started to ride, and then lost his balance and fell. The driver of the vehicle had not moved his vehicle and was still stopped when the claimant fell. Independent witnesses observed the claimant accosting the driver after the incident and police were called to the scene. The police investigation determined that the claimant had lost his balance, and the claimant was charged with assaulting the automobile driver. The police investigation noted that if the claimant’s bicycle had been struck by the vehicle there would have been damage to the bicycle or the vehicle, and no damage was observed on either. Adjudicator Farlam also noted that the claimant’s evidence was unreliable and inconsistent, nor was it corroborated by the testimony of any witnesses.
