I hit my car against a pole because a cyclist hit me on the side of the road. I filed a police report and I have a witness, but the insurance company said they won't pay because it wasn't a collision with another vehicle. Is that legal?
The police report you have is basically gold in this case, because it proves there was fault on the part of a third party and that it wasn't just an accident on your part. The insurer's denial based on "it wasn't a collision with another vehicle" is legally weak - most policies cover damage caused by third parties generically, and a cyclist is clearly a third party. What matters is whether you can prove their fault, and that's where the police report and the witness come in.
Before going straight to SUSEP (which they already mentioned), try this: send a registered letter with proof of receipt to the insurer explaining the whole situation in writing, attaching a copy of the police report, a photo of the witness confirming it (even if by email), and citing the articles in your policy that cover damage caused by third parties. Insurance companies often reconsider when they see things documented and formal - sometimes it's just an employee making a bad call on the first go. Give them a deadline like 15 days to respond.
If they still say no, then you go to SUSEP with this whole file. You need to be prepared for the insurer to try arguing that you can't prove the cyclist's fault despite the police report (which is weak, I agree), but with a witness you've got good odds. The important thing now is not to let this slide - the more time passes, the more evidence disappears and the less willing they'll be to cooperate.
A complaint to SUSEP (Superintendência de Seguros Privados) is the way to go, because the insurance company is wrong - damage caused by a third party is covered, no question about it, whether it was another vehicle or not, and you have a police report + witness that prove it. They usually reverse this kind of abusive denial when you escalate it to them.
The insurance company is wrong and you have every right to challenge this! Third-party coverage isn't limited to collisions with other vehicles - it covers any damage caused by someone else's fault, including a cyclist. With the police report and a witness on your side, you've got solid arguments to file a complaint with the insurance company, and if they don't resolve it, the Insurance Supervisory Authority (ASF) is there specifically to mediate situations like this. Don't let this slide, because this is clearly an unjustified denial!
Just one important detail: before going straight to SUSEP, try to resolve it with the insurance company in writing, making it very clear that you have a police report and a witness, because sometimes they change their position when they see the documentation organized and in writing (email or registered letter).
If they still refuse, then SUSEP is the way to go, because your complaint gets registered in their system and the insurance company takes it seriously. You're right to be upset about that refusal.
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