A car just ran into me!



Geoff Vadar

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Feb 13, 2008
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dougadam said:
Wrecked my bike and ran over my foot. :(
Yep, unlucky. Buy yourself a new bike and forget about it.

Dont try to sue someone, dont *****, dont moan, dont sook, dont complain, dont shoot someone. Just accept it and get on with it.

It happens to all of us. Just enjoy buying a new bike and put it behind you.
 

alienator

Well-Known Member
Jun 10, 2004
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Foot broken? See an attorney so that you can, if nothing else, get your bike replaced. Sure, Joe Citizen can sometimes go head to head with an insurance company and get some recompense, but an attorney will likely give you better odds. Even if all the attorney does is negotiate a proper replacement value for your bunged up kit.

It's not a matter of bitching and moaning. It's a matter of looking after your own interests. You can't expect the other guy's or other gal's insurance company to look after what's best for you. Hell, they're looking after themselves, and if they've time and it suits them, then they'll look after their customer.

If your bike cost any decent amount of money, I can guarantee you the other person's insurance company wil fight to pay less than what the bike was worth or what the replacement value was. To the insurance company, a bike is a toy, and toys aren't expensive.
 

Geoff Vadar

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Feb 13, 2008
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Yeah what was I thinking. Get a lawyer. Sue the **** out of him. Then shoot him. Twice. Then hire the lawyer again. OJ style. Then write a book. Go on Oprah. Then start a foundation.

"Oh say can you seeeeeeeee...."
 

gemship

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Sep 19, 2006
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a couple of years ago I got hit by the Domino's pizza delivery dude. At the time I had no medical insurance and the bike I was riding was brand new taken home that very day. No kidding. I got some good bruises and not much happened to the bike other than a scratched up brifter,torn handle bar tape,loosened up the botoom bracket,and a torn seat bent slightley out of wack. Well I had a witness, the police showed up and the bike and I were taken to the hospital for x rays and observation. A few days later I took the bike to a shop and got a repair/replace estimate for every bike part no matter how slight the damage was. The bike mechanic did'nt think the brifter was bad enough and wouldn't include that on the reciept so I simply thought no problem, got on the Shimano website found a price and part number and the same color pen and wrote it in myself. In the end I was compensated for the hospital bill, ambulance,and my bike. It took a little bit of work on my part dealing with the insurance co. and about 2 weeks time. I may of even gotten a days pay too if I wanted to pursue further but I forfeited that out of fairness of just wanting right done by me. ;)
 

alienator

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Jun 10, 2004
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Geoff Vadar said:
Yeah what was I thinking. Get a lawyer. Sue the **** out of him. Then shoot him. Twice. Then hire the lawyer again. OJ style. Then write a book. Go on Oprah. Then start a foundation.

"Oh say can you seeeeeeeee...."

Sue? You think? Getting a lawyer means suing? Always? Is there some rule that always always happens?

Who's paying for the new bike, Peaches? Exactly at which point is it alright to get a lawyer to help protect your interests, eh? At which point does your law say, "Dagnabit! That car done run me over and busted my bike, so I guess I'll say, 'Oh well. I'll just limp, with what's left of my bike, home. After all, I wuz someplace where that driver decided he/she didn't wanna look. I guess next time I guess I'll just have to be in a place where careless people don't go. Gosh darn self interests! I don't need what's best for me
and right. 't least that's what Vadar done tol' me.' "

Of course, I'm sure Vader follows his own advice. Like, if, say, a car ran over Vader's kid's foot--iffin', say, Vader had procreated--and ruined said kid's bike--Vader woulda said, "Well....oh, well. Son, man up. Sometimes people just run over your feet with their cars. It's an immutable law of nature. It's right as rain."

Yup.
 

jhuskey

Moderator
Oct 6, 2003
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Well, what I am not seeing here is who was doing what when this accident happened. I believe Michigan uses a modified comparative negligence method in determining liability.
So was there negligence on someones part or not? If so then you should be entitled to compensatory recovery including medical and property.
I agree seek an attorney and see a doctor about any injuries, if you were not at fault.
 

dgregory57

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Jul 11, 2005
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dougadam said:
A car just ran into me!
dougadam said:
Wrecked my bike and ran over my foot. :(
I just had to quote the OP, including the thread title which is ALL that he has said so far.

There sure is a lot of talk of lawyers and comparative liability based on a vast lack of information.

For all we know the person has already bought him a new upgraded bike and is driving him to physical therapy for his foot right now. Probably not, but advising to call a lawyer is simply being over-reactionary in my opinion.
 

jhuskey

Moderator
Oct 6, 2003
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dgregory57 said:
I just had to quote the OP, including the thread title which is ALL that he has said so far.

There sure is a lot of talk of lawyers and comparative liability based on a vast lack of information.

For all we know the person has already bought him a new upgraded bike and is driving him to physical therapy for his foot right now. Probably not, but advising to call a lawyer is simply being over-reactionary in my opinion.


Yep, thats what I tried to impart. Not much evidence in right now.
 

dougadam

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Sep 29, 2005
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The police came and filed out a report. So I have his name and the name of his insurance. I plan on getting an estimate to have the bike repaired. Then I will send him a bill and if he doesn't pay I will take him to small claims court.

I did purchase a new bike today, it is nicer than my old one. So things should work out ok.

But I do feel this man needs to learn a lesson.
 

stlblues

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May 21, 2007
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dougadam said:
The police came and filed out a report. So I have his name and the name of his insurance. I plan on getting an estimate to have the bike repaired. Then I will send him a bill and if he doesn't pay I will take him to small claims court.

I did purchase a new bike today, it is nicer than my old one. So things should work out ok.

But I do feel this man needs to learn a lesson.
The hockey player in me, and instilled in my kids is, beat the **** out of him and call it even.
 

Vector8

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Nov 3, 2006
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dougadam said:
The police came and filed out a report. So I have his name and the name of his insurance. I plan on getting an estimate to have the bike repaired. Then I will send him a bill and if he doesn't pay I will take him to small claims court.
Fail. Let the insurance handle it. If your bike is not worth much then the insurance company will pay just to make it go away. Heck, a large part of the payment may be the motorist's deductable. If the bike is worth a lot or if you have any medical issues then you definitely want to go after the insurance company. They have the money to pay. If the insurance company gets pissy then get a lawyer. If you get a judgement from small claims court then you will have the trouble of trying to collect. The motorist might not have a pot to **** in. Are you going to go through the trouble of collections and garnishing his wages?
 

jhuskey

Moderator
Oct 6, 2003
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dougadam said:
Thanks for the advice.

I will bill his insurance! :D


Be sure and give them a description of your loses and a short letter that explains your theory of liability(why it is the other guys fault).
This may save you some time.
 

JTE83

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Jan 28, 2004
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dougadam said:
Wrecked my bike and ran over my foot. :(

You have to tell us more details of how and why it happened. Like where you biking in the dark?
 

oldbobcat

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Aug 31, 2003
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gemship said:
It took a little bit of work on my part dealing with the insurance co. and about 2 weeks time. I may of even gotten a days pay too if I wanted to pursue further but I forfeited that out of fairness of just wanting right done by me. ;)
A smart way to do it. See if the adjuster will work with you before calling a lawyer.

The lawyer is the next escalation, followed by suit.