car strike

Discussion in 'The Bike Cafe' started by watermelonman, Dec 9, 2013.

  1. watermelonman

    watermelonman New Member

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    I was riding home at about 6:00pm last week when a kid in a car decided to make a right turn into a parking lot, right through me.

    First things first, aside from some bumps and scratches, I am fine. Definitely had worse crashes solo. My bike probably needs $200-$400 in repair.

    However, I am looking for some advice on where to take it from here. He pulled over, was very apologetic and courteous, left me his insurance information, all that. I feel a little bad for the young guy, and it was definitely dark, I was probably going faster than I should have been and my lights are a little wimpy. Obviously he should not be crashing into me regardless, but I wanted to make it clear that there is some feeling of guilt on my side as well.

    I am sure similar has happened to someone else here, and even without the experience I am sure many could give me a spot of advice. Should I be involving insurance or law enforcement? I have no plan or desire to make this a big deal, but I would like for it to be fair.

    Thanks!
     
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  2. jhuskey

    jhuskey Moderator

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    Are you seeking revovery of damages?
     
  3. watermelonman

    watermelonman New Member

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    That is sort of what I was seeking advice on. Seems reasonable, yes? Or should I keep going and seek blood? Or let the whole thing go?

    I am leaning towards recovery of bike damages and a stern talking to, but wanted to hear opinions from others.
     
  4. jhuskey

    jhuskey Moderator

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    Sounds like your damaged are less than most deductibles so I would give this individual an estimate in writting and give him the opportunity to reimburse you without getting his insurance carrier involved.
     
  5. CAMPYBOB

    CAMPYBOB Well-Known Member

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    If there's even any CHANCE of an injury showing up as a result of the vehicle crash within the next few days or weeks and/or if damages to the bike MIGHT run into the hundreds, I have law enforcement show up and take a report or go down to the County Sheriff's office and fill out a report.

    Then...ask the Deputy to just sit on the report for now. 'If', within say 7 days the at-fault person or the at-fault person's insurance company and you can come to agreeable terms the report gets torn up.

    Everyone is covered just in case the guilt and remorse evaporate when presented with medical expenses and repair shop invoices. Injuries can take weeks to manifest themselves and perhaps your frame was bent out of alignment by the crash. Sometimes only an MRI or granite table and dial indicators can spot the full extent of the damage.

    OP, I'm glad you weren't seriously injured.
     
  6. Volnix

    Volnix Well-Known Member

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    Was you (not drunk etc) and your "vehicle" 100% legal (reflectors, helmet, operational lights (you wont get blamed for not using xenon) etc) ?

    If so you could consult with the police a lawyer etc.

    It seems that you have his/hers details (contact info?) so you can maybe take it from there. The police is cheaper then the lawyers but a bit more difficult to work with...

    Good luck!
     
  7. alienator

    alienator Well-Known Member

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    FYI, take the bike to an LBS and let them do the estimate. They'll give you something that looks official.
     
  8. jhuskey

    jhuskey Moderator

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    Ok I have time to detail what I would advise you to approach this. Yes, get an estimate and compose a written statement detailing your theory of liability, why it is his fault. You may want to mention that you were injured but at this point have not sought medical attention.
    Explain that you seeking to restore your bike to it's condition before he accident. Considering the small amount a lawyer is not practical. You could file in small claims court for a fee of $150.00 or so and this is recoverable from the other guy if you prevail but you may tie up an entire day. Be polite and professional.
    Please consider that the above is subject to the jurisdiction and or area you are in since statues and standards vary.
     
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