Club Ride & I was hit - Frame Broke..who pays?
- Thread starter scooter38
- Start date
This would be a tough call. If you go after this person you will most likely not be welcome back, if you don't you have to eat the cost of the frame.
I would meet one on one and talk this over with the person, this was an accident and intentional. To me this is a chance you take when riding in a pack. You might also want to check with the club and see if they carry insurance to help cover this
I would meet one on one and talk this over with the person, this was an accident and intentional. To me this is a chance you take when riding in a pack. You might also want to check with the club and see if they carry insurance to help cover this
Dave67 said:
You meant "unintentional", right? You do bring up a good point about "riding in a pack." I wonder what the law in the OP's state says about that, i.e. how riders are supposed to ride: single file, two abreast, and so on. I'm no lawyer (although I've got a brother who is......don't hold that against me), but I wonder if it could be argued that the OP assumed risk by riding in an unapproved way. Just wondering, that's all.
I think the best bet for the OP is to come to an agreement with the guy who rear-ended him.
Yep, talk to person and provide written estimate of frame replacement cost and ask if he's willing to pay. If he doesn't have the money, ask him for the name of the company who provides his personal liability insurance (usually included with personal property and homeowner's insurance) so that you can make a claim for the damages he caused.
Unfortunately, you were on a club ride and if you intend to sue you might as well leave the club. You will be the enemy. Your decision to sue a fellow club member and if everybody has that same attitude you all might as well kiss bike clubs good bye.
When you joined the club and went out on a club ride you assumed some responsibility for everything that happens on that ride.
What would be real nice is if you both came to an agreement to share the cost of fixing the bike. This way you both agree per bike club rules that you both assumed responsibility. It might be good for your club membership as well.
Now the other thing you should look into is insurance. Specifically auto insurance. Sometimes auto insurance might cover road accidents.
Sorry to hear about your accident but in reality that is part of the risk we assume for the hobby/sport we enjoy.
When you joined the club and went out on a club ride you assumed some responsibility for everything that happens on that ride.
What would be real nice is if you both came to an agreement to share the cost of fixing the bike. This way you both agree per bike club rules that you both assumed responsibility. It might be good for your club membership as well.
Now the other thing you should look into is insurance. Specifically auto insurance. Sometimes auto insurance might cover road accidents.
Sorry to hear about your accident but in reality that is part of the risk we assume for the hobby/sport we enjoy.
sd790 said:That's part of the risk of riding with others. Man up and take care of your own misfortunes instead of playing victim. If you cannot afford to fix/replace your bike, you've already spent too much on it.
You have got to be kidding me! If that happened to me that guy is paying for it or getting his ass kicked!
Crazymike said:
I'm interested in hearing the sources of this knowledge you tout...please enlighten me...I'm not so sure I assume the risk of someone's negligence while cycling, or any other hobby/sport I might engage in. If I signed a waiver agreement beforehand, maybe. During races, this may be the case, but I don't know about club group rides...
Yes, it was to say unintentional.
I have to say after reading this tread there are few that have posted that I wouldn't want to ride with.
When riding in a pack you take the risk. It is just like the guys that show to a Crit with a 5K bike and wants to cry when there is a crash and his bike is scratched. It's going to happen sooner or later. If you can pay to replace the bike leave it at home.
I have to say after reading this tread there are few that have posted that I wouldn't want to ride with.
When riding in a pack you take the risk. It is just like the guys that show to a Crit with a 5K bike and wants to cry when there is a crash and his bike is scratched. It's going to happen sooner or later. If you can pay to replace the bike leave it at home.
Dave67 said:
Come on, pal. Stay focused here. We're talkin' about frame replacement, not a run in your pantyhose...sounds like the feeling would be mutual about riding with you - better yet, I'd make sure to keep you in front of me...
aldocg said:
You're joking right? Maybe you'd have to do without beer or entertainment for awhile or maybe you would have to sell something, but surely you have enough integrity to man up and meet your responsibilities.
Or maybe you don't - there are a lot of poor excuses for people out there.
Sadly after reading the posts in this forum, I would say I NEVER want to ride with any of you sue happy people. I have seen and have unfortunately been involved in bicycle crashes and none of us sued the person responsible.
Please all of you sue happy people stay away from my bicycle club, I mean it, I am not joking you are all sick people.
Before I get truly, and absolutely disgusted with you all. Please explain to me who forced you to go out on the bike club ride? Then who forced you to ride in that group with those people. Please let me know because the person that twisted your arm and threatened your life that made you be on that ride with that club is the one you should sue.
You all disgust me and prove yet again how sue happy Americans are...Oh yeah seems to be and ambulance chasing lawyer on the site as well...
Please all of you sue happy people stay away from my bicycle club, I mean it, I am not joking you are all sick people.
Before I get truly, and absolutely disgusted with you all. Please explain to me who forced you to go out on the bike club ride? Then who forced you to ride in that group with those people. Please let me know because the person that twisted your arm and threatened your life that made you be on that ride with that club is the one you should sue.
You all disgust me and prove yet again how sue happy Americans are...Oh yeah seems to be and ambulance chasing lawyer on the site as well...
^^^ Irrespective of your emotionally charged rant, I was really hoping you'd provide some valid sources for the knowledge you quoted in your initial post concerning assumption of risk while cycling in a group. Apparently you can't and you were simply stating your opinion. So be it and duly noted.
And you're apparently another cyclist that I'd be certain to keep in front me...
And you're apparently another cyclist that I'd be certain to keep in front me...
Crazymike said:Sadly after reading the posts in this forum, I would say I NEVER want to ride with any of you sue happy people. I have seen and have unfortunately been involved in bicycle crashes and none of us sued the person responsible.
Please all of you sue happy people stay away from my bicycle club, I mean it, I am not joking you are all sick people.
Before I get truly, and absolutely disgusted with you all. Please explain to me who forced you to go out on the bike club ride? Then who forced you to ride in that group with those people. Please let me know because the person that twisted your arm and threatened your life that made you be on that ride with that club is the one you should sue.
You all disgust me and prove yet again how sue happy Americans are...Oh yeah seems to be and ambulance chasing lawyer on the site as well...
YOU STAY AWAY FROM OUR CLUB RIDE CRAZY MIKE......with a name like that.......lololololol
tonyzackery I don't want to be in front of you. If I don't point out a pot hole and you taco you wheel, I will have to pay for it.
To the OP either talk to club about insurance coverage, some have it, or talk to your insurance company and see if your bike is covered under home owners, if you have it.
To the OP either talk to club about insurance coverage, some have it, or talk to your insurance company and see if your bike is covered under home owners, if you have it.
Dave67 said:
Right behind you??!! Are you kidding??!! I'd maintain at least a 10 rider buffer behind you...
I'm not getting your logic on this matter. How is the OPs situation conceptually any different from a motorist rearending someone while driving a vehicle? Just because I'm on a bike means someone gets a free pass to ruin my property???
I suppose if the damaged party was financially well-off and $1000 was like $100 to me, then I could understand a little better not holding the offending party responsible financially. Nonetheless, even if I was rich I'd still hold the offender responsible morally and ethically...
tonyzackery said:
Well, in a car you're supposed to maintain a safe and assured distance from a vehicle in front of you. Riding in a pack can involve people riding much closer together, such that any error by a rider can result in bikes on the ground and broken. It happens. Also, I think any outcome depends on what a person's state law has to say about how groups of cyclists should or shouldn't be riding. By the responses of a fair number of folks on this thread, it seems a person would be able to hold another cyclist accountable for any small mistake said cyclist makes that results in damage of some sort. I've yet to meet a single person whose attention has been focused 100% of the time on exactly what safety dictates. That's a tough standard to bear. Some risk and responsibility has to be assumed by an individual when they choose to ride in a pack. Given that, I think running to a lawyer is a bad idea, if not a fruitless endeavor. Talking to the other rider is the way to go.
tonyzackery said:Right behind you??!! Are you kidding??!! I'd maintain at least a 10 rider buffer behind you...
I'm not getting your logic on this matter. How is the OPs situation conceptually any different from a motorist rearending someone while driving a vehicle? Just because I'm on a bike means someone gets a free pass to ruin my property???
I suppose if the damaged party was financially well-off and $1000 was like $100 to me, then I could understand a little better not holding the offending party responsible financially. Nonetheless, even if I was rich I'd still hold the offender responsible morally and ethically...
I agree with you!!!
tonyzachary,
If you must sue or if you recommend that a cyclist sue another cyclist for a crash during a club ride. The only thing I can come up with is that you would have to read the club;s waiver form. The waiver may be written in such a way that the participant in a bike club's ride understands the dangers of riding a bicycle in a group and or on a road. The participant then agrees to not hold responsible , the club, the officers, or members of the club.
Most clubs have a waiver on their application form but not all waivers are written the same way. Have found one bicycle clubs waiver that exempts members, officers and the club from being sued.
If you must sue or if you recommend that a cyclist sue another cyclist for a crash during a club ride. The only thing I can come up with is that you would have to read the club;s waiver form. The waiver may be written in such a way that the participant in a bike club's ride understands the dangers of riding a bicycle in a group and or on a road. The participant then agrees to not hold responsible , the club, the officers, or members of the club.
Most clubs have a waiver on their application form but not all waivers are written the same way. Have found one bicycle clubs waiver that exempts members, officers and the club from being sued.
alienator said:
Thanks for the information - I had no idea.
Anyway, the rules of the road for vehicles travelling on a roadway are pretty clear. I've yet to see lawbook concerning rules cyclists are to follow when on group rides. Regardless, in the OPs situation I have to presume he was coming to a stop or slowing when impacted from behind. As such, I don't think I need a lawbook to tell me that an operator of a bicycle, or driver a vehicle, must maintain control of his vehicle such that impacts of this sort are avoided.
I'm still interested in where you and another poster are getting this 'I'm on a bicycle, so I assume some risk of other people running into me' theory...Please share the link to this piece of information. Or is this some common knowledge in the state which you reside?
Suing someone is ALWAYS a last resort - and thank goodness we have that resort torun to if necessary...