I was hit by a car on Friday after work 06/16



Versabar

New Member
Sep 28, 2005
17
0
0
It was 7:00 pm, sunny, and dry. An oncoming car turned left into the intersection I was crossing and t-boned me. It was a T intersection, I had the right of way. My side had no lights or stop signs. The car driver was trying to leave the road we were both on, and turn down another road. The driver was 18, and had three friends in the vehicle.

The initial impact was car grille and bumper to bike frame. The car hit just behind my left leg. The top tube, down tube, and rear trangle all broke clean. At least it wasn't my leg and hip.

After that I launched off the hood. I landed a good distance from the car. I thought I might get run over next so I jumped up the minute I stopped rolling. People who were there freaked out. They (and I) could not believe that I got right up. But when you think your about run over by a 72 Bonneville, you can do some amazing stuff.

So, aside from some stitches in my calf and a sore shoulder, I am OK. Every time I think about it, I can't believe I didn't get hurt bad. My bike, however, is completely toasted. It was a Giant TCR-0, full DA. I loved that bike.

I want a new bike. The attending physician at the emergency room said the same thing had happened to her. She says I have to report the accident to my car insurance carrier. She says that they will go after the car drivers insurance to pay for the bike. She also said that in a car / bike crash, the car driver is always seen as being at fault. In this case, the driver of the car was completely at fault.

If anyone else went through this, your input would be appreciated.
 
The driver is so lucky its just the bike and not you. We all make mistakes but not thinking too look then facing a death by dangerous driving charge. People will stop for ducks and dogs perhaps we need to dress as a duck. The driver should be willing to buy you an upgrade he could be in jail. Glad your ok .
 
'm glad you got away well... and hope that something hasn't arisen after the adrenalin has worn ff...

Versabar said:
She also said that in a car / bike crash, the car driver is always seen as being at fault.
This one statement seems like one of the biggest pieces of BS I have ever heard. I know of no jurisdiction that an accident's fault is determined strictly by the type of vehicle involved... Perhaps this is a mistaken statement about a no-fault status if your state is a no fault insurance state.

Your auto insuance may help, but the bottom line, is theirs should pay (unless some version of no-fault makes it otherwise).
 
Did you call the police and did they come and writeup a police report?

I've had 4 accidents with cars.

I was blamed by the police for one of them because I was biking against traffic. They will definitely blame the biker for this, so I never bike against traffic.

The other 3 were not my fault. Doored twice and a taxi driver made a U Turn in front of me on the first day riding my brand new Kestrel Talon. No major damage.
 
I did a police report. I also went to the emergency room via ambulance.



JTE83 said:
Did you call the police and did they come and writeup a police report?

I've had 4 accidents with cars.

I was blamed by the police for one of them because I was biking against traffic. They will definitely blame the biker for this, so I never bike against traffic.

The other 3 were not my fault. Doored twice and a taxi driver made a U Turn in front of me on the first day riding my brand new Kestrel Talon. No major damage.
 
Versabar said:
I did a police report. I also went to the emergency room via ambulance.


Not sure where you are but most states are comparitive fault jurisdictions. No presumed fault.
I am also not sure about your auto insurance as it depends on your policy and inclusions or exclusions as to the coverage while on a bike.
I will give you one piece of advise. Never admit you are uninjured until you have a check in the bank.
Insurance companies are notorious for avoiding payment in the hopes that you will go away.
 
This same thing happened to me in January of this year, driver made a left hand turn into my path, i was going 31 mph when i hit the front corner of the car. bike was totaled, and i had a pretty sore neck and headaches for a few days. Trip to the ER found no significant damage. Her insurance company paid to replace my bike quickly (within 10 days i had a check for that). My car insurance paid most of my medical bills, as well as my 6 months of chiropractic to help the stiffness in my neck. Any balance of my bills got sent to her car insurance company for payment. I'm now 6 months out of the accident and still don't feel 100%, i can't look all the way up or down without pain. My chiropractor says i should start looking around for an attorney, so i would recommend doing the same. Make sure to get a copy of the police report, the lady driving got a ticket for careless driving, i didn't get any ticket, so the cops explained that basically means she was at fault for the accident. Good luck and hopefully you feel better soon, i was only off the bike for a week, then i could handle light trainer sessions, and on the road 2 weeks later.
 
If you went to the ER in an ambulance you need an attorney. Your own car insurance can maybe pay your medical bills in the mean time but they'll be more interested in seeing the case go to bed than in your best interest.

There are a thousand things that can happen that you haven't even thought of that could cause you to get screwed. (watch the passengers' stories change next week)

It's really not that hard, you see a lawyer, you sign a contingency agreement (he/she gets 1/3) and make a few statements. After all your medical, lost wages, and property damages are known, you get a settlement. Happened to me 20 years ago - I didn't want to sue... the country's too litigious, but this is hardly frivolous.
 
I just got off the phone with my auto insurance company. They gave me a claim # and said to provide this claim number to any doctor I see realted to the accident.

As for the bike, they told me that that is a homeowners policy claim. So, I am contacting them.

As for being injured, my shoulder hurts, I have some stiyches in my leg, and I feel like I got hit by a car.

I am going to contact my homeowners, I guess they will go after the drivers ins co for the cost of the bike.

As for me, I am going to rest up for a few days and see if I feel better. The shoulder huts. All in all, I will take that over the alternative. I really thought I was going to die right before I got hit.


DiabloScott said:
If you went to the ER in an ambulance you need an attorney. Your own car insurance can maybe pay your medical bills in the mean time but they'll be more interested in seeing the case go to bed than in your best interest.

There are a thousand things that can happen that you haven't even thought of that could cause you to get screwed. (watch the passengers' stories change next week)

It's really not that hard, you see a lawyer, you sign a contingency agreement (he/she gets 1/3) and make a few statements. After all your medical, lost wages, and property damages are known, you get a settlement. Happened to me 20 years ago - I didn't want to sue... the country's too litigious, but this is hardly frivolous.
 
"Her insurance company paid to replace my bike quickly (within 10 days i had a check for that). "

When you say that her ins co paid, how did you file the claim against her auto insurance company? Did your insurance company pursue them?

gregkeller said:
This same thing happened to me in January of this year, driver made a left hand turn into my path, i was going 31 mph when i hit the front corner of the car. bike was totaled, and i had a pretty sore neck and headaches for a few days. Trip to the ER found no significant damage. Her insurance company paid to replace my bike quickly (within 10 days i had a check for that). My car insurance paid most of my medical bills, as well as my 6 months of chiropractic to help the stiffness in my neck. Any balance of my bills got sent to her car insurance company for payment. I'm now 6 months out of the accident and still don't feel 100%, i can't look all the way up or down without pain. My chiropractor says i should start looking around for an attorney, so i would recommend doing the same. Make sure to get a copy of the police report, the lady driving got a ticket for careless driving, i didn't get any ticket, so the cops explained that basically means she was at fault for the accident. Good luck and hopefully you feel better soon, i was only off the bike for a week, then i could handle light trainer sessions, and on the road 2 weeks later.
 
I called her insurance company, and delt directly with the individual handeling her claim. I had to get him the reciept of my bike with the original price on it, pictures of the damage, cost of replacement, and about 5 days later i got a check in the mail. I don't know about the homeowners thing, i would try and get the money from his company because i imagine it to be faster than going through your homeowner, who will then go through his insurance.
 
Thanks a lot. I will check it out.



gregkeller said:
I called her insurance company, and delt directly with the individual handeling her claim. I had to get him the reciept of my bike with the original price on it, pictures of the damage, cost of replacement, and about 5 days later i got a check in the mail. I don't know about the homeowners thing, i would try and get the money from his company because i imagine it to be faster than going through your homeowner, who will then go through his insurance.
 
Be careful about filing the claim with your homeowners insurance. Companies can be quick to cancel coverage due to claims and you lose your loss free credit on the policy.

I would go through the other drivers insurance first. Most states have laws that require them to handle the Property Damage within 30 days, so they are usually quite timely. But note, the other drivers insurance will only pay Actual Cash Value (which means they depreciate for age). Your Homeowners will pay for replacment cost (which means no decpreciation), then less your deductible, then the deductible is reimbursed to you when the other drivers insurance pays for the claim (subrogation, about 30 days after settlement).

Bottom line, I would only use your homeowers if the depreciation is substantial. Then I would consider that issue when settling later for the pain and suffering.

I am an ex-insurance broker, and have been hit twice by an auto. I have not used and attorney yet, but if I ever had serious medicial issues that would last a long time, I would definately use an attorney.

Good Luck!

gregkeller said:
I called her insurance company, and delt directly with the individual handeling her claim. I had to get him the reciept of my bike with the original price on it, pictures of the damage, cost of replacement, and about 5 days later i got a check in the mail. I don't know about the homeowners thing, i would try and get the money from his company because i imagine it to be faster than going through your homeowner, who will then go through his insurance.
 
dgregory57 said:
I know of no jurisdiction that an accident's fault is determined strictly by the type of vehicle involved
In parts of central and northern Europe it almost is. After a collision between a car and a cyclist or pedestrian the driver's insurance company almost always has to pay. In Germany and the Netherlands motorists are required to anticipate unsafe walking or cycling, and will be at least partially liable unless they can prove that they couldn't have avoided the accident. This is even if the pedestrian/cyclist was breaking the law, and if that person was a child or elderly the motorist will probably be found to be entirely at fault.

Disclaimer: I'm not a lawyer. While I've visited some of those countries I haven't spent much time in any of them and none of that was driving.
 
She says I have to report the accident to my car insurance carrier. She says that they will go after the car drivers insurance to pay for the bike. She also said that in a car / bike crash, the car driver is always seen as being at fault. In this case, the driver of the car was completely at fault.

I don't know why you would have to report it to your insurance company,
even though your bike, depending on where you live is considered a moving vehicle, may have some influence.
I would call the other insurance comany, first get a estimated value of the bicycle and all equipment, damages total cost, medical, ambulance cost and E. R. and submit the bill to the Insurance Co. and the driver of the auto.
If you have problems then I would access my insurance Co. and a law suit if needed to recover your loses.
 
This is the situation as of today Tuesday 06/20.

My homeowners adjuster said send me every bill you have for anything that got damaged including shoes, shirt, computer, etc., etc. She said they will pursue the drivers insurance company for the full replacement value and for my deductible. I will have a check in 48 hrs.

She said they will collect from the drivers insurance company, and my rates will not change because of this one incident. I have never had a claim in 15 years. Since I had zero to do with the accident accept being mowed down, they would never drop me.

My auto ins company is accepting any and all bills for medical issues. I just have to have the doctors send them the bills with the claim number. Again, they will in turn pursue the car drivers carrier for reimbursement.

Aside from that, I am just getting up the cajones to go out on a bike again. My body feels OK although I am still hurting. I think time may be the best doctor, we will see.

So, the moral of this story is: Always get a police report. It shows that I was not at fault. Without it all of this would be a nightmare. Also, I think a helmet is essential, if you don't, whatever. I think I may use flashers even in the day now. I may look like a dork, but next time I may not get up if the same thing happens. Also, assume the worst driver errors before they happen, because they happen.

Hopefully, before long, I'll be back out on a new ride.


HAMMER MAN said:
She says I have to report the accident to my car insurance carrier. She says that they will go after the car drivers insurance to pay for the bike. She also said that in a car / bike crash, the car driver is always seen as being at fault. In this case, the driver of the car was completely at fault.

I don't know why you would have to report it to your insurance company,
even though your bike, depending on where you live is considered a moving vehicle, may have some influence.
I would call the other insurance comany, first get a estimated value of the bicycle and all equipment, damages total cost, medical, ambulance cost and E. R. and submit the bill to the Insurance Co. and the driver of the auto.
If you have problems then I would access my insurance Co. and a law suit if needed to recover your loses.
 
Versabar said:
This is the situation as of today Tuesday 06/20.

My homeowners adjuster said send me every bill you have for anything that got damaged including shoes, shirt, computer, etc., etc. She said they will pursue the drivers insurance company for the full replacement value and for my deductible. I will have a check in 48 hrs.

She said they will collect from the drivers insurance company, and my rates will not change because of this one incident. I have never had a claim in 15 years. Since I had zero to do with the accident accept being mowed down, they would never drop me.

My auto ins company is accepting any and all bills for medical issues. I just have to have the doctors send them the bills with the claim number. Again, they will in turn pursue the car drivers carrier for reimbursement.

Aside from that, I am just getting up the cajones to go out on a bike again. My body feels OK although I am still hurting. I think time may be the best doctor, we will see.

So, the moral of this story is: Always get a police report. It shows that I was not at fault. Without it all of this would be a nightmare. Also, I think a helmet is essential, if you don't, whatever. I think I may use flashers even in the day now. I may look like a dork, but next time I may not get up if the same thing happens. Also, assume the worst driver errors before they happen, because they happen.

Hopefully, before long, I'll be back out on a new ride.
You also get to collect from the other drivers insurance for your pain and suffering. Your company will pay your bills, but you will be the one to collect for the other stuff. Keep a diary of the pain and suffering, it will help you to collect later.
 
buckybux said:
You also get to collect from the other drivers insurance for your pain and suffering. Your company will pay your bills, but you will be the one to collect for the other stuff. Keep a diary of the pain and suffering, it will help you to collect later.


You might collect if you sue,have a good attorney,medical testimony and get a good jury.
In about 3 - 4 years when the case comes to trial. If you are not injured then be satisfied with property damages.
 
My 2 cents:

As others have said, see an attorney. Then make sure you stay on top of how your body feels, especially the sore shoulder.

21 months ago, I was hit by a minivan and dragged down the street a bit. EMS came to the scene, but I refused transport since I thought I was just scraped up and bloody. Still, EMS and police documented the accident. In my favor, 4 other drivers who witnessed the accident stopped and verified my side of the story to the police. 24 hrs later I was uber sore, especially my neck. I went to an ER to be evaluated. So far so good. I felt great for about 3 weeks or so, then my left shoulder started to hurt. This progressed to a lot of hurt and decreased range of motion. Over the next few months I had CT's, CT's w/ dye, and lots of PT. PT went nowhere, and I was referred to a shoulder specialist who dx'd adhesive capsulitis, aka "frozen shoulder" and did several rounds of corizone injections. The cortizone and 3 more months of PT didn't relieve the shoulder issues, so the decision was made to operate.

In the time between the accident and the surgery I had to withdraw from grad school classes two semesters in a row due to the time spent in PT and the effects of sleep deprivation on my studies: shoulder pain was allowing me to get a solid 2 hours or so of sleep a night. What initially seemed like a trivial accident had instead turned my life inside out.

I had consulted an attorney--my brother--just to get some helpful hints as to what I should expect out of the driver's insurance and what I should consider doing. Within a couple weeks of the accident, I settled w/ the insurance company on the property damages only: bike, bike bits, bike clothes. They were very fair and gave me exactly what I had quoted them.

The medical side of the settlement was much more complicated. That took place 19 months after the accident. We'd asked for 3x the medical expenses generated (this included bills paid by insurance) and an additional amount equal to the average starting salary for someone from my college w/ the PhD I was pursuing. The rationale for this was that I would be delayed by 1 year finishing my PhD and entering the work force. Settlement negotiations to less than one week, and we settled for an amount just under the maximum provided by the driver's policy. The insurance company would not, out of principle, pay the policy maximum. Since the settlement amount was about twice that we expected when it all started, we happily accepted.

Long story, sure, but here are the things to take home: 1. Pay attention to your body so that you don't end up missing something that will end up being unfun to pay for on your own. 2. Keep all documents and anything else related to the accident, and keep it all organized. 3. Get an organized attorney. My attorney ended provding the insurance company a stack of documents that was in both chronological and alphabetical order (w/ copies). The insurance company's attorneys commented that such organization was rarely the case. 4. Look out for yourself and your interests, because the other person's insurance company will not. 5. Be patient.

Good luck.
 
Versabar said:
I think I may use flashers even in the day now.
Unfortently they are simply not effective in the daylight. Once it is a little dim, they start to be effective. Also, change the batteries reguarly, so you arn't using dim flashers. I use 2 flashers up front and 2 flashers up rear. I feel it adds depth that helps the divers register an object in their brain.

Versabar said:
assume the worst driver errors before they happen, because they happen.
This is your most effective form of defence. Every car, bicycle, dog or pedistrian is going to put out in front of you. Unintentionly I have picked up this defence habit while driving my car (affectionly known as "The Tank").

Good to see you filed a police report. So often the at fault party will change their tune when it sinks in that they are about to fork out money.
 

Similar threads

E
Replies
0
Views
237
Road Cycling
ed_dolan_jimmy_macnamara
E