Results 1 to 19 of 19
  1. #1
    mtbr member
    Reputation: Scott O's Avatar
    Join Date
    Aug 2004
    Posts
    1,318

    Hit by car, bike banged up - how would you proceed?

    A week and a half ago I was pedaling home from the local pub on a 'main' street, which was well lit and not busy at all @11pm. From what I remember, a car cut me off, taking a right turn in front of me. I gave a yell, tried to turn to avoid it, but would up hitting the ground. Not sure if me or the bike actually touched the car.

    Anyway, I get knocked out and find myself lying on the ground with a bunch of people around me. Ambulance shows up, straps me to the board with a neck brace and I spend the next 4+ hours in the ER. I got lucky and only wound up with tons of abrasions and an even uglier face (short term swelling, scabs, black eye, etc).

    I just picked up my road bike a few minutes ago from the cops and it looks like the rear wheel is junked, brake lever may need to be replaces, and possibly the rear derailleur as well. I brought it over to the local shop to assess what it would cost to repair.

    Police report states that according to a witness I was riding on the side of the road. Driver was cited for failing to yield. He was also charged with operating without a license.

    My question is should I file an insurance claim or call the driver up and give him the opportunity to pay for this out of pocket? Anyone had a bad experience going either of those routes? If I file a claim, do you think the insurance company is going to try to poke holes in it as far as, "did the bike have proper reflectors, was the bicyclist drinking, ", etc. (fyi, I was not charged with anything.).

    Thanks, and its good to be alive.

  2. #2
    mtbr member
    Reputation: dompedro3's Avatar
    Join Date
    Jan 2004
    Posts
    930
    1. Contact attorney (if only for a consultation)
    2. Get all documents in order: Hospital records, police report
    3. File insurance claim

    Paying out of pocket costs him once, paying insurance claim will cost himfor years and he deserves to pay for driving like an asshat.

  3. #3
    mtbr member
    Reputation:
    Join Date
    May 2013
    Posts
    9
    Glad you're okay. I agree with the above, go with the insurance. Out of curiosity, were you wearing a helmet?

  4. #4
    mtbr member
    Reputation: newfangled's Avatar
    Join Date
    Sep 2010
    Posts
    2,118
    Glad you're okay too. But he was driving without a license? I certainly wouldn't do him any favors.

  5. #5
    Squeaky Wheel
    Reputation:
    Join Date
    Dec 2005
    Posts
    1,874
    And don't be too fast to settle. Some injuries may take time to manifest themselves.

  6. #6
    Moderator Moderator
    Reputation: mtbxplorer's Avatar
    Join Date
    Dec 2009
    Posts
    5,463
    Uglier face!

    He has no license but has insurance? Or do you mean your insurance?

    If you're sure you're OK, I'd total up the damage (ER, bike etc.), give him about 20 minutes to pay cash, and then file the claim if he balks. Out of pocket is not necessarily a bad thing (quick, easy, predictable $ amount, rates don't go up) if you get what you want. Especially if you can't prove your equipment and wits were 100% up to snuff.

  7. #7
    mtbr member
    Reputation: BrianMc's Avatar
    Join Date
    Jan 2010
    Posts
    3,547
    No license, and he has insurance? You do not want to deal with the driver directly if he has insurance.

  8. #8
    mtbr member
    Reputation: phirebug's Avatar
    Join Date
    Apr 2012
    Posts
    175
    Go with the insurance company. They have deeper pockets.
    Don't buy all the lies that they feed ya.

  9. #9
    MTB, Road, Commuting
    Reputation: bedwards1000's Avatar
    Join Date
    May 2011
    Posts
    2,084
    You were riding at night and you didn't mention lights. I'm not sure if they are required where you are after dark, they are here. If they are required and the guy hit you after dark then you both legally share some fault. The out of pocket route could be more straightforward. If the guy is driving without a license then his insurance may not cover him anyway.

  10. #10
    Ex-Clydesdale
    Reputation: Dwayne's Avatar
    Join Date
    Jun 2005
    Posts
    600
    I'm also in the group wondering whether the driver had insurance considering he didn't have a license.

    If he has insurance, that's the way to go. Add up your medical costs and pain and suffering, and I would be very, very surprised if it ends up being an amount that the person will want to pay out of pocket. When I hear no license, I assume the worst and also think empty checking account.
    '94 RSBikes Stampede (commuter), '05 Prophet, '09 Scattante XRL Team, '10 Slice 4
    Retired: 97 C-DaleSuper-V, 05 C-Dale R5000

  11. #11
    banned
    Reputation:
    Join Date
    Aug 2012
    Posts
    2,049
    "Left the pub"

    Being as you mentioned this on a public forum ... Had you been drinking ?

  12. #12
    MTB, Road, Commuting
    Reputation: bedwards1000's Avatar
    Join Date
    May 2011
    Posts
    2,084
    Plead the 5th

  13. #13
    mtbr member
    Reputation: junior1210's Avatar
    Join Date
    Sep 2011
    Posts
    1,094
    Quote Originally Posted by dompedro3 View Post
    1. Contact attorney (if only for a consultation)
    2. Get all documents in order: Hospital records, police report
    3. File insurance claim

    Paying out of pocket costs him once, paying insurance claim will cost himfor years and he deserves to pay for driving like an asshat.
    +1 this.
    Also remember, if you approach the driver to let him settle out of pocket, it could be seen as a scam attempt. Better to follow formal steps, that way if it craps out (I hope not) the driver won't have any avenue to cause you even more harm.
    The ridiculousness of cycling clothes increase exponentially in relation to the distance from your bicycle.

  14. #14
    blet drive
    Reputation: JUNGLEKID5's Avatar
    Join Date
    May 2006
    Posts
    2,002
    Do you need to have lights on the bike were you live? go after his insurance.
    Save a tree & wipe your butt with an owl.
    Thank your local Sierra Club.

  15. #15
    mtbr member
    Reputation:
    Join Date
    May 2006
    Posts
    11,198
    Quote Originally Posted by Scott O View Post
    A week and a half ago I was pedaling home from the local pub on a 'main' street, which was well lit and not busy at all @11pm. From what I remember, a car cut me off, taking a right turn in front of me. I gave a yell, tried to turn to avoid it, but would up hitting the ground. Not sure if me or the bike actually touched the car.

    Anyway, I get knocked out and find myself lying on the ground with a bunch of people around me. Ambulance shows up, straps me to the board with a neck brace and I spend the next 4+ hours in the ER. I got lucky and only wound up with tons of abrasions and an even uglier face (short term swelling, scabs, black eye, etc).

    I just picked up my road bike a few minutes ago from the cops and it looks like the rear wheel is junked, brake lever may need to be replaces, and possibly the rear derailleur as well. I brought it over to the local shop to assess what it would cost to repair.

    Police report states that according to a witness I was riding on the side of the road. Driver was cited for failing to yield. He was also charged with operating without a license.

    My question is should I file an insurance claim or call the driver up and give him the opportunity to pay for this out of pocket? Anyone had a bad experience going either of those routes? If I file a claim, do you think the insurance company is going to try to poke holes in it as far as, "did the bike have proper reflectors, was the bicyclist drinking, ", etc. (fyi, I was not charged with anything.).

    Thanks, and its good to be alive.
    Lucky to be alive.....pursue immediately all legal remedies...do not give him the easy way out...

    This driver will eventually kill someone

  16. #16
    mtbr member
    Reputation:
    Join Date
    Jul 2013
    Posts
    108
    Go for the throat, get a lawyer. As others said, this driver is going to kill someone and maybe, just maybe if people see that injuring bicyclists costs them money they'll give us some more respect on the road.

  17. #17
    Rep Power: Infinity
    Reputation: NateHawk's Avatar
    Join Date
    Dec 2003
    Posts
    11,722
    If you use a lawyer, better be absolute certain you were doing it all the right way (lights, reflectors, etc) or the defense will poke all kinds of holes in your case and you'll get bupkus. There are enough people out there who hate cyclists that you're bound to have a jury pool with those people in it. And make sure you hire a decent lawyer, not one of those hacks that calls your hospital room.

    Going through your insurance would probably be a more reliable way to be compensated. Let the insurance company go after the guy for its compensation. They'll still try to short you, though.

  18. #18
    I Tried Them ALL... Moderator
    Reputation: Zachariah's Avatar
    Join Date
    Dec 2007
    Posts
    4,317
    File insurance claim, absolutely. My last two encounters with cars netted me $13,000 and $7,500 respectively. Play the insurance game right - all the settlements are 100% tax-free...and you'll easily get a few new bikes out of this ordeal.
    "The mind will quit....well before the body does"

  19. #19
    mtbr member
    Reputation:
    Join Date
    Oct 2012
    Posts
    143

Similar Threads

  1. Replies: 57
    Last Post: 07-09-2013, 02:22 PM
  2. Replies: 9
    Last Post: 05-30-2013, 11:52 AM
  3. Mianus River Park = Banged up...
    By boomer28 in forum Connecticut, Rhode Island
    Replies: 10
    Last Post: 11-06-2011, 07:11 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •