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  1. #1
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    Hit by car, what would you do? Long

    I was commuting on my way into work the other day. I was in the right side of the right hand lane of a four lane street (two lanes eastbound and two lanes westbound). I remember looking straight for any cars that might dart out in front of me at the next intersection, when, out of the corner of my eye, i see a bumber come up alongside me on the left. I said to myself, "Damn that car is close", and as I looked over at the car I got a clear view of who was driving it. The car's side view mirror then hooked my bike's handlebars and, since it was travelling faster than I, began pushing my bike to the right. I ended up bouncing between that car and some parked cars on the side of the street. I was on the ground right after this car passed me. I stood up, brushed myself off and kinda hobbled off the street. The car had stopped and I thought they were going to back up to see if I was okay. At this point I got a good look at the vehicle and got the license number. I then realized they were just stopped because of a traffic light, because when the light turned green, they drove off.

    Pissed, I got back on my bike and chased them down. I caught up to them at the next light and rode up beside the car and knocked on the driver side window and said "Lady, you just hit me back there". The driver looked at me, looked straight ahead and as the light turned green she drove off. Even more pissed I chased after her again and at the next red light, I crossed in front of her car and layed my bike down and stood in her way so that she couldnt drive away.

    The police and an ambulance arrived in a few minutes and the statement that she told the police is that she didnt see me and that she didnt know she hit me. The police took a report and I ended up going to the hospital for x-rays and stuff. Nothing is broken, thank god, Im just in a lot of pain with all the bruises and scrapes. I've got a massive bruise on my right hip and there is so much pain shooting through my right leg when I walk. It really could have been a LOT worse.

    I've had plenty of friends tell me that I should sue, because not only did she hit me, but when I told her that she hit me, she just drove off. My bike, which was bought for about 500 bucks is still in working condition and only has a few scratches on the frame. I, on the other hand have had to miss work and take sick days so that I can heal. I've had to really rely on my friends to walk my dog and bring me food because I am unable to do these myself. I hate the idea of suing, because if this was a car/car accident, I would just make a claim and let the insurance companies fight it out. But since I was on a bike, what would I claim as damages? Should I even sue at all?

    Lawrence

  2. #2
    I'm a dog person
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    You can make a claim on your medical and property owner's insurance and still let the insurance companies hash it out.
    "It is the glory of God to conceal a matter; to search out a matter is the glory of kings."

  3. #3
    Three sheets to the wind
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    You could initiate claims on your policies but you would create a subrogation between your insurer and the driver's. That translates into a claim on your policy and most importantly you may incure a premium increase with that company and on any other future policies with any company.
    Keep in mind that there are central insurance claim data repository companies that many insurance companies subscribe to in order to calculate your risk and premiums. It's kind of like points on your license or a criminal history or bad credit. It will stay with you for a long, long, long time.
    What I would do if I were in your situation is to determine if and what your losses were and then approach the driver with your claim. If she indicates that she prefers not to deal with you directly, then initiate a claim with her insurer. Most insurance companies will make some sort of settlement offer, but remember that if you take it, you will be releasing them from any future issues, like an undetected injury, forever.
    If you can't accept the settlement because they don't meet your losses, then you probably should retain an attorney. All of this in contingent upon the weight of your loss, of course. Good luck and be safe.

  4. #4
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    I would have asked the police why this was not considered a hit and run, because that is a crime and by your description that is what happened.

  5. #5
    Three sheets to the wind
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    The problem with that is knowledge. Most, if not all hit & run statutes require the knowledge of the offender, which she stated she didn't know.

  6. #6
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    Absolutely, go after the shitty, mean driver.

  7. #7
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    I work in insurance and I'm telling you I'd get a police report and contact her auto insurance company and tell them you've got medical problems because a policy holder hit you while you were on a bike. They won't brush it aside.

    Also, if you filed a claim with her auto insurance company, it doesn't mean you are suing her, it means she had an auto accident and you injured. Don't threaten the insurance people with a lawyer, because most don't care. They won't have to pay, the company will. Just be nice and tell them you have med bills and you can't hardly walk. good luck, she deserves the claim aganist weither she saw you or not. If she really didn't see you, she needs to have her eyes checked.

  8. #8
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    Sue

    I'd sue. it may not be the nicest thing to do, but if you're telling us she drove off after you indicated that she hit you with her car, she deserves some punishment....and that means hit her pocketbook.

  9. #9
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    I'm only a kid, so I don't think you should take any advice from me.
    I'm just appalled that someone would look at you and then drive off after you KNOCKED on the door.

    I don't know anything about suing people, but I read one time that a person successfully sued a city for having "dangerous sidewalks" because they slipped when it was wet, and they received $10,000 from the city.

    Strange world.

  10. #10
    mmmm, caffeine!
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    I'm a kid too, but man, I think you should sue.
    Somebody like that can't get away with it.

  11. #11
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    I was hit by a driver backing out of his driveway several years ago. I went to the hospital to get checked out, but like you, had pain but no serious injury. I recieved a call the following morning from Allstate. This was about 14 hours after the accident. They paid all of the hospital bills, bought me a new bike,. and gave me $1500 for the hassle. All in all it was about a six thousand dollar settlement. They were eager to settle quickly. Go to her insurance company and if they are unreasonable sue for every penny you can get. They would deserve it.

  12. #12
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    sue !!!
    "Hillbilly in a corporate world"

  13. #13
    Blanco
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    Quote Originally Posted by jb8483
    I work in insurance...
    Listen to this man. He knows what he's talking about.

    Do you have medical insurance? If so, they will definitely want to know that the injury was caused by someone else, and they will *definitely* go after the driver for your medical expenses.

    The driver is also guilty of hit and run, i.e. leaving the scene of an accident. Even if she claims she didn't see you when she hit you, she still drove away when you stopped her the second time. Talk to the police about what it takes to file charges. At minimum you want the violation to go on her record, even if you don't get any damages.

    Don't just let her get away with it...she'll do it again, and that puts us all at risk.

  14. #14
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    Approach this woman. Become her friend. Get close to her. Introduce her to the world of bicycling. Then...take her out on a wonderful ride through the streets of revengeville and as you're riding through traffic gently nudge her into oncoming traffic.
    "The only easy day was yesterday!"

  15. #15
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    Document your injuries take pictures of your brusies

    Take pictures daily. take pictures of friends bringing you food and walking your dog. Get receipts for anything you purchase associated with the accident.

    If the insurance company denies liability. Take it to small claims court. I am assuming that this is not a big enough accident for an attorney.

    Good Luck and heal quick

  16. #16
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    Sue, sue, and sue again.

    People that stupid need to be shot anyway, what's a few dollars to them?

  17. #17
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    I don't like the whole "must sue whenever possible" mentality that goes around these days, but people like this who are just plain criminals deserve it. Frankly anyone who drives off like this after being told they caused an accident deserves jail time... being sued is another issue altogether.

  18. #18
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    Well, that would be a hit and run , as was mentioned twice on this page so far, and I believe that you should sue and that lady should never be able to drive again. I have got numerous extremely sad stories involvoing deaths when a car hits another car, or a person, or a biker, simply because they were doing dumb@ss things, such as drag racing on the highway...

    I will tell the stories if you want.
    Last edited by tibug; 02-17-2007 at 07:07 PM.
    I wish I didn't know now what I didn't know then.

  19. #19
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    this lady is a scumbag. I dont believe in unnecessary litigation, but this one imho is necessary. also keep tabs on your back. my sister got in a car accident a few months ago while sitting at a stop light. she felt fine and a few days later the mri turned up a bulged disc. this isnt a frivolous lawsuit like suing the post office for slipping on a 39 cent stamp, she hit you with her car, ran off, then tried to play it of like nothing happened. burn her hand on the stove so she doesnt do it again.

  20. #20
    Viva Las Peli Taco
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    My .02

    Quote Originally Posted by El Caballo
    Listen to this man. He knows what he's talking about.

    Do you have medical insurance? If so, they will definitely want to know that the injury was caused by someone else, and they will *definitely* go after the driver for your medical expenses.

    The driver is also guilty of hit and run, i.e. leaving the scene of an accident. Even if she claims she didn't see you when she hit you, she still drove away when you stopped her the second time. Talk to the police about what it takes to file charges. At minimum you want the violation to go on her record, even if you don't get any damages.

    Don't just let her get away with it...she'll do it again, and that puts us all at risk.

    I have to agree with what's written above. I have had too many close calls riding; I now carry a cell phone with me on every ride. My last incident was when a driver purposely swerved at me and blasted a hand held air horn as he drove by. The kicker was I was on the sidewalk and he drove up on the sidewalk in an attempt to have "fun" at my expense.

    I know this is a rant, but too many people do not feel cyclist have any rights to the road.

    I think that she should have charges pressed. What if you had internal injuries, a blood clot, etc. which caused serious complications or death? Would it still be ok for her to just drive off after being informed that she hit you?!? Just because you survived this time does not diminish the fact that she broke the law and showed wonton disregard for your health and safety.

    Let her have it, she already gave some to you....

  21. #21
    SuperInstigator
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    Quote Originally Posted by Rockfish Dave
    Just because you survived this time does not diminish the fact that she broke the law and showed wonton disregard for your health and safety.
    Excellent point!

    About what I said below about too many instances of crashes and stuff. One of the saddest stories I've ever heard involved two drag racers and a pregnant woman driving. I'm not sure exactly what happened (this was my dad's coworkers daughter) but somehow one of the racers lost control and flipped over the barrier onto the woman's car. Both the woman and her unborn child were killed instantly. All I have to say to those drag racers, both who survived, is that you guys don't deserve to live anymore does anyone who kills another innocent person, whether on purpose or 'accident'. Oh, yea, did I mention that the guy who killed the woman got 5 years in prison, while the guy who didn't happen to kill another person got 2 years. First, 5 years is not anything. They considered it an 'accident' and just charged him with some bullsh!t that meant he was only guilty of reckless driving or something like that Second, just cuz one of them happened to be lucky enough not to kill another person doesn't mean they should get less time.

    Those sons-of-b!tches. Damn them and our sh!tty system. The drivers should go to hell. Sorry about the langauge, I will remove it if asked, but I feel that you couldn't accurately express feelings without it.

    times ∞ (infinity)
    Last edited by tibug; 02-17-2007 at 07:15 PM.
    I wish I didn't know now what I didn't know then.

  22. #22
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    any update? i hate stories like this that don't get updated. lol.

  23. #23
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    Quote Originally Posted by taikuodo

    I don't know anything about suing people, but I read one time that a person successfully sued a city for having "dangerous sidewalks" because they slipped when it was wet, and they received $10,000 from the city.

    Strange world.
    Yea, I'll say. I'll have to check on this, but my dad says that criminals have sued their 'victims'. It went something like this: 1)Person 1 breaks into Person 2's house 2)Person 1 falls because there is a toy on the stairs and it is dark 3)Person 1 breaks leg when he falls 4)Person 1 sues for it being to dark 5)Person 1 wins

    I've also heard that criminals have sued for the 'emotional trauma' they experienced when an alarm went off when they entered the building and won.

    Strange world.
    I wish I didn't know now what I didn't know then.

  24. #24
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    i got hit by some ass in a Lamborghini, bent my back rim, then yelled at me because I scratched and dented his rental. you just have to be careful, I've had people hit me then just drive away also. You can sue if you want, was the lady rich? You'll just end up spending lot of money , cause she might just keep stalling, if you live in Houston let me know and ill get you a lawyer for free, any way hope you heal up soon.

  25. #25
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    I got hit on my road bike about 20 years ago. He did a dumbass move by passing on a blind curve after he followed me for about a mile where he could pass anytime he wanted. As he passed another car came around the curve and the guy survyed back and hit me and ran me off the road into some brush. He kept going but the other guy stopped to see if I was alright. I was alright, a few scratches but man was I pissed. After thanking the guy who stopped I got back on my bike and rode as fast as I could in the direction of the guy who ran into me. I did not expect to see him but sure enough he was pulled over at a park entrance and I could see his wife in the passenger seat giveing him ****. His window was open as I pulled up alongside of him. Before I could say anything he yelled "I didn't hit you" That pissed me off even more so I hit him a straight right to the lsft side of his face. As I got off my bike to finish the job I fell on my ass. Darn those old Ditti clip shoes were slippery. He gave it the gas an pulled away. Good thing he did because he could have kicked by ass. It sure did feel good to pop him though. Maybe I should have got his number and called a lawyer but popping him was certainly the more fun of the two options.
    I could just imagine what the wife said after that.

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