RoadBikeReview.com's Forum Archives - General


Archive Home >> General(1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 )


hit by big car(15 posts)

hit by big card
Aug 22, 2001 6:46 AM
I was driving through a green light yesterday. A woman turning left in the opposing lane decided that going through me was an acceptable option. I bounced off the hood of the car, spun around a few times, then landed on my lower back. I was screaming out in pain. I told the woman to get the fck away from me. I have no broken bones, but I have torn and bruised muscles and in severe pain. My bike, which was used for the second time since being built saturday, was a d-ace equipped colnago dream. I do not think I want to sue, but I do want a brand new bike. Please... any helpful tips. My e-mail is john_cormier@hotmail.com I am in Massachusets Phone 413-253-7573. I am meeting with the scene officer on friday to file a report. Besides cutting across my lane, I think that the women went through a red light. I am just wondering if a claim for my bike would go ignored, while a personal injury claim would not?
Agree with M.J. -> get a lawyerMabero
Aug 22, 2001 7:04 AM
Glad you are okay...
yep, a lawyer should be used to deal w/her insurance -nmTig
Aug 22, 2001 9:41 AM
nm
A Couple Of Thoughts --Greg Taylor
Aug 22, 2001 7:16 AM
(1) Get thee to a doctor, if you haven't already. Replacing your bike is the least of your worries.

(2) Get thee legal counsel. If she is truly at fault, she and her insurance company should be falling all over themselves to settle quickly (and, for them, cheaply). A lawyer costs money but, if your accident is a serious as you suggest, it could be money well spent. That said, you had an accident, you did not hit the lottery. Expect to have your costs covered and injuries compensated.

(3) Take your time -- soft tissue injuries can manifest themselves weeks or months after the accident.

(3) Tell the truth about the accident, but watch what you say to people (or post on internet bulletin boards). Don't go broadcasting your story to all and sundry -- careless statements to strangers or embellishments for dramatic effect can come back later and bite you in the kiester.
A Couple Of Thoughts --d
Aug 22, 2001 7:27 AM
I guess the accident looked pretty bad. I was taken by ambulence to the hospital withing five minutes of hitting the ground. I appreciate your commentary. I just feel depleted yet full of rage. I just wish that the driver, or someone close to her, would have called me to check up.... It is very saddening.
Don't feel too bad about not getting a call...Greg Taylor
Aug 22, 2001 7:52 AM
She's probably under instructions not to talk with you.

Re: the rage deal. Hey, you were just physically violated and a beloved possession damaged or destroyed. You are allowed to be pissed. Work it off by doing something constructive -- I once went on a tear building model airplanes.
As a former bike messengerThioderek
Aug 22, 2001 7:30 AM
As a former bike messenger who has been hit, take the advice of the above people and get to a lawyer!!!!

You may not want to do it, but it is protecting you and maybe even her. If she doesnt report the accident and then you do decide to sue, she is up a creek with her insurance company, maybe even you, if there was no police report taken.

See if you can track down some witness of some sort RIGHT NOW!!!! It doesnt even matter whos side they are on, you just need someone to say there was an accident.

Head to the police department to see if you can file an accident report right now. You may not be able to.

Your lawyer should have all the other answers for you, now go find one!!!
e-mail address inactive...MrCelloBoy
Aug 22, 2001 7:57 AM
Dear D,
I feel your rage and am sorry to hear of the crash.
Life aint fair by a long-shot, and healing time sucks! how old are you? It's possible the woman was still in shock herself, despite the fact that she apparently did something terminally stupid.
I wish you quick healing, and if you feel like discussing this any further I'm here, but your e-mail address appears to not be up-to-date.
sue her.alex the engineer
Aug 22, 2001 8:26 AM
At least that way, you will have recourse if she doesn't pay up. You can always find an attorney who isn't looking for big $$, but you will pay them by the hour. Then, you will sue her for the cost of the bike, attorney fees, and a small amount for pain, suffering, and inconvenience. She hit you, she deserves to pay.
Correction - Sue her insurance companywink
Aug 22, 2001 8:38 AM
The insurance company has way more money then this confused woman.
if she HAS insurance (NM)alex the engineer
Aug 22, 2001 10:57 AM
They all sukgrzy mnky
Aug 22, 2001 9:07 AM
Getting nailed by a car is one of life's bigger drags.

You need to document everything, keep all of your options open and stick to your guns. The bike is a distant second to your body, but easier to replace. you may develop things like delayed whiplash in a few weeks - do not be surprised. Bikes can sometimes with stand large crashes, but it's very hard to get back on it after a serious wreck - your confidence in the integrity is shot. In the grand scheme of things getting the frame replaced, especially since it was BRAND NEW should be your priority. The inusrance company will balk when they see the bill, but remind them it's cheaper than getting sued later on after it fails as a result of the accident are you're really messed up. They'll try and buy you off witha low ball offer - DO NOT SIGN the check - it's taken as agreement that everything is fine (learned this the hard way). They might even try to say you were some percentage at fault - fight it. They'll try and short you on the bike to see if they can get away with it. You may see if you can get your insurance company to do the leg work for you - sometimes things work a lot better in this arena. this is what happened when I was hit a few years in my car - my insurance company took care of everything right away then went after the other guy's insurance to get paid. This way I got an excellent repair job and the other company just had to pay it.

Face it - she was driving a bigass SUV and if she can afford that she can afford the deductable. Why does everyone think they need to drive a 4x4 tank? It just amplifies the damage they can do.

Make damn sure that you are very firm when dealing with the officer and impress that you were doing everything right. They sometimes add their own opinions to the report which an insurance company will use against you.
SUV-phobic, eh? :-)kenyee
Aug 22, 2001 9:27 AM
Note that the original poster was careful to say "big car"...but I guess that means SUV to you ;-)
I think most people feel safer in tanks. If they crash against a smaller car, they actually are. Simple Conservation of Momentum if you remember your Physics 101 course. Of course, you also know what this means if ANY car hits a cyclist...200lbs vs. 2000+ lbs...10:1 ratio. Guess who wins?

I find it interesting that cyclists seem to care more about their bike when they crash. A friend took his Lemond Zurich on its inaugural ride and some idiot opened a door in front of him. He flipped over w/ the bike. The guy came over and asked if he was ok. My friend told him to make sure the bike was ok :-)
Bring lawyer with you to the meetingRich Clark
Aug 22, 2001 11:06 AM
You lived to tell the tale, and that's great.

You're meeting with the police Friday? You should have your lawyer with you for that meeting. You don't yet know the full extent of the damage from this collision, and it would be a tragedy if the perpetrator got away without giving you full compensation because you said something that might be misconstrued. I hate to say it, but unless proven otherwise, when it's bike vs auto, assume the authorities are on the side of the auto. They drive, they don't ride, and they do... not... understand.

RichC
re: hit by big carajg
Aug 22, 2001 1:21 PM
Sorry to hear about your "big car" versus a dream bike; glad you're okay; and agree with the "get a lawyer" comments.

I'm not a lawyer, but allow me to make a lawyer-type point. (NM necessary - I also agree with the comment that you shouldn't be typing too much about what happened)

Your email had these two lines:

"I was driving through a green light yesterday. A woman turning left in the opposing lane decided..." and "... Besides cutting across my lane, I think that the women went through a red light."

My point is, unless you know that the lights in the opposing directions are not synchronous, be careful on how you were going through a green light at the same time she was going through a red light. If both lights were green, she's clearly wrong. If her light was red, can you still prove your's was green? Additionally, be careful of her doing some revisionist history by saying the light was indeed red, but that was because she had stopped in the intersection waiting for traffic to clear so she could make the left turn, and the you came through the red light.

Don't take any of this as doubting your story - I just want to suggest ways to prevent her lawyer from creating something from nothing.