|Thanks for running your truck into me @sshole!||Ahimsa|
Sep 26, 2002 4:32 PM
|Well...once again I have been hit by a motorist. Turned left into me (I was already in the intersection) and slammed into my left thigh and hand with the bumper of his giant Dodge pick up. Bike goes spinning off like a top and I am plunked down on my arse as he slams the brakes.
I had no time to react at all. This was the first time I have been truly blind-sided square on. Luckily he didn't just grind that hillbilly wagon right over me for good measure.
No argument from him on the scene, he seemed concerned for my injuries. I was concerned about my steed. Bent pedal, torn saddle, out of true front rim, twisted stem, scuffed skewer, bruised hip and quad, bloody busted up pinkie. I was lucky as far as bad luck goes.
Apologized to me on the scene with "I didn't see you" and "are you okay?" "Sorry".
I don't think he was cited at all by the cop. His truck only whacked my thigh meat and hand, so no damage to his truck. I refused the ambulance. I rode the rest of the way to school in pain.
Now I must get the frame checked for alignment. Replace damaged parts. I figure I have the right to at least get my ride back in the shape t'was before he smacked me off it. I call his insurance co. They say he already called. Told 'em it was my fault.
Quote: "You were in his path".
WTF does that mean?
Green light intersection for me. Clear shot through. He turns left square into my left side.
F*ck cars. F*ck insurance companies. F*ck liars. F*ck this. F*ck all.
Sep 26, 2002 4:56 PM
|First, I'm glad you weren't hurt more. You still need to get checked out though. Your injuries must be documented by a doctor. The finger really needs to be looked at too. Long-term injuries may not show up at first.
DO NOT call or speak with his insurance company from here on unless they send something in writing that binds them to a settlement. Even then, I'd not speak with them. They know many tricks to lower/prevent a claim payment. Let a lawyer handle it from here. If you have a witness, you should do OK. It also depends on if an accident report was filed by the cop. My LBS wrote up the bike's estimate.
The same kind of accident happened to me once but I was knocked unconscious and broke a few bones. The driver wasn't cited, but at least an accident report was filed by the cop. The driver's insurance company wasn't aware of the accident until my lawyer called them. They paid the standard $20,000 liability, which I received 66% after the lawyer's fee. It replaced my bike and paid my hospital bills. That's all I wanted.
|I feel your pain...||MXL02|
Sep 27, 2002 2:59 AM
|Insurance companies' goals are to NOT pay claims. They figure you are a nobody and they risk the fact you won't do anything. I agree with Tig...get a lawyer. If you are like me (and I would think most cyclists) getting involved in this dishonest Machiavellian part of societal interaction is not in your make-up. But you gotta fight fire with fire. As Shakespeare sez: " Cry Havoc and unleash the Dog's of War!"|
|re: Thanks for running your truck into me @sshole!||bigdeal|
Sep 26, 2002 5:00 PM
|From experience: it doesn't matter what he said to the insurance company, it's what's in the police report and from witnesses that matters.|
Sep 26, 2002 5:02 PM
|the very same thing unfortunately happened to a mate of mine. The driver was cited with reckless driving et al.
Perhaps the driving laws are different in Australiam but it strikes me as weird - the !@#$wit caused an accident. Is that not a citable offence?
|I need to spend more time checking out the sites I find. . .||js5280|
Sep 26, 2002 6:58 PM
|Didn't know that was even there. That is disturbing information but I'm not surprised. Keep an eye for each other out there, even if you're in the car and get involved. More importantly, don't get people angry while they are in they're cars. Wait till the get out then shove your frame pump into the orifice of your choice. Good luck to you Ahimsa, heal quickly and keep us posted.|
|youd be suprised..||Steve_0|
Sep 27, 2002 6:10 AM
|I mentioned in another post that i had a car totalled when a woman ran a stopsign.
I had numerous witnesses, skidmarks, unquestionable traffic-control devices (aka stopsign), a very incriminating police report, and an investigating officer who labled the accident her fault.
They refused to issue a ticket becuase the municipalities policy is to only cite violations which were witnessed by a policeman.
Crazy, but true. I could have cited her myself if i wanted to. didnt see a need though.
|Now take a big soothing breath....||GreenFan|
Sep 26, 2002 5:07 PM
|Take some photos of ALL of the damaged goods (your appendages, and various bike parts), write down the entire incident exactly as you recall, including all conversations, tomorrow go to the on scene police officer's station and request a copy of his report, and get in touch with a good attorney. It will take a year or so to see any real reaction to a lawsuit....but you know what ? The only way these assholes are gonna get it through their neanderthal thick skulls is to hit them in their wallets. I am a USPS Mail Carrier and absolutely no qualms over suing someone because their dog bit me (fluffy would never hurt a fly my ass !) Social responsibility is not something that can be forced through legislation...it can only be suggested (strongly) through civil action. Now get a good nights sleep...and dream of nice shiny new bikes.|
Sep 26, 2002 5:37 PM
|Which of your beautiful bikes was it?
Off the record... If he is lying about the incident, I don't think there's anything wrong with nailing him for it. If you want a new frame, step on it and claim the damage happened in the accident.
Even if there are scratches on the frame, make him pay for replacement. Otherwise the financial burden will eventually fall onto you because it starts to rust or you can't get a decent resale price with scratches.
Dirty lying bastards! Good luck to you.
|you shouldn't have refused ambulance nm||Raf1|
Sep 26, 2002 7:33 PM
|I thought "a left turn" is always at fault?nm||desmo|
Sep 26, 2002 7:50 PM
|re: Thanks for running your truck into me @sshole!||mickey-mac|
Sep 26, 2002 7:54 PM
|Insurance companies are pretty good at convincing their insureds that their initial impression about being at fault in accidents is mistaken.|
|Glad you're OK Ahimsa, round up witness & lawyer.||rwbadley|
Sep 26, 2002 8:09 PM
|Accidents are just that, an accident. Sometimes what happens after is just what we make of it. I am sure it is a nightmare for him as well.
You need to make sure this event comes out in your best interest. As the injured party it is up to you to decide how you wish to pursue it. I would deal with an attorney and let him handle it.
The main thing is you're going to ride again! Be happy.
|LAWYER LAWYER LAWYER||tremblay|
Sep 26, 2002 10:43 PM
|Since when is through traffic punished for being in the path of a vehicle turning left? The person turning left may only cross the intersection when it is clear. Anything contrary to this is complete bollocks.
You should get a lawyer and settle with his insurance company. Even if you weren't injured badly, you can still get something. A friend of mine was riding a 49cc scooter when a car hit him, knocked him off the scooter, then drove away. His face was scraped up, as well as his arm. He had no major injuries, just some scrapes. He went straight to the insurance company and got a $1,000 cheque no questions asked. Imagine what someone would get if the driver had been caught. If the insurer says it was your fault, don't talk to them anymore. They need only speak with your lawyer.
As everyone else has said already, nail the guy. You don't get slammed to the pavement and just walk away. Hell no. You go straight to the law office and file a lawsuit goddammit.
|Very similar accident this spring||TrekFurthur|
Sep 27, 2002 4:27 AM
|Though mine was in a parking lot at slow speed; driver reacted similarly to yours. I was told by a lawyer acquaintance not to let the insurance company bully me around, and I now pass that wisdom on to you. Since the cops showed up, get a copy of the accident report (they had to file one and should have given you a copy). Call the insurance company back, tell them you'll fax them a copy of the report and an estimate of the damages. Then tell them that they can either deal with you, or with you attorney. Don't get into an argument with them about "fault." Generally, at the word "lawyer," they realize you're serious, they can't push you around, and will usually pay up. Luckily, the company I dealt with did not make me go through all of that and just cut me the check.|
|Insurers take lawyers seriously. It's worth the time and money.||dzrider|
Sep 27, 2002 4:31 AM
|If only to get the attention of the people who can pay you for your pain, suffering and bike. It also means that you can spend less time feeling angry and vengeful and more time riding happily. Our family lawyer is a cyclist, which is not a bad idea either.
Take care of your injuries and get back in the saddle. Glad you're ok.
|Was there an accident report?||filtersweep|
Sep 27, 2002 4:47 AM
|If not, you may be able to talk the officer into creating one. It is a long story, but I went through a similar ordeal with my car. After great hassle, I came out with several hundred dollars for damage to my parked car that was secondary to another accident on the street that the police DID respond to.
Secondly, what do you mean by you called "his insurance co." ? I assume you are making a claim to the company and not just talking to a slick agent? Most insurance companies easily part with their money in these situations. Even if it WERE your "fault"....
I HATE that crap when the source of an accident is all contrite at the scene and a TOTAL unaccountable LIAR afterwards. It is so frustrating and can really make the blood boil. I'd just reinforce the idea of having patience and trusting that everything will work out OK. It is easy to feel like you will be screwed over by the situation, but they "usually" work out.
|Simple. Sue the bastard. nm||DougSloan|
Sep 27, 2002 5:20 AM
|Simple. Sue the bastard.||DougSloan|
Sep 27, 2002 5:22 AM
|My motto: "Don't get even. Get ahead."
Lots of time it takes a few weeks for injuries to fully develop, too.
Just sue the guy and ask questions later. Don't be surprised if he totally lies about the facts, though. People do that.
|ignore all the negativity here...||Steve_0|
Sep 27, 2002 5:56 AM
|Firstly, Im certainly sorry about your incident. Dont wish it on you or anyone. And i'm certainly not implying it was your fault, as it obviously wasnt. I certainly believe youre entilted to any medical and property damages incurred.
Thats why the man has insurance. All this talk of lawyers and suing and ambulance riding is ridiculous, IMO. Theres no indication (yet) that their will be any legal troubles in collecting. The man was apologetic. You werent seriously hurt (thankfully).
You have a police report, youre documented should you realize injuries later in the week (although most of these 'late' injuries are usually the result of a lawyer getting ahold of you). What if you dont find injuries(which you probably (and hopefully) wont)?? For what are you going to sue? How will that prevent future occurrences? If you really want to make a point you can do so without looking like a greedy basted. You can have him charged with failure to yield, careless, reckless, and probably some others if you really wanted to.
ACCIDENTS HAPPEN PEOPLE! We all know road bicycling has inherent risks. We've all been hurt on the trail or road without other vehicle involvment. We dont lay around waiting for ambulances 'just in case' or decide to "teach someone a lesson". We bike home and patch our wounds.
Its unfortunate someones carelessness resulted in injury and loss, but you dont need to become a typical greedy lawsuit-ready american looking to score a few extra dollers. Suing for anything other than true medical or propery damgage wount affect your life in any positive way. It'll simply get your ambulance-chaser,errr lawyer a little richer so he can get his Hummer a little sooner.
Use the medical and legal, and insurance systems for what they were intended. If you dont find satisfaction, you can always sue for your losses then.
I probably dont need to preach to you, as your failure to take the ambulance ride 'in case', and the fact that your post never mentioned lawsuits or lawyers already shows strong character on your part.
|No negativity intended||TrekFurthur|
Sep 27, 2002 6:56 AM
|Hope you didn't read my post as saying, "Take 'em for everything they're worth!" Not my position at all.
Most likely, as he refused ambulance service, he will not be able to recoup any medical expenses; the insurance company will go to court over that, and they'll likely win.
However, he is due any cost to repair or replace his bicycle and/or components. The insurance company is simply playing its hand and waiting to see if he counters. If the police showed up, which his post indicates, then there IS a police report; if not, then he has a grievance with the police as well.
He can't simply wait and see if everything is going to be alright, as the insurance company has already denied (apparently) the claim; now, he has to take action. I'm not saying jump up and sue them. Call them, explain that you have the traffic accident report (which probably places fault on the driver), and then see how they react. The ugly of it is that he MAY have to call an attorney; with the report in hand, I doubt it. The insurance company knows that if he does have to call an attorney, although they can deny medical claims (as I've stated), then they'll likely get hit for "pain and suffering," which is a different ball game, legally.
No negativity, just time to play hardball.
|No negativity intended||Steve_0|
Sep 27, 2002 7:23 AM
|Not directed at you, or anyone else. Just observed a trend;
Hardballs fine; but for all we know the other party may be planning on wiffleball.
Just becuase an ins. company initially stated 'not our fault' doesnt (necessarily) mean theyre denying the claim or a lawyer is necessary.
Personally, i think its DEFINATELY too early to consider a lawsuit. And until the intention of the other party is known, a lawyer is just a waste of money.
Sep 27, 2002 10:09 AM
As for suing, I agree that there's no need yet (one can always say "lawyer"--not as bad as crying "wolf", though maybe close); simply contact the insurance company again and say you've got the report and would the like to see it. I was set for all kinds of havoc after my wreck, but the insurance company played everything smoothly; however, I never flinched either. Of course, my driver didn't deny being at fault either. Probably his driver is claiming "no fault," meaning he thinks it was a pure accident and neither party should accept responsibility.
Sep 27, 2002 7:20 AM
|First off, I'm glad you were able to walk (ride) away.
FWIW--If you decide to get a lawyer, maybe you can ask your lbs(s) if they know anyone. I'm sure they've heard of or experienced these type of things. If the lawyer is also a cyclist, that would also be a plus. I'd do it soon though.
I would also say that anyone who is in this situation is also helping cyclists as a whole if they pursue action. Granted, I don't know what is involved in pursuing such a thing.
|pursuing such a thing...||Steve_0|
Sep 27, 2002 7:35 AM
|1. Issue as many summonses to the driver as possible
2. Research bicycing injury/fatality statistics
3. Starting awareness groups
4. Approaching city/state/fed govt with findings, recomendations, calls for legislation
5. Learn from our 'mistakes'....SIPDE
Or just sue, and hope we get enough money for that little bahamian getaway we've been longing for.
If you go with the last option, remember, your not really obtaining punition, because his insurance company will be paying you, and it wont cost him a thing. On the other hand, 6 or 10 points in tickets will cost him a couplahundred bucks plus increased insurance rates for several years.
|pursuing such a thing...||ochsen|
Sep 27, 2002 1:22 PM
|I really don't know where you coming from, implying that Ahisma would use this as an opportunity for a vacation getaway. While I would agree w/ you that there are far too many frivolous lawsuits (if that's what you're thinking), I do think that Ahisma is justified in taking this a little further. No one is saying he/she has to keep the money. They can use it for some of the things you stated--starting awareness groups, or even donating it to awareness groups. Or, keep it, it would be their settlement, not yours or mine.
Or, not use an attorney and have the insurance company screw them over and they'll fix their own bike w/ their own money.
I'm all for avoiding these situations in the first place and learning from my mistakes, but it's already happened. In fact, the driver is already stating their innocence. Unless you really understand insurance or the law, I think it's a good idea to involve someone who does. I think this is more than who's right or wrong, it's about not getting screwed over for someone else's mistake. I think you'd be foolish walking away just because you don't want to be perceived as someone making a personal opportunity out of this.
I don't care if I look like a greedy bastard, that's their perception. They won't listen if all you're going to do is yell across the road when they're out of line. They will take notice when you've involved an attorney. Sometimes that's what people need.
I do think awareness groups can help "get the word out" if they're large enough to be heard. They're more likely to be effective calling for legislation than one individual.
|i never implied..||Steve_0|
Sep 30, 2002 3:41 AM
|I never implied AHISMA was trying for a vacation getaway. In fact, I implied the opposite, by stating his failure to mention lawyers or lawsuits spoke of his character.
I was implying OTHER people in this world are greedy.