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Hit by a car(23 posts)

Hit by a carFender
Oct 22, 2002 8:22 AM
I’ve been in S. Francisco for three months and I just became a statistic. On Sunday after saying good bye to my riding partner at the Golden Gate bridge parking lot I made a left and headed down towards the Marina. Riders from S.F. will know the area fairly well. Upon reaching the short descent with the curve a car that was parked on the right side made a u-turn towards the left as I was passing it. Now, there was more than enough room in the lane for two cars to pass, but apparently the drive did not see me. I was just hit hard enough to be sent up in the air and sliding through the asphalt. Considering the way it happened, I am okay, just road rash and several bruises. My bike is also doing okay, just need a new rear-wheel, water bottle cages, seat, handlebar and shifters.
Now, I;m just concerned that since I’m riding an aluminum frame, it might not have any apparent damage, and the shop I took it to said it’s okay., but it’s aluminum and could brake at any time. What would you guys do? Have it replaced? If so, would you have the driver pay for it?
BTW, the driver is willing to pay any damages for my bike and medical.
Please advise.
re: Hit by a carfiltersweep
Oct 22, 2002 8:40 AM
It sounds like you need a bunch of parts.... might as well try for a new frame- especially since it involves someone else's money. Is it scratched up at all? Realistically, your wheel probably bore the brunt of the impact and it is probably fine, but you will be haunted by the lingering thoughts that it may be toast.

Sounds like you couldn't have been hit by a nicer guy.
Insurance companies dont like to buy partsColnagoFE
Oct 22, 2002 10:04 AM
Most would rather just buy you an entire new bike and take the damaged bike.
Insurance adjustors know cars. They don't know squat aboutbill
Oct 22, 2002 9:32 AM
bikes, and they won't question a reasonable claim if you do it right. Get your LBS to say (in writing) that the bike took an impact that the frame was not designed to handle, that aluminum frames can and do fail catastrophically, and that they cannot vouchsafe the safety of the frame (oh, and that it cannot be fixed). All of which is true. Insurance will pay for it.
I wouldn't recommend bothering with the driver. Go right for the insurance company (although the insurance company may get creative on you, it's still a better bet -- you know that, if the insurance company agrees to pay, they'll pay). I guess if you get the guy to pay, I would make damn sure that the check cleared before I let him out of my sight.
Agree w/ Bill & ColnagoRickC5
Oct 22, 2002 10:14 AM
Bill has the primo advice. Go for a new bike. Have your LBS provide a letter for the ins. co. according to Bill's guidelines. Be sure to let the LBS know what's up & that you'll get your new bike from them. I'm sure they will assist you. Good luck!
disagreeSteve_0
Oct 22, 2002 10:55 AM
all this advice on insurance seems moot as the orignal poster already stated the driver will be paying expenses.

As for me? I wouldnt replace it if without quantifiable damage.

I wonder how many people who crash alum. frames due to their own negligence replace them for fear of unseen damage. Close to none, id imagine. No need to milk the ins. companies for money I wouldnt have spent myself, IMO.
yes but...UncleMoe
Oct 22, 2002 11:25 AM
as you said, the insurance company isn't paying, the driver is. I'd go for a new bike too if for nothing else other than piece of mind. There is no need for him to ride with that thought (of a weakened frame) in the back of his mind due to someone else's negligence.

If the driver is offering, take it. Easier than the insurance company. At the very least, get a new wheel and a new frame plus fees to transfer parts.
the key phrase here is "due to your own negligence"ColnagoFE
Oct 22, 2002 11:58 AM
sure i might ride a frame i crashed, but if it's someone else's fault and there is a shred of doubt that damage was caused i'd get a replacement. at the very least a new fork and bars.
Second.Andy M-S
Oct 22, 2002 12:11 PM
I've been hit twice. Most recently, I was broadsided by a truck coming out of a driveway. I had right of way, and the driver was ticketed.

Fortunately, only bruises (and lots of trips to the Dr. to get everything checked) and a smashed helmet. The bike had a little rash, and the shop said they couldn't SEE any cracks...but I insisted that the insurance company replace the bike. No way am I going to ride a 20 pound bike that's had an argument with a 5 ton truck. The company finally gave in and we agreed on a maximum amount for replacement parts.
that was my point...Steve_0
Oct 23, 2002 3:10 AM
a lot of people will fear the 'unseen' damage on an alum. bike, but will totally ignore the same 'unseen' damage when its their OWN dollars at stake.

little hypocritical, imo, thats all.
I hate to say this, but..........RickC5
Oct 23, 2002 5:39 AM
isn't this "human nature" to some degree? If I were to lightly smote a wall with my car, doing little more than paint damage, would I run out and get it fixed? Unlikely. I'd just drive it, and maybe use a bit of touch-up paint. OTOH, If someone ELSE hit me and did the same damage, I would be likely to want them or their insurance to fix the damage and make it like new. Am I any different from most people?
no, i dont think you are.Steve_0
Oct 23, 2002 6:53 AM
I agree its (to some degree) human nature. Thats the pity in it all.

Why do we have double this double standard? Partially greed, partially vindication, i believe.

Interesting little story. Coupla months ago, one neighbor (who is in the process of rebuilding a jeep) struck another neighbors car parked near the corner. I actually witnessed the accident and it was entirely the jeep's fault (considering the car was parked).

The other car belongs to an 18-year old; just got the car about one month ago (not brand new, but new enough, to an 18 year old, im sure). Put a dent about 2X1 foot dent in the rear quarterpanel. Coupla nice scratches too.

The kids mom comes out, screaming at the guy, demanding insurance cards,etc (her right entrirely, i understand). Then the kid comes out, and he decides the damage is all superficial, and allows the jeep-owner to attempt to repair it.

The guy spent the entire day fixing that dent, and did a damned good job. There's an ever-so-slight blemish which you'd never detect if you didnt know of the underlying damage.

The kid settled for a case of beer for the 'damage'.

What could have cost the insurance company over 500 bucks, and the jeep owner thousands in increased premiums, cost only a little friendliness, a day's sweat, and a case of beer.

Money, insurance companies, lawyers, etc, is not always the 'best' solution, even if is IS your legal 'right'.
not the sameColnagoFE
Oct 23, 2002 8:24 AM
I mean if it's not my fault that I crash--that a car hit me--why should I have to put up with a possibly damaged and scratched bike? If it's through my own fault then I'll make the call. At the least when I crash hard and bend AL bars I'll replace 'em. Avoiding the consequences of broken bars are worth the cost of replacing em. So you are saying that if you got into a car accident with another car you'd just tell the guy not to worry about it? That's it's only cosmetic?
youre missing my point entirely.Steve_0
Oct 23, 2002 8:52 AM
im only saying that we're too senstive to damage caused by others. I'm not denying you have a legal right to compensation should someone scratch your precious possessions. I AM sayting i find it hypocritical to find damage intolerable when caused by someone else, but tolerable if your OWN money is at stake.

I think the key here is the POSSIBLY damaged bike. The LBS already gave it a clean bill of health. We already admitted we'd continue riding it if WE were at fault, then requesting a new bike is being greedy, imo.
Exactly!RickC5
Oct 23, 2002 5:32 AM
That's the reason we bothe suggested he go for the new bike. As far as the driver goes, if he/she doesn't ask for a signed release once the "damages" have been paid, he/she would be making a potential mistake. BTW- If I were the driver, I would also offer to pay damages rather than take this through my insurance company.
re: Hit by a carfbg111
Oct 22, 2002 4:01 PM
If the driver were a jerk like so many people post about here every so often, I'd go after him. But this driver seems to have a bit of integrity and decency, so I'd go after the insurance company first. If insurance doesn't come through, then take it up with the driver.
The driver isn't being nice...Ahimsa
Oct 22, 2002 5:17 PM
...they are trying to keep their rates down (which BTW are probably already astronomical if they pull stunts like that sh!t often).

Did you get an insurance company name from them? A witness to the accident that will tell the truth? A cop on the scene that cited the driver?

I hope this is an honest person that just wants to cut a check to avoid hassle, otherwise you might be in trouble.

I'd call their insurance company ASAP.

You are probably doing them a favor, not the other way around. They are under little to no obligation to pay you without a witness, police report, citation, or claim made to their insurance company.

Cheaper to buy you a new bike today then pay higher rates for the next decade.

A truly nice driver who was at fault would call their insurance company for you, assure you that all would be taken care of, admit fault and tell the insurance company to just pay it, get/give all the necessary info to/from you, and apologize profusely for nearly taking your life by being careless.

But that never happens in our "only guilty if you get caught and they can prove it" world.

Cheers!

A.
lets be fair....Steve_0
Oct 23, 2002 3:14 AM
firstly, i completely agree the driver is trying to keep his rates down....but that doesnt mean he's not a nice guy...accepting responsibility is his moral obligation. He DID assure it would be taken care of, and we dont know that he didnt apologize profusely.

remember, by not submitting a claim, he's keeping ALL of our rates down. insurance claims affect all of our rates. Claiming every little incident, even those we can afford to take care of ourselves, is the reason rates are so high.
Oh come on now!ColnagoFE
Oct 23, 2002 8:33 AM
Raising all our rates? This kind of stuff is why we have insurance. How many claims do you have in a lifetime anyway? Most of us don't have many. Insurance companies are not going out of business. They are still making good money. Are you saying we should always attempt to settle things out of out own pockets without involving insurance?
why do you think rates are so high?Steve_0
Oct 23, 2002 8:45 AM
surely, this one incident wont raise our rates, but the collective total of everyone in the nation doing this does.

This is not the foundation for insurance; the foundation of insurance was to provide protection against unaffordable losses under unfortunate circumstances. NOT to milk the system everytime we get a scratch on our cars, or 'think' there's some mysterious hidden damage on our overpriced bikes.
re: Hit by a carJustDoIt
Oct 22, 2002 10:43 PM
Hey Tocayo are u ok man? I think so for your post as to phisical condition refers, sorry about the bike any ways man take care.

J.
Police report.Spoke Wrench
Oct 23, 2002 6:07 AM
I think that if you have any kind of an accident where more damage is done than you are willing to pay for yourself, you need to get a police report because that's the accepted way to document the facts.

What are you going to do if the guy decides you are asking for too much money or if he doesn't have that much money, or if he just doesn't want to pay you? Suppose he decides to say: "It didn't happen that way." What are you going to do? Lacking a police report you are in a pretty weak position to pursue either an insurance settlement or a civil court claim.

It's nice to be a nice guy and say: "Lets just settle this between ourselves and you'll save on your insurance." If you do that you, the injured party, are giving up some of your legal protections in order to be nice to the person who injured you. That's OK to do if you are willing to take a chance on them not paying, but I wouldn't do it with the amount of damage you are talking about.
verymuch agree.Steve_0
Oct 23, 2002 6:58 AM
though i've been espousing the option of NOT contacting Insurance co's, I certainly advocate getting a police report to solidify your legal options.

Also, check local regulations, In NJ for example, you MUST report to police any accident which results in damage exceeding (i think) 200 bucks.