Advertise on Bikeforums.net



User Tag List

Results 1 to 23 of 23
  1. #1
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Standard Post Accident procedures

    Basically got into a minor accident with a minivan on the adjacent right lane that made a sudden left turn onto my lane and I crashed right onto its side. Apparently the lady did not check mirrors-- she was not going fast however before making the turn, but I was pulling up pretty close around 19-21 on the opposite lane when she made that turn so I didnt respond quick enough. Front wheel no longer run smoothly, got all scratched up and bruised but no internal injuries. Went to hospital in ambulence, took public transport home. Had police report and witnesses, waiting for the actual report to be ready. What would be the standard next step? Get a lawyer and let him deal with the rest? BTW, this was inside a large public park freeway where the lanes are supposed to be clear of cars. Occassionaly cars are allowed to go in to drive into the parking lot, but for the most part all the lanes are open to cyclists and runners,etc. It is in Prospect park brooklyn during weekday 11:40 am. Ive had a friend who gave me some helpful advice but would prefer any additional help if anybody has anything to chip in. Thanks!

  2. #2
    Senior Member
    Join Date
    May 2005
    Posts
    7,283
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    You should consult with a lawyer, even if you decide not to hire a lawyer. A lawyer can help you avoid some of the pitfalls facing you now. Be careful of what you say and to whom you say it from this point forward. Anything you say to the driver's insurance company will be used by them to apportion some or all of the fault to you. Insurance companies are in the business of collecting premiums and limiting payouts. That's how they make profits for their shareholders. And that means they do not have your best interests at heart. Once they've decided not to pay you what your claim is worth, you will be in for a legal battle. Consult with a personal injury lawyer, preferably one who specializes in bicycle accidents.

  3. #3
    Sweetened with Splenda
    Join Date
    Sep 2003
    Location
    Brooklyn, Alabama
    My Bikes
    Too many 80s roadbikes!
    Posts
    2,335
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    You're damn lucky - one of the very few who manages to get the Brooklyn PD to take an accident report for a bike / car crash. And it sounds like you're doing everything right so far. Yes, definitely talk to a good lawyer; I'd call Adam White - I've never personally met him, but he'd been specializing in bike cases for a long time.

    I also hope once this is all settled you'll tell your story to your city councilman, go to Trans Alt events, and in whatever other ways are possible help out the folks who are working so hard to get the cars out of the park. The other side is winning right now, and stories like yours can help a lot... Which might, I hope, be some consolation for the pain!
    Falling down is not exercising.

  4. #4
    Senior Member littlewaywelt's Avatar
    Join Date
    May 2007
    Posts
    1,509
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I keep a disposable camera in my ziplock first aid kit along with an index card and pencil to write down names, phone numbers and other info.

    As to your accident, defintely talk to an atty.
    One Less Car
    Conservation begins with you.

  5. #5
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    My friend said Robert Tader was supposed to be a pretty good and he deals specifically with cyclists so I will see what he says first. That proposal sounds pretty good. I rode once at the park around 6:30pm weekday (where it is not a traffic free area) and all two bike lanes were occupied with a huge number of cars going pretty fast too. I think at the very least they should push backthe auto hours to a time when there are less people in the park. When the accident happened it was supposed to be a auto free time so there werent any cars there except for those police vans and the minivan driving intothe parking lot I think.

    Thanks for the advice guys. I'll see if I can pick up the police report soon.

  6. #6
    Senior Member
    Join Date
    May 2007
    Location
    Buffalo NY
    My Bikes
    Gerry Fisher Nirvana, LeMond Buenos Aires
    Posts
    1,035
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I have posted this previously in similar threads, but I'll post it again... sorry for the repetition, but this may be helpfull.

    I was in a fender bender with a car this Spring in NY State. There are a few things I learned that suprised me (do note this will differ from state to state, but it looks from your tag that you are in NY state):

    1. If you have health insurance and used it to "pay" for your medical coverage during your accident, expect to get a call from the hospital and ambulance companeis tell you your coverage is not valid as you were in an accident with a vehicle.

    2. In NY state there is a No Fault clause that ensures that a pedestrian or cyclist that is hit by a car will get their medical and other losses coverd by the auto insurance of the car that was involved in the accident.

    Therefore you need to get in touch (either yourself or your lawyer if you feel you need one) with the Insurance Agent of the person that hit you. You need the Claim number and need to find out where to send the medical and other bills. I had the option to either get the bills and forward them, or contact the hospital billing department and have all the paperwork go directly to Hanover insurance. I wanted nothing to do with the bills. The ER Doctor billing group called me first and I have her my patient number (good thing I saved my wrist band from when I was at the ER), the insurance agent name, case number and billing address. This lady was kind enough to give me the number for the hospital billing group (seperate from the doctors) so that I could give them the same info and get the billing all straightend out. Both were helpfull. It is amazing how simple things are when you have the few bits of info they need. Both calls took less than 5 minutes and that was the last I ever heard about medical bills. I was lucky the local Hanover Insurance agent I had to deal with was very helpfull and I got my money quickly and without any problems.

    3. Take pictures of any personal scapes, bumps or other damage that is visable. Also take pictures of the damage on your bike. These can be helpfull later on.

    4. Itemize your losses. You should be sent a packet from the auto insurance company to fill out. Part of this should also contain a copy of the NY state law regarding what you have the right to collect, and what defines a serious accident. In sort, if you are not dead, and you didn't break anything, and you are not going to be out of work for any significant time, the accident is classified as not serious (trust me... I don't want to ever qualify). The major limitation is that you only get 80% of lost wages and you can't sue to anything other than real losses and costs directly related to the accident. Fair enough...

    - In part 2 I mentioned the issues with medical bills
    - Itemize all that is wrong with the bike and any personal items that were damaged during the accident. In my case the bike was T boned and the frame was damaged and my pants and coat suffered road rash. I purchased a new bike (my old one was 26 years old, but it worked fine), and got all the same accessories as my old bike (rack, fenders, etc).
    - If you missed work, fill in the appropriate parts of the paperwork and warn your employer to expect them to receive a form fro the insurance company to fill out and verfy that you lost hours at work.

    Hopefully you'll be lucky and deal with a large insurance company that just want to get the case completed. A $1000 payout + an ER visit is pretty cheap in their books. I doubt the car that hit me cost less than $2000 to repair. So I was still cheaper to "fix." I never saw the medical bills, and my hard losses were reimbursed within 3 weeks, and I got my lost wages in about 5 weeks. Not bad.

    If they give you grief... get a lawyer.

    Happy riding,
    André

  7. #7
    Senior Member
    Join Date
    Mar 2005
    Location
    Texas
    Posts
    959
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by andrelam View Post
    I was in a fender bender with a car this Spring in NY State. There are a few things I learned that suprised me (do note this will differ from state to state, but it looks from your tag that you are in NY state):

    1. If you have health insurance and used it to "pay" for your medical coverage during your accident, expect to get a call from the hospital and ambulance companeis tell you your coverage is not valid as you were in an accident with a vehicle.

    2. In NY state there is a No Fault clause that ensures that a pedestrian or cyclist that is hit by a car will get their medical and other losses coverd by the auto insurance of the car that was involved in the accident.

    <snip>
    I'm curious about this NY state no fault rule combined with health insurance denial for ped/bike v. car accidents: What happens if the car driver fled the scene or was uninsured or underinsured, or even worse from out of state and maybe with less than NY's minimum liability? Are you then tied up in legal limbo trying to get your health insurance to help you out?

    Sounds to me like NY messed this law up somehow.

  8. #8
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Well I just have one question. At the hospital they just saw a lot of external scrapes and I was dismissed quite quickly and went home afterwards. This morning I woke up with a lot of muscle soreness on the arm that brushed against the car and leg. I did get pictures of all the scrapes on the right arm and leg, but other than that I probably wont need to get checked out any more I assume.

    Rob Fader the lawyer told me to wait for the police report and get a cost estimate for the bike.

    So right now I will probably just wait until Monday for that report and see. I wonder if the case will be taken by the lawyer because it isnt as big or major as some other ones?

  9. #9
    Senior Member
    Join Date
    Mar 2007
    Location
    Reston, VA
    My Bikes
    2003 Giant OCR2
    Posts
    2,369
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by AroW View Post
    Well I just have one question. At the hospital they just saw a lot of external scrapes and I was dismissed quite quickly and went home afterwards. This morning I woke up with a lot of muscle soreness on the arm that brushed against the car and leg. I did get pictures of all the scrapes on the right arm and leg, but other than that I probably wont need to get checked out any more I assume.

    Rob Fader the lawyer told me to wait for the police report and get a cost estimate for the bike.

    So right now I will probably just wait until Monday for that report and see. I wonder if the case will be taken by the lawyer because it isnt as big or major as some other ones?
    1. If it's a minor case, I'd imagine it would take less time for him. 2. Don't say how minor it is until you see the ER bill.

    You're lucky - I had a crash last week, and it took me something like 5 hours for a couple of X-rays, a tetanus shot, and general cleaning of my road rash. Spent most of my time reading.

    Amazing how much it hurts the next day, huh?

  10. #10
    Senior Member
    Join Date
    Sep 2003
    Location
    Leeds UK
    Posts
    1,898
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Take more pictures over the course of the next week - bruises can sometimes take a long time to appear so you shouldn't act on your first assumptions of the amount of injury the collision caused

  11. #11
    Senior Member
    Join Date
    May 2007
    Location
    Buffalo NY
    My Bikes
    Gerry Fisher Nirvana, LeMond Buenos Aires
    Posts
    1,035
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by bike2math View Post
    I'm curious about this NY state no fault rule combined with health insurance denial for ped/bike v. car accidents: What happens if the car driver fled the scene or was uninsured or underinsured, or even worse from out of state and maybe with less than NY's minimum liability? Are you then tied up in legal limbo trying to get your health insurance to help you out?

    Sounds to me like NY messed this law up somehow.
    Don't know the answer to that question... I did consider that as well. I guess that is when the Lawyers start to make money off you. It is possible that your own car insurance may pickup the tab, but what if you don't own a car? I hope I never need to worry about that kind of a problem.

    André

  12. #12
    Senior Member hotbike's Avatar
    Join Date
    Dec 2006
    Location
    Long Island, New York
    My Bikes
    a lowrider BMX, a mountain bike, a faired recumbent, and a loaded touring bike
    Posts
    2,557
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    IMPORTANT:

    In any accident with a motor vehicle, you must get the driver's insurance information.

    I always carry a copy of my insurance card in my wallet, so I can exchange insurance information with the driver if I'm involved in a crash.

  13. #13
    i like mud discosaurus's Avatar
    Join Date
    Apr 2005
    Location
    Mighty City by the Mighty Mississippi
    My Bikes
    Trek 7.2 FX WSD, beaters
    Posts
    392
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    When you itemize your billing, make sure it is for replacement costs of your bike and equipment, not the original purchase price of the damaged gear. The insurance company will pay replacement costs, providing that the replacements are reasonable. (Obviously, you can't replace an old walmart bike with a brand new, high end road bike.) Take everything into the bike shop, where they can write up an estimate for comparable bike and parts. That should be all the documentation the insurance company needs.

  14. #14
    Dominatrikes sbhikes's Avatar
    Join Date
    Oct 2004
    Location
    Still in Santa Barbara
    My Bikes
    Catrike Pocket, Lightning Thunderbold recumbent, Trek 3000 MTB.
    Posts
    4,920
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Well, if you were in a motor vehicle when you had the accident, your own insurance company would handle your side of the event. You would not need to hire lawyers. At the least you can try to file a claim with the other party's insurance company, if you have that information.
    ~Diane
    Recumbents: Lightning Thunderbolt, '06 Catrike Pocket. Upright: Trek Mountain Bike.
    8.5 mile commute. I like bike lanes.

  15. #15
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Just picked up the police report today, but it was missing the other party's insurance info. I am waiting a call back from the officer who took down the info and wrote it. Also, the total cost of repair coems out to ~$130. I'm going to call the cycle lawyer and see what he says tomorrow. Its too bad though because I am missing one of the most important info I need.. Just one last quick question-- my insurance(university insurance, school required) needs me to pay 250 deductible before I can even get a followup from my clinic---should I wait for the other party's insurance first and charge it to them? They need at least a 100 cash deposit before they will let me see the doctor and I waited all day in there. My school is based in Baltimore, MD while my hometown is clinic is NY, perhaps contributing to the deductible cost. What should I do right now?

  16. #16
    Senior Member
    Join Date
    Mar 2005
    Location
    Texas
    Posts
    959
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by AroW View Post
    Just picked up the police report today, but it was missing the other party's insurance info. I am waiting a call back from the officer who took down the info and wrote it. Also, the total cost of repair coems out to ~$130. I'm going to call the cycle lawyer and see what he says tomorrow. Its too bad though because I am missing one of the most important info I need.. Just one last quick question-- my insurance(university insurance, school required) needs me to pay 250 deductible before I can even get a followup from my clinic---should I wait for the other party's insurance first and charge it to them? They need at least a 100 cash deposit before they will let me see the doctor and I waited all day in there. My school is based in Baltimore, MD while my hometown is clinic is NY, perhaps contributing to the deductible cost. What should I do right now?
    You need medical care now, I say pay it but keep all the recipts and any other documenation they give you, make copies for good measure, and it probably wouldn't hurt to make a journal entry of what the doctor and reciptionist tell you. Of course I'm no laywer and YMMV.

  17. #17
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I spent the entire day yesterday and this morning following up everything and the police is no help. I still dont have the drivers insurance info---my officer finally told me that she did not carry her card but he gave me her bin # . I searched online, 411, for her telephone number with no luck. I dont know if I should go get my followup tomorrow or not, or if it is too late. I guess I will have to pay hundreds out of pockets for now to get a followup and to scan my ankle bone because it feels bruised when I touch it. I am getting nowhere. The driver is out of state so nobody could help me do a search. I have nothing but the address , plate #, and license of the person that hit me and the police report. Nobody at the precinct knew what to do. They told me to wait, wait, wait.
    Damn.

    What should I do?

  18. #18
    You need a new bike supcom's Avatar
    Join Date
    Aug 2002
    Posts
    5,434
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by AroW View Post
    I spent the entire day yesterday and this morning following up everything and the police is no help. I still dont have the drivers insurance info---my officer finally told me that she did not carry her card but he gave me her bin # . I searched online, 411, for her telephone number with no luck. I dont know if I should go get my followup tomorrow or not, or if it is too late. I guess I will have to pay hundreds out of pockets for now to get a followup and to scan my ankle bone because it feels bruised when I touch it. I am getting nowhere. The driver is out of state so nobody could help me do a search. I have nothing but the address , plate #, and license of the person that hit me and the police report. Nobody at the precinct knew what to do. They told me to wait, wait, wait.
    Damn.

    What should I do?
    publicdata.com?

  19. #19
    Senior Member
    Join Date
    Mar 2005
    Location
    Texas
    Posts
    959
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by AroW View Post
    I spent the entire day yesterday and this morning following up everything and the police is no help. I still dont have the drivers insurance info---my officer finally told me that she did not carry her card but he gave me her bin # . I searched online, 411, for her telephone number with no luck. I dont know if I should go get my followup tomorrow or not, or if it is too late. I guess I will have to pay hundreds out of pockets for now to get a followup and to scan my ankle bone because it feels bruised when I touch it. I am getting nowhere. The driver is out of state so nobody could help me do a search. I have nothing but the address , plate #, and license of the person that hit me and the police report. Nobody at the precinct knew what to do. They told me to wait, wait, wait.
    Damn.

    What should I do?
    My opinion is that you need to get a Lawyer on this now. They will help you decide what medical care to go for and how to protect yourself financially; also I would expect them to know more about tracking down an out of state driver and getting what you are owed from them and their insurance. Heal up man.

  20. #20
    Senior Member hotbike's Avatar
    Join Date
    Dec 2006
    Location
    Long Island, New York
    My Bikes
    a lowrider BMX, a mountain bike, a faired recumbent, and a loaded touring bike
    Posts
    2,557
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by hotbike View Post
    IMPORTANT:

    In any accident with a motor vehicle, you must get the driver's insurance information.

    I always carry a copy of my insurance card in my wallet, so I can exchange insurance information with the driver if I'm involved in a crash.
    Unless you are knocked unconcious in the collision, the first thing you should do is get the motorists insurance policy number.

  21. #21
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Hey,

    The insurance info of the other party should arrive from the out of state DMV next week. If I were to handle this myself, what type of claims should I file and where do I turn to? The least I would like is to at least get compensated for the medical bills and bike repair. I would get the lawyer if he will take the case, but he is asking me to wait for the insurance info to arrive first. I will also be living in another state for university so is it advisable I do this myself once I get all the info? Any advice appreciated. Thanks again for all the wonderful advice!

  22. #22
    rwp
    rwp is offline
    Senior Member
    Join Date
    Jul 2007
    Location
    Reno, NV
    Posts
    400
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Once you get the information, call the other driver's indurance company. Ask to make a claim. Make sure that you have all the info you need in front of you (police report, witnesses names & numbers, medical bills, repair estimates, etc.). They will ask that you describe what happened. Answer briefly. Don't add a bunch of unrelated facts or speculation. Just state where and when the acident took place, where you and the other driver where positioned and what the other driver did to run into you. Let them know if their insured was cited by the police. That's it. Before you hang up, make sure you get a claim number. Write it down and don't lose it. they'll ask that you send copies of your bills. Keep the originals. If your claim is not very large it will probably be settled quicky, no lawyer required. If you don't hear from them for a few weeks, call back and keep calling to check the status of the claim. If they don't settle within a couple of months, then get a lawyer.

  23. #23
    Senior Member
    Join Date
    Jul 2005
    Location
    NY/MD
    Posts
    151
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by rwp View Post
    Once you get the information, call the other driver's indurance company. Ask to make a claim. Make sure that you have all the info you need in front of you (police report, witnesses names & numbers, medical bills, repair estimates, etc.). They will ask that you describe what happened. Answer briefly. Don't add a bunch of unrelated facts or speculation. Just state where and when the acident took place, where you and the other driver where positioned and what the other driver did to run into you. Let them know if their insured was cited by the police. That's it. Before you hang up, make sure you get a claim number. Write it down and don't lose it. they'll ask that you send copies of your bills. Keep the originals. If your claim is not very large it will probably be settled quicky, no lawyer required. If you don't hear from them for a few weeks, call back and keep calling to check the status of the claim. If they don't settle within a couple of months, then get a lawyer.

    Simple and to the point, thanks!!

Posting Permissions

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