geeyoupee

so i was biking on the street today in the bike lane and then out of no where a lady turns into one of the stores and i run into her side mirror and car. i think this is her fault because she did not signal. im not sure who has right of way in this case.

all that really happened to me was i got scratches on my left leg and left arm. my knee and wrist hurts but i think it should be fine, ill have to see if it still hurts in a few days.

my bike has deep scratches on top of the shifters and part of the seat's leather ripped. these parts are still in working condition but it could have fractured some of the parts in the shifter and it could break later on. is she reponsible to replace them with new ones?

oh yeah my cousin said that he saw her reading a newspaper before she hit me
she said that she was sorry and she didnt see me.
duh if your reading a newspaper.

what should i do

DX-MAN

why didn't you call the police right then and there? She is responsible for making sure things are CLEAR before turning, and she didn't -- OF COURSE it's her fault!

She caused an accident, and is responsible for repair costs to your bike, as well as any medical treatment.

rwp

You need to get her insurance information. Tally up the damages to your property. Take pictures of all the damage. Get statements from all witnesses. Report the accident to the police. Make very sure that you are all right; if there's any doubt, get a docter to check you out. Phone her insurance company to make a claim. They will take your statement and give you a claim number. Make sure you have all the information handy before you call. If it were me, I'd ask for half the value of a new seat and shifters if my old ones were scratched but still functional but you ask for whatever you think is fair.

With luck you should have money to get your bike back into shape in a few weeks.

You didn't mention if the woman was facing you, then turned left into the store driveway or if she was driving in the same direction, passed you, then turned right.

geeyoupee

me and the lady were going the same way. she just turned suddenly and i tried to turn right to dodge her but i wasnt quick enough.

at the time i didnt think it was necessary to call the cops because my injuries weren't too severe. i just got her contact number and license plate. im thinking about calling her tomorrow and asking if she wants to settle without dealing with police or insurance.

I heard that it would be hard to get money from her insurance because i only got scratches to my shifters and seat and they arent broken. And for my knee and wrist, nothing broke.

The lady that hit me is a registered nurse and she told me that I could go to the doctors and she would help pay for co payments. For the bike, she said to go get a estimate about how much it would cost to repair the bike but there is nothing broken so if anything it would just need a tune up. I doubt the the LBS would say that those things needed to be replaced because it was scratched. She told me if it would cost less than 75-100 dollars that she would do it, but if it was anymore than she would want a second opinion from another bike shop.

Thats why i was thinking of doing it without the insurance because it would probably be hard to get any money from them because of scratches but it would also be hard to get anything from her. So i was thinking that if i just told her i would report it, she would want to settle without insurance because it would give her a point on her record and make her premiums higher.

From my brothers experience, he crashed his bike and there was a slight scratch on the left STI shifter and it was fine but a few months later it broke. Thats why im afraid that it would break down later on.

Hopefully there is nothing wrong with me knee, it doesnt really hurt unless im walking up and down the stairs.

if i was to ask her for cash, what do you think is a resonable offer?

Chris516

Sue her in small claims court.

JonathanGennick 

You should ask for what you feel is fair. You say the shifters were badly scratched and that the seat was ripped. All that scratching and ripping is damage, and it's reasonable to ask for compensation.

The lady who hit you would probably prefer that the accident go unreported. The cost of shifters is trivial compared to the fallout to her driving record and insurance rates should you report the accident and she be found at fault.

And if you do contact her insurance company, they will be thinking that a set of shifters is a bargain compared to even one hour of an attorney's time.

No need to gouge the lady, but do ask for what you feel is fair.

bluegoatwoods

I'm sorry to say that you are in a weak position since you didn't file a police report.

There've been 3 times in my life now when someone did something stupid and caused damage to my vehicle (cars twice, motorcycle once) and then said, "let's keep insurance out of this. I'll pay for your damages myself." All three were polite and acted trustworthy. Only one of them actually paid.
The others, once they were off the hook, just gave me the runaround until I got tired of chasing them.

I"ve learned my lesson; if there's any contact at all I'm bringing in the police and filing a report.

meanwhile

If she was reading a newspaper, that's a dangerous driving charge, surely. If she has any sense at all she won't want to go to court. Otoh, say "Give me $1000 or you'll be charged with dangerous driving!" is blackmail...

srmatte

This is why we are called a litigious society. Rather than working it out with her or her insurance, you jump straight to law suit. I wouldn't want you as a neighbor in case you slipped and fell in my yard.

geo8rge

You need to talk to a lawyer but fault is probably not an issue in a relatively minor accident.

Dchiefransom

Are you an adult? Here in California, we can file a report on an accident without injuries to the local police department ourselves. Anything with an injury is a required report to the DMV. Go to the police where it happened and file a report.
If you crash your bike and hit the shifter, and it works fine for a few months, then breaks, that's probably not from the accident.
Have the LBS examine your bike, and check the frame for straightness, also the derailer hanger. If you went down on the right side, you definitley need the derailer stops checked. Get a price for a complete tune-up. For any wheel truing, get the price for the better truing, not just side to side but roundness also. You can call another shop and get an estimate over the phone from them for the same work, or get an estimate in person where they are looking at the bike.
You mentioned that your wrist and knee hurt. These are two MAJOR joints that you use. If they are still bothering you, get to the doctor. No matter how the driver handles the damages to your bike, she was correct in recommending you go see your doctor.
You said you got her contact number and license plate? I'll bet your state laws mandate that she should give you her drivers license number. Always get the plate and drivers license number first along with make and model of car, as well as insurance info.

dougmc

I've been in a number of accidents. Sometimes the police were called, sometimes not. I've never regretted calling the police. I have regretted not calling the police a few times, however -- people's stories changed overnight, they gave me totally fake contact information, they deny that the entire incident ever happened, etc.

Now, as a matter of policy, I usually call the police. On the off chance I decide not to, I check ID. I generally have a camera with me, and I take lots of pictures of everything and everybody, including witnesses. I may not get contact information for witnesses unless the accident was serious, but I'll have pictures of them, in their cars, with plates, etc. so they can be found later if needed.

I hate to say it, but if you're not at fault (and not afraid of the police for some other reason -- being drunk, having drugs, weapons, etc.) -- call the police.
Once they establish that she was at fault, they'll generally pay to make your bike right. Scratched? OK. Can the scratch be fixed? They'll pay for that. If not, they'll pay for the entire part and installation of it. And they don't really know bikes, so they'll probably not question it very much.

And you don't have to get it fixed. You can keep the money.

As for any personal injury, that's what they're really afraid of. Your bike may be several hundred dollars, but even minor injuries can be many thousands of dollars. You're better off seeing a doctor right away, just to make sure all is well.

Filing a police report won't prevent you from working it out with her, if you two so decide.

If she's nice about it, I'd be nice about it too. But the moment she starts to screw you over, you call her insurance, etc.
Doctor. Knees are fragile, and a minor injury now can cause you much pain later.

I'd suggest not doing that. If somebody want to offer you a bunch of cash to not call the police, fine, but make sure it's more than enough to cover everything. And make sure it's real, and count it.

SingingSabre 

+1 to everything dougmc said.

Wanderer

If anything is scratched, cut, gouged, scraped, etc, you are entitled to have it restored to the condition it was in before the crash. PERIOD! If that means it gets replaced with unscratched new stuff, so be it. Not half of the value - all of the value. Ask the LBS for an estimate to make it like new again.....

Then comes damage to yourself........

Digital_Cowboy

Minus depreciation for normal wear and tear. If any of the parts are more then a couple a couple of days old you're not entitled to brand new replacements, rather what the deprecated value is.

geeyoupee

hey everybody thanks for all the info, next time ill definitely call the cops.
so i called her and told her that i wanted money for the new parts and if she didnt pay i would call the insurance. at first she wanted to pay the bike shop so that i would get it fixed but i told her that i wanted the cash.

she insisted that she pays the shop and i can get the repairs done. so i was like hey if you want another point on your record i can just call the insurance and they will pay me more than what i am asking you. i am trying to help you out in this case.

so she finally decides to pay me the price of new sti 105 shifters.

i did sign a paper saying that i wouldnt sue her. i just have to worry about my knee but i think that its fine. just sore in the back a bit but nothing too crazy. hopefully this wont come to bite me in the butt later.

thanks for all your guys help.

damnable

I don't see anything wrong with her paying the bike shop. If she gives you the cash then she has no proof that any transaction has been done with you. Any insurance claim would require a bike shop (expert) looking over the damage and giving quotes first.

Blackmail. Basically, give me money or I report you.

Fraud. Your shifters are still in working condition. You do not deserve the price of new ones. From the sounds of it, you lied when you told her the insurance were likely to give you a greater amount of money than you were asking for, especially if you are only talking about damage to your bike.

You should be more worried about the health of your body right now, not the health of your bike.

Did you follow any advice given here at all?

SingingSabre 

How old are you?

geeyoupee

i am 22. ok maybe i didnt do such smart moves.
i dont really see it as blackmail because someone said that insurance would pay me to replace the parts and i dont have to even replace it and keep the cash. on top of that i could have gotten turing and tune up money.
from what my friend told me who use to work for farmers, insurance companies will basically pay for whatever damges there is on my bike since it is worth at most 1500. he said that a 6mph bump into the rear end of a new car with backup sensors would cost already 2000.
today when i called her, i didnt even want to ask her for money after the talk with my friend. when i called her in the morning, i was asking for her insurance policy so i could make a claim. but she insisted that she did not want to go that route. i would have happily went through insurance.

as for my health, at the moment its feels sore so i didnt think too of it. my friend said that getting any money from the insurance for bodily injuries is really though. they dont hand it out like property damage. you have to sue them and i didnt want to go through all of that. i have health insurance.

the only reason i decided to let her pay me cash was she didnt want to involve the insurance and kept asking me to take another route.

if this was to ever happen agian i think i would rather call the cops and go through insurance right away because other people on this forum have been shafted.

anyways thanks for you guys help and sorry if i insulted anyone by doing what i did. i am young and learning. i admit i made some mistakes

SingingSabre 

Dude, insurance companies will pay for chiropractic care and anything prescribed by a doctor.

A police report expedites insurance claims, if not makes them even possible.

You might be too late. Oh well.

The lesson you should learn: car hits you, you call police.

Skones MickLoud

For starters, never admit responsibility.

geeyoupee

yeah i learned my lesson. i dont really believe in chiropractic care either. went to one for a few months and nothing came out of it except relief for a day from the massage.

live and learn

SingingSabre 

WOAH!

Dude, chiropractic care can make or break your recovery. Same with massage and, if needed, physical therapy.

apacherider

Not exactly true. You need to be "made whole again", meaning in bike accidents that you get all new parts. I have been in a couple accidents with cars and worked with their insurance companies for settlement. A whole new bike is what they give you. Bike shops know how to work with insurance adjusters. Let them squabble.