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Old 09-21-04, 08:57 AM   #1
seanisthegood
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Hit by a car for the first time

A couple of days ago I was hit by a car whillest riding my bike. I was going straight, they were making a turn. I'm pretty sure I had the right of way...but my memory is groggy...I went flying. Luckily I was not injured aside from a few scratches and scrapes. Unfortuneatly my bike was damaged. The couple refused to provide me with their insurance information, but accepted my address and phone number. Their insurance company contacted me. I'm sure some of you have been in this situation before. Should I see a doctor just to make sure I'm definetely okay? Can I score a new bike? How do I prove my case (their word against mine...there were witnesses but they left the scene).

Sad not to be riding,

Sean
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Old 09-21-04, 09:00 AM   #2
bpohl
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Gosh, you really should have called the police. I'm not sure that it's too late. If they were at fault, you could definitely have them pay for a new bike, as well as any injuries. Did you go to the hospital? You probably should just to make sure that you're okay. If your memory is groggy, then something may definitely be wrong. Please, go get checked out and call the police.
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Old 09-21-04, 09:42 AM   #3
seanisthegood
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When i say my memory is groggy I am more reffering to the fact that everything happened so fast that I really don't remember the details. As to the police, I did not call them while the couple who hit me was there, but I went to the police station afterword. They just gave me a form to fill out and mail to the state.
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Old 09-21-04, 10:13 AM   #4
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Quote:
Originally Posted by seanisthegood
A couple of days ago I was hit by a car whillest riding my bike. I was going straight, they were making a turn. I'm pretty sure I had the right of way...but my memory is groggy...I went flying. Luckily I was not injured aside from a few scratches and scrapes. Unfortuneatly my bike was damaged. The couple refused to provide me with their insurance information, but accepted my address and phone number. Their insurance company contacted me. I'm sure some of you have been in this situation before. Should I see a doctor just to make sure I'm definetely okay? Can I score a new bike? How do I prove my case (their word against mine...there were witnesses but they left the scene).
Sean
Without knowing the circumstances, I can't advise you on the issue of whether the driver's insurance company is obliged to pay you. A lot depends on what you did leading up to the crash, and what the driver did, as well as what state you're in.

As I mentioned in another thread yesterday, I wrote a comprehensive article about what you should do if you crash. You can read it on the Massachusetts Bicycle Coaltion's website, at
HTML Code:
<a href="http://www.massbike.org/howto/crash.htm">http://www.massbike.org/howto/crash.htm</a>
Good luck!

Tom Revay
Dedham, Massachusetts
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Old 09-21-04, 10:14 AM   #5
noisebeam
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Quote:
Originally Posted by seanisthegood
When i say my memory is groggy I am more reffering to the fact that everything happened so fast that I really don't remember the details. As to the police, I did not call them while the couple who hit me was there, but I went to the police station afterword. They just gave me a form to fill out and mail to the state.
The scene of the incident should provide you details as to rights of way, etc.

If you were going straight and did not have a stop sign or a red light, then there are very few circumstances where you would not have the right of way. Did they right or left turn in front of you?

Al
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Old 09-21-04, 12:24 PM   #6
close_call
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I've been hit before and unless it was entirely their fault , you can't really do much.Unless it can be proved 100% that it wasn't your fault,the blame is usually directed towards the biker.
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Old 09-21-04, 01:31 PM   #7
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In California and many other states, any incident involving injury, death, or more than $750 property damage must be reported to the Department of Motor Vehicles. Furthermore, parties involved in collisions are absolutely required to exchange insurance and identification data.

My preferred punchlist would include seeking medical treatment or checkup, keeping a well-documented log of all repair and medical costs, and filing a detailed report with the DMV. If you have problems obtaining equitable payment, and you are confident that the other party was in the wrong, consider small-claims court.
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