I was doored riding home from work last night in Manhattan.
I was doored riding home from work last night in Manhattan.
Last edited by DarrinNYC; 07-10-14 at 05:41 AM.
Any check from motorist or insurance company serves as a release if you sign it. Dont sign anything or accept partial cash payment. Wait for full amount. NYC is full of attornys. Should be several cycling lawyers in town if you need to go that route to speed things up.
I would go see a NYC accident lawyer and there are attorneys who specialize in bike accidents. Make sure to memorialize everything that occurred on paper, get the med reports asap and do not post anymore here on Bike forum. You could PM somebody, but do not post publicly. Anything you write here can be used against you.
Sounds like doored you and he needs to pay up for a bunch of things due to his negligence. Best.
BTW - I got busted up pretty good by a jerk in Central Park and when it came time to pay - he left the city permanently to become a Rabbi in some podunk part of the United States.
Just a reminder if you plan on taking any legal action, you might want to read the sticky thread on posting information about an accident online.
He snickered? Looks like you need to notify your homeowners and/or automobile insurance company. Then, either through them or on your own, find an attorney to go after the guy. For your medical bills and that expensive a bike it would be worth it.
What you don't want to do is make even one more post on this subject or incident until the matter has been completely resolved to everyone's satisfaction.
Your auto insurance company may cover some of your med bills if you have medical payments coverage on your policy. Every state law is somewhat different. I have no idea if New York is a no fault state and that will have some effect on what you can do. Your home insurance or renters insurance may cover damage to the bike subject to deductible because the bike is not a self propelled motor vehicle (which would be excluded). The operative insured peril would be damage caused by a motor vehicle. both auto and home (or renters policy) would be involved.
I retired from the auto insurance business last August after 38 years. Call your agent or company and submit a loss report.
IMO if this is going to be a straightforward claim (no claim for long term injury, or pain and suffering) total up the damage and related expenses such as medical exams and decide what you feel entitled to. Then present your claim to the insurance company and see what they offer. It might take them some time to verify and estimate the damage to the bike (repair vs. replace) and you should give them a reasonable chance to settle with you.
If they offer you a fair and reasonable settlement in line with what you feel you're entitled to, settling directly is the wisest choice. If not, than you'll need to consult an attorney to try to get what you want. The thing to consider is how much the attorney will take off the top, which averages about a third off the top, so unless the attorney can get 50% more than what you can, you actually end up with less.
BTW- if you own a car and have insurance your insurance carrier will handle this claim for you, and work with the drivers insurance to get you paid. (small print in NYS auto policies).
There are all too many cases of attorneys getting folks the same or slightly more than what they would have gotten, so they end up with less, so take the time to see where you stand before consulting an atty. The bright side is that NYS law is clearly on your side and the driver is 100% responsible for the consequences of opening his door into you.
An ounce of diagnosis is worth a pound of cure.
“Never argue with an idiot. He will only bring you down to his level and beat you with experience.”, George Carlin
“One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN
WARNING, I'm from New York. Thin skinned people should maintain safe distance.
Transporation Alternatives website contains a page "Cycling Lawyers" some of whom are active in the clubs here, so check that out if you need to go that route.
when I got doored years ago... the guy asked me why I was not riding on the sidewalk.. never asked if I was ok, never said sorry.. I lawyer's up right away because of his ****ty attitude. For me I watched the guy get in his car.. then reopen it.. who expects that ? His motor was running too.
Good luck to ya.. lots of good advice.
It's unfortunate but this case is too little for lawyers and too much for Small Claims Court. If the lawyers don't want to touch it, then go to small claims. The forms are online but max claim is $5,000.00. By the way, you'll win easily.
Here's a website that is NYC specific: | NYC Car Crash Resources
A couple of important items.
There's a 30 day window from the accident to file your claim with the motorist's insurance company. That clock is ticking.
You will need the NYPD accident report. This isn't as easy as it sounds. Hopefully, the cop filed the report and entered it into the system in a timely maner. The clock is still ticking, whether he did or did not.
It's at the local precinct. You will need $10 in check/money order to get a copy. They don't trust the cops with cash. Personal checks are OK. You will probably need a lawyer because NYC's MV-104 does not list the insurance company in plain text.
Here's the relevant section of the VTL:
§ 1214. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
There's a more specific NYCDOT Rule:
§ 4-12 (c) Getting out of vehicle. No person shall get out of any vehicle from the side facing on the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.
Lawyer up quickly.