Advocacy & Safety - tracy vs. SUV, my first accident.

I had my first accident last week thursday. I was coming down 17th avenue through Sellwood, where a driver took a left turn in front of me, causing me to go into her side panel. *sigh*. My bike isn't rideable at the moment, and I don't feel like wrenching until my hand heals (I got some nice road rash across my knuckles, and a smashed pinky :(). It could've been worse, but it still completely sucked. I didn't break any bones, but my body felt like complete crap. I never would've thought an accident like that would leave me impaired for a few days.

I was wearing my helmet! I feel like if I had not worn my helmet at that time, I would've ended up with a concussion (sp?) at the least.

Now I'm trying to get into the process of filing a claim... can anybody help? I've sent an email to a lawyer. All I really want is my bike running again, and my body to heal faster. I'm not going to try and sue the poor lady (she seemed sorry, but after getting hit she comes out of her stupid ford excursion saying "this is my first day in portland! I ran away from hurricane katrina!" wtf made her think that I wanted to hear a f'n sob story??), I just want things back to the way they were.

Any help would be appreshamated

Did you go to the hospital? Call the cops? get her insurance info???? If you sue, it will take a long time to settle the claim - prolly at least a year.

If you go strait to the insurance co. youself, you may get it settled sooner. If your injuries are minor like you say, might just call the insurance company and try to settle it.

things to do right now: go to a bike shop and get a written estimate for any damage. go see a doctor as well. did you take any time off work because of it? do you have a police report? the insurance company will ask for that right off the bat. they will need license number and driver information (that should be on the police report, but double check).

i'm at one month and a week since my accident and all i've been able to do so far is submit my claim. it's a very slow process and you gotta keep on top of the insurance (or have your lawer do it). they won't move on anything unless you push them. good luck.

Don't hesitate to file a claim against her insurance...that's why she pays for it. get written estimates for everything. feel better!

crap... I dind't file a police report. I was seriously in shock when everything happened. I did go to the ER afterwards. Looks like I should bring my poor bike carcass to a LBS for an estimate :( My poor bike *sobs*

would it be a big deal if we didn't call the cops?

as long as you have her insurance info, you should be okay, but if your up to it, i'd go to the precinct house by the accident and at least try to file a report. that way, if her ins. co. tries to give you any guff, you can fall back on that, even if filed late.

good call... thanks laika :)

I recently was in a similar accident. Definitely get her insurance. If you have some contact information, get it from her. This is by far the least hassle thing to do...

The lawyer you contacted will undoubtedly help you with the details. However, if something of this magnitude ever happens again (injury/totaled bike), I suggest calling the police from the scene. Their documentation can help with insurance claims.

Anyway, you will most likely need to file an "accident" report with DMV in order to proceed with an insurance claim. You can obtain the form here: http://www.odot.state.or.us/forms/dmv/32_1_04.pdf

I had my first accident last week thursday. I was coming down 17th avenue through Sellwood, where a driver took a left turn in front of me, causing me to go into her side panel. *sigh*. My bike isn't rideable at the moment, and I don't feel like wrenching until my hand heals (I got some nice road rash across my knuckles, and a smashed pinky :(). It could've been worse, but it still completely sucked. I didn't break any bones, but my body felt like complete crap. I never would've thought an accident like that would leave me impaired for a few days.

I was wearing my helmet! I feel like if I had not worn my helmet at that time, I would've ended up with a concussion (sp?) at the least.

Now I'm trying to get into the process of filing a claim... can anybody help? I've sent an email to a lawyer. All I really want is my bike running again, and my body to heal faster. I'm not going to try and sue the poor lady (she seemed sorry, but after getting hit she comes out of her stupid ford excursion saying "this is my first day in portland! I ran away from hurricane katrina!" wtf made her think that I wanted to hear a f'n sob story??), I just want things back to the way they were.

Any help would be appreshamated

You'd do well in NYC. :D

Seriously, police report is a good idea, and definitely a bike repair estimate. You're not getting anything from anybody unless they know how much it costs, after all.

Get some rest and heal fast! :)

crap... I dind't file a police report. I was seriously in shock when everything happened. I did go to the ER afterwards. Looks like I should bring my poor bike carcass to a LBS for an estimate :( My poor bike *sobs*

would it be a big deal if we didn't call the cops?

Hi, Tracy -- First things first, I'm sorry about your crash. It's an emotional struggle, as well as a physical and organizational one, to come back from a crash with a motorist.

From what you describe, the motorist turning left in front of you sounds like he or she didn't have the right of way. Is this correct? Did the motorist have a dedicated left-turn arrow, and you a yellow? Or did it occur at an intersection where you had a STOP or YIELD sign, and he or she didn't? Or was it just a plain old left hook, with the motorist wailing, "I dinnit see yah!" because the cell phone was interfering with the Sirius satellite radio while the Wall Street Journal was open on the steering wheel ... ahem!

I ask this because, in my experience, if you are in any kind of a crash, whether you're driving, cycling, walking, roller-skating, scootering, or flying on your broomstick, *if it's not your fault, get the police involved.* Since you might not have done this at the scene, it's too late for the cop to write the miscreant a ticket -- and in most states, a ticket in a crash implies that the officer on the spot is identifying the responsible party -- but you should file an accident report with the police, with the driver's insurance company, and with your state's motor vehicle department, as the law typically requires.

I have a lot of other information about what to do about your medical bills, getting the costs of your bike repair estimated fairly, dealing with an insurance company, and whether or not to go to a lawyer. I've put it all into a comprehensive article at:

http://www.massbike.org/resources/crash.htm

It's oriented toward Massachusetts' law, but much of the advice is applicable in other areas.

Good luck to you! Hope you have a full recuperation, and that you're compensated fairly with full replacement of the damage if you're not at fault.

Hi, Tracy -- First things first, I'm sorry about your crash. It's an emotional struggle, as well as a physical and organizational one, to come back from a crash with a motorist.

From what you describe, the motorist turning left in front of you sounds like he or she didn't have the right of way. Is this correct? Did the motorist have a dedicated left-turn arrow, and you a yellow? Or did it occur at an intersection where you had a STOP or YIELD sign, and he or she didn't? Or was it just a plain old left hook, with the motorist wailing, "I dinnit see yah!" because the cell phone was interfering with the Sirius satellite radio while the Wall Street Journal was open on the steering wheel ... ahem!

I ask this because, in my experience, if you are in any kind of a crash, whether you're driving, cycling, walking, roller-skating, scootering, or flying on your broomstick, *if it's not your fault, get the police involved.* Since you might not have done this at the scene, it's too late for the cop to write the miscreant a ticket -- and in most states, a ticket in a crash implies that the officer on the spot is identifying the responsible party -- but you should file an accident report with the police, with the driver's insurance company, and with your state's motor vehicle department, as the law typically requires.

I have a lot of other information about what to do about your medical bills, getting the costs of your bike repair estimated fairly, dealing with an insurance company, and whether or not to go to a lawyer. I've put it all into a comprehensive article at:

http://www.massbike.org/resources/crash.htm

It's oriented toward Massachusetts' law, but much of the advice is applicable in other areas.

Good luck to you! Hope you have a full recuperation, and that you're compensated fairly with full replacement of the damage if you're not at fault.

Hey there... thanks for your very informative response. I've realized that it'll take a bit of work to get this ball really rollin'.

As for the accident, I was coming up to a busy intersection. Traffic was backed up, so I kept going straight on the road. Then the SUV turned left and I smashed into it. I didn't have a stop sign, but neither did she. As far as I could tell, I had the right of way. I honestly wonder if she was on her cell when this happened. She did manage to take 3 calls on it while taking me home :P

She gave me a ride home, since I was smack dab in the middle of my commute. I dropped off my bike, and headed straight to the ER, where I got shabby service (ugh, I hate ER's) and a condescending doctor, but whatever. I have no broken bones, except for the possibility of the tip of my pinky being fractured. They gave me 3 advils and a vicodin, which made my head feel... weird.

I will be on my way to a police department after work to file an accident report... hopefully I can manage to squeeze in an estimate if it doesn't take too long.

Luckily, I do have an extra frame, fork, and front wheel. Oh, get this: after the impact, my front wheel was stuck on my left crank, but the tire was still inflated :eek: strange...

I hope you heal up quickly.
Why was traffic backed up at the intersection? Was it a two lane road and the car at the front was waiting to turn left? Was there a traffic light and it was green for your and the SUV's travel direction? Did you ride up into the intersection on the right of the stopped cars?

I whould definitly file a Police report!
I know of many cases where the other party after admitting blame, go to the Police and change their story. The Police then takes their side of the story simply because they reported it whilst the person in the right never filed reported anything.

Yes, you can file a police report after the fact - especially if you went to the ER.

By your own admission, the damage was small - probably less than $1,000 total.

Just ask her for her insurance company info and file a claim. My bet is they will pay you quickly and without hassle.

We don't always have to get lawyers involved.

If they refuse to pay, then get a lawyer or file a claim with your insurance who MIGHT go after her insurance.

Let us know how it works out.