Advocacy & Safety - I can't believe IT happened to me...

Well I was riding into work this morning when I got hit. I was about a mile from the office when the genius turning left didn't see me in the glare. (his words) WHAM! Missed my leg by about a foot and a half. Bent my rear wheel all to hell. Hopefully I can get it fixed in time for a 50 mile charity ride Sunday. And no I did not get hurt...except my pride. I am still shook up about it, though. The driver seemed to be going fairly quick, of course that may have just been me being scared...

The police report was neutral. No blame assigned, just a description of what happened.

At least it was just bent metal and not broken bones...
:rolleyes:

Good to hear there were no injuries. Since there was no blame assigned, you're gonna have to cover the rim repair huh?

How could there not be blame assigned? I'd talk to the copers about it, and get it straightened out right. That way you can get your bike repaired with good quality parts on the drivers tab.

Glad to hear you are ok though!

If you had right of way, just riding along the road, and someone turns left across your path, YOU are right and THEY are wrong. It may have been difficult for them to see, so they should have taken greater care to look. This does not seem like a blameless situation to me, and I would take this driver to the cleaners regarding the repair bill. Nothing reminds a driver of cyclists more than a hole in their wallet.

LegalIce: Glad to hear you're OK. I'd take the whole bike to the LBS and have it inspected. Something other than the rear wheel may have gotten tweaked in the accident.

Zack

PLEASE, PLEASE, PLEASE claim it on the drivers insurance. Make them pay for your repairs, time, and trouble. Only when taking out cyclists starts to cost people serious money, and/or jail time, will the public at large start watching out for, and respecting the rights of cyclists.

Even if you don't want to do that for yourself, do it me and the rest of the cyclists on this forum. We may be next.

Davy

People turning left have to yeild to somebody going straight in nearly all situations. They were wrong, I don't understand how the police report could be neutral. However even if you take that police report to the drivers insurance, being a description of what happend all you need to do is take the HIghway code of where you live, show that you had the right of way and that he is at fault.

Incidentally, since his deductible will undoubtably be higher than the repairs you need, the costs will almost certainly come out of his pocket. Personally, I know the rules of the road, and I wouldn't have let the neutral police report get filed, I would have insisted that since I had the right of way, he was at fault.

Yes, hit up his insurance, regardless of the lack of assigned "fault". He hit you. He didn't see you, but should have.
BTW, deductibles don't apply in cases where the policy is covering damage to someone elses property. Only your own.

Don't worry, guys. The insurance company will be getting the full bill. And they better frickin' pay it! :mad: If not, a small claim suit may be in order. He ain't gettin' off without paying for the damage...

...and yes, I am going to have the LBS review the wheel, frame, etc. to make sure everything is corrected.

I think the color has finally returned to my face... :)

And I just assumed no fault based on the officer's brief write up he gave us a copy of...the 'official' report should read otherwise...I was going straight, he was turnng left, I did not run the light...the only question I have is how I didn't get hit sooner, meaning nearer the front...but I thank God it was just the rear wheel...

I'll let everyone know how it turns out...

not assigning blame may just have to do with the police dept your dealing with. they report what the to people involved say, and the fact that there was an accident, but its up to the courts to decide who is to blame. unless the policeman was there to se the actual accident he cant really assign blame.

Shaharidan is right. It's up to the insurance companies to determine who was at fault. As one who used to fill these forms out I can say without a doubt that most if not all Police will not assign blame in an accident unless they witnessed it.
Legalice, I would get a copy of that report asap and contact the drivers insurance company. They will not get in touch with you unless you claimed an injury and or are suing.

I'm hoping that when you were exchanging information with the driver, you casually let your state bar card fall out. :)

Originally posted by LegalIce
...but I thank God it was just the rear wheel...

I'll let everyone know how it turns out...

Wow - that was a CLOSE one! Thankfully, you are okay, and the bike can always be repaired/replaced.

Let us know how the whole deal works out! :)

And I should have said that I am glad that you're OK.

Get a copy of the police report and send it to the insurance company.

See a doctor just to be on the safe side for a quick exam to make sure there's no long lasting damage.

Talk to the sergeant of the police station and ask them to re-write the report. Print out that thread from last week about the accident where they printed it in the paper and made it look like it was no biggie, and explain to him that the driver needs to be held accountable for their actions.

Make sure the sergeant tickets the driver (if they haven't been ticketed), and be sure to show up in court for the drivers court date. I'd see the assistant District Attorney beforehand and explain the irresponsibility of the driver, and tell them you want to make sure this ticket is enforced- it will look better for you in the insurance company's eyes.

Good luck with all that. If you can't fix the bike, just get a new one and send the bill to the driver's insurance company.

Koffee

I'm sorry I also forgot to say, "I'm glad to hear you're ok"
i hope you get your bike back in shape for the charity ride and have a good time :)

Legal Ice. Glad you are ok.. Glad you are not letting him get away with his neglegience.. I would have been slightly combative with the police officier.. He could have really hurt you. We all need be incensed.
I would not settle for a repaired rim.. No way. The rim is weakened. One of my bikes, a rear wheel might not be less than his deductible.. Maybe yours..

Originally posted by cyclezealot
... I would have been slightly combative with the police officier...

Never a very good idea.

Slightly is the right word,yes, combative is the wrong word. Determined would be the right approach.
Had the motorists killed the cyclist, would that have been ok.. What difference does 1.5 feet make between destroying property and human life.

Picking a fight with the Po Po on the spot is definitely NOT a good idea!

Darned glad you're OK!

I never suggested that it was OK for the driver regardless. Just that arguing with a police officer on the scene like that is never a good idea. Once they've decided how they are going to write up the accident, arguing is more likely to end up in having the officer change their mind, not in your favor. It's not right, but it's true.
I imagine that the victim in this case will have NO trouble collecting from the driver's insurance, without having to retain a lawyer or go to court. If he plays his cards just right, and is on REAL good terms with his LBS, they will give him not only a new back wheel, but any other components that the LBS deems were damaged in the accident.
A girl I know down here was right hooked by a car. A broken top-tube and a bruised wrist netted her not only the hospital bill, but a brand new bike, when the frame could have simply been replaced.

as i said before it may not be up to the police how it is written up. in some areas if they dont see it they can not determine fault in the report. the policeman may be able to go to court and give his opinion.
i was once involved in a car accident where the other driver moved into the oncoming traffic lane and ran into me. being in the wrong lane it seemed pretty clear to me that the accident was his fault. how ever the report just basically stated that there was an accident, who was involved, where and when.
when i asked the police man about it he said, he couldnt put anything about fault in the report since he hadnt seen it, but if it went to court he'd show and give his opinion.
its just how the rules are some places.

Glad to hear you're OK; that's always the most important thing.

Everything else has been covered in the previous posts pretty well so I won't "pile on". However, I think your comment about "color returning to your face" is one that others who haven't been hit by a car should take note of.

You won't Know how you'll actually feel or react until it happens to you. It's been my experience (3 times now) that you're so damn shocky it's all you can do just to regain your wits. Jumping up and getting in someone's face following the moment of impact, shortly thereafter or even 15 minutes later was not what came to my mind. Taking account of the damage done to me, then my bike, then what I collided with and finally speaking with the motorist before asking someone to summon the police pretty much consumed all my mental and physical energy before I had to sit back down. It wasn't usually until later in the day after showering and replaying the collisions in my mind that I started to become indignant about being hit. Up and to that point I was just damn glad to be alive and relatively intact.

P.S. Please make sure you always carry personal identification information, insurance card and emergency contact names and numbers on your person when you ride.

I'm glad you're OK. That's the most important thing. I agree with what basically everyone else has already said re: blame etc etc so I won't harp on it further.

I have a few more things to add...first, I want to apologize for the title of this thread...it some how implies I am a better rider because getting hit should not happen to me...anyway, that was not what was meant, so moving on...(not that anyone of you said that, but it was bothering me...)

I didn't get a chance to closely review the police report until after work yesterday. I have the drivers name and full address but that's about it. It says his insurance is with "State Farm"...no agent or location noted. Then it dawned on me, the officer NEVER asked to see the guy's proof of insurance. Just his license and registration. You are required to have proof of auto insurance with you in the vehicle, but it was never asked for...:mad:

...and I was too shook up to think about it at the time. What a genius I am...live and learn. I am going to start tracking down the right insurance office at lunch.

Thanks for all the tips and well wishes...final outcome yet to be determined. Have a great day!

Greg

Originally posted by LegalIce
I am going to start tracking down the right insurance office at lunch.

You should be able to call any State Farm office or their National Service Center and with the driver's name and address come up with his info and/or file the claim.


Originally posted by ChipRGW
BTW, deductibles don't apply in cases where the policy is covering damage to someone elses property. Only your own.

I don't believe this is a true statement in all cases. Check your policy to see what it covers as they are not all the same. My experience is that if you plow into someone elses car and do $10,000 damage you'll still pay a deductable against the liability / property damage claim for the first $XXX up to the limits of your deductable. If you carry collision and/or comprehensive coverage on your own vehicle the same provisions will apply with respect to the deductable which may be higher or lower than the deductable you carry on liability.

Originally posted by LegalIce
Well I was riding into work this morning when I got hit. I was about a mile from the office when the genius turning left didn't see me in the glare. (his words) WHAM! Missed my leg by about a foot and a half. Bent my rear wheel all to hell. Hopefully I can get it fixed in time for a 50 mile charity ride Sunday. And no I did not get hurt...except my pride. I am still shook up about it, though. The driver seemed to be going fairly quick, of course that may have just been me being scared...

The police report was neutral. No blame assigned, just a description of what happened.

At least it was just bent metal and not broken bones...
:rolleyes:

First, I am glad you okay and did not get seriously hurt. It could have easily gone the other way.

Second, regardless of the glare - he is still responsible as he is turning left. If he couldn't see, he shouldn't have turned. What if it had been another car he had hit. You can bet they would be claiming damages and that the police would not have written it up as no fault.

As the others have said, drivers need to start taking responsibility for their actions.

Don't let him off the hook and get the LBS to do a complete assessment on your bike.

Justen

LegalIce: How's the bike? Have you had a chance to look it over yet?

Zack

Zack, my bike has/had a severly bent rear wheel. Taco shell mode. It did not appear anything else had been bent or broken. I was hit on the left side, rear. However, the LBS is going to do a full check to make sure nothing else was broken.

I am pleaseantly surprised to report that I was able to make contact with the correct State Farm agent via e-mail. The claim had already been filed so he gave me the claim number and adjuster's name and phone.

Things are going much better than I expected in this regard so far. Kudos to State Farm, or at least to this agent, for getting the ball rolling and responding quickly to my inquiry. As long as they pay the bill, that is...:beer:

Originally posted by LegalIce
Well I was riding into work this morning when I got hit. I was about a mile from the office when the genius turning left didn't see me in the glare.

The police report was neutral. No blame assigned, just a description of what happened.

At least it was just bent metal and not broken bones...
:rolleyes:
Very glad you're unhurt!

Last I heard, left-hand turners do not have the right-of-way, meaning he was at fault. Don't accept a police report that does not assign blame to this left-hand-turner. I don't care if the sun was in his eyes. The driver is still responsible for making a safe maneuver given the conditions.

This is not just about pride, it's about money and what's right.

Another update...

Yesterday, (Sunday 4/27), I took part in the Wheels of Justice Tour in Louisville. The LBS had given me a replacement rear wheel until the new wheel set comes in so I could take part in this ride. I picked up the bike late Friday in the rain.

No chance to ride it Saturday before the drive to Louisville. When I got to the ride site I found more problems with the bike. It appears the car not only hit my rear wheel, but also my left pedal! The spindle was bent and I couldn't clip in! Unbelievable. :irritated Also, it looks like my crank is bent slightly and the pedal threads may be hosed.

The LBS supporting the ride let me use a rubber mallet to bend it back down a little, although still not straight. (SPD pedals) I was only able to clip in on one side, and then my pedaling motion was unorthodox to say the least. However, it was good enough for me to complete the 50 mile ride. (My longest one day ride to date! :D )

That was not the end of my problems. About 35 miles into the ride my bike began to wobble like crazy. The replacement wheel was coming apart! Again the LBS in Louisville came to my rescue with a wheel truing...finished the ride. Now back to my Evansville bike shop to have a new estimate put together for State Farm...:(