[2stupid2quitnow]

Here is something to think about: I was crossing a major intersection in San Jose CA after completing a nice long ride. As I crossed the intersection a corvette slammed on its' brakes and veered right to miss the car in front of it. Little did he know that I was in the right lane. After slamming on my brakes and trying to avoid hitting the car, he clipped me with his passenger side mirror.

There I was flying through the air, upside down - waiting for the punishment. BAM! Right on my head and then onto my back. One broken collar bone and one trashed Lemond later - the driver is blaming ME for hitting HIM! The police report has him at fault, but dang what a jerk.

Anybody been through a car vs. bike accident resulting in a broken body part? How does the whole insurance thing work?

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[Kev]

Basicaly get a estimage on cost to fix your bike and contact his insurance company they are responsible for your medical bills and fixing your bike.

[John E]

My one encounter with a car (errant left-turner, 1976) resulted in a concussion and a broken clavicle. The driver's insurance settled promptly for the value of my bike plus four times my medical expenses. They initially offered $2200, but quickly escalated to $2700.

Make sure the motorist gets a point against his driving record; he deserves it.

[Pete Clark]

Originally posted by 2stupid2quitnow
The police report has him at fault...
It's the same as if you were in a car. You were in control of the right lane, since you were in it. When he changed lanes (he was avoiding an accident that also would have been his fault by following too closely,) he was required by law to yield to all traffic in that lane (you.)

The police report is on your side. Get all the law allows. The insurance company will not be happy with that driver.

Besides, you deserve full compensation, brother.

[Tom_The_Bikeman]

Hi 2 Stupid,

Been there, did that, kept the jersey...

Got pegged by a car heading towards me turning left across my line of fire.

Results: Broken clavicle, trashed Rezesa, numerous months of rehab.

Insurance company (I'm in Switzerland) was very difficult to deal with (even though I could have pressed charges...sigh)

Short & Sweet? I didn't get anywhere near the value of the destroyed bike replaced, as it was a older frame. The surgeries *did* get paid for, and my helmet and jersey got paid for too. (basically as a gimme)

What was learned?

Get bicycling insurance coverage
Watch out more for cyclists
Call the cops (carry a cell phone now)

Hope you get well soon. If it's any consolation...I've had three days of near 25 mph avs commutes (28 min) on hilly terrain 1.5 years post crash. Do your physio! (and enjoy the massages!)

Good luck, and heal fast,
Tom

[Roughstuff]

Well, I collided head on with a car when I was on a tour in Japan. But get this...it really was (largely) my fault! He had come to a stop, I was going to fast for conditions. It was pouring rain, and just as my brakes were finally about to bite, I went thru a puddle and they stopped working again.

As it became obvious I was gonna smash into his front end I remember saying to myself..."oh well, here goes the shoulder!!" I figured i'd either break my shoulder or at least my collarbone.

As it turned out I flipped over the bars and landed on his hood, then rolled off and fell on the ground, jamming my damn left elbow into my ribs. THAT hurt! Of course I was badly cut up, too.

The law in Japan is very strict: the driver of a vehicle is always responsible for a pedestrian accident. People tell me I could have collected a nice hefty insurance settlement, but sorry, I really didn't feel that would be justified. I was OK, the bike was OK except for a completely wiped out front wheel (the tire was still inflated on the pretzeled rim). The guy bought me a new front wheel and we called it even.

roughstuff

[Justen]

Originally posted by 2stupid2quitnow
Anybody been through a car vs. bike accident resulting in a broken body part? How does the whole insurance thing work?

First - I am sorry to hear of your accident. Sounds pretty nasty. Unfortunately, there are alot of jerks on the road but cyclists usually always end up with the short end of the stick.

I ended up with a broken arm last year and ended up with a fairly decent settlement. However, it screwed up my cycling for months and I was in alot of pain for sometime after.

Did you get the names of any witnesses ?
Make sure you get a copy of the police report and keep all your medical records together - including any physiotherapy bills, ambulance bills, visits to the doctor etc etc. Also, pictures of your bike if possible.

I hope your recovery is not too long. Please take care and good luck with everything.

Justen

[Chris L]

Originally posted by Roughstuff
People tell me I could have collected a nice hefty insurance settlement, but sorry, I really didn't feel that would be justified. I was OK, the bike was OK except for a completely wiped out front wheel (the tire was still inflated on the pretzeled rim). The guy bought me a new front wheel and we called it even.

It's always good if these things can be settled with a little common sense. Unfortunately that doesn't always happen in this world.

[The Rob]

Originally posted by Roughstuff
Well, I collided head on with a car when I was on a tour in Japan. But get this...it really was (largely) my fault!

Bravo. This honest admission should remind us that everyone -- motorist, cyclist, and pedestrian -- makes mistakes, and not every mistake a non-cyclist makes should necessarily earn our disdain.

I hope I have the guts to stand (if I'm able!) and take responsibility for a traffic error should I ever be involved in an accident due, at least in part, to my own actions.

[2stupid2quitnow]

Originally posted by Chris L
It's always good if these things can be settled with a little common sense. Unfortunately that doesn't always happen in this world.

The best scenario would be if all involved parties could talk this whole accident out. Unfortunately the guy who hit me as been quite a jerk to both myself and to the insurance company. Accidents are supposed to be just that - an accident. I think the oddest thing about these accidents is the connection of a monetary settlement to that of a broken body part. I realize that I am losing time on the bike, but I don't think about money when I am on the bike.

[shokhead]

Make him pay for being a jerk.

[Chris L]

Originally posted by 2stupid2quitnow
The best scenario would be if all involved parties could talk this whole accident out. Unfortunately the guy who hit me as been quite a jerk to both myself and to the insurance company.

I agree, hence the difference between your situation and that of Roughstuff above. In your case, the guy definitely deserves to be sued.