randya
12-14-07, 02:06 PM
NYPD Slaps Hit And Run Victim With A Ticket For Not Having Bell On His Bike
By Will
Monday Dec 10, 2007
http://www.onnyturf.com/blogs/view_post.php?content_id=12639
How do you add insult to injury? How about giving a ticket for a missing bell to a cyclists who has just been smashed up in a hit and run collision? That's exactly what NYPD Officer Torpey did, when he was flagged down by a dazed cyclist in the Bronx back in July.
On July 30th this year, bike messenger Alex Hellner had been waiting around for a half hour after calling 911, when finally a NYPD cruiser happened to lumber past. Around the same time an Ambulance also finally showed up. Hellner was dazed and his bike frame was bent from colliding with a van; but while medics checked him out, officer Torpey checked out his bike. The next thing Hellner knew Officer Torpey was handing him a ticket because he didn't have a bell on the bike. Last week Mr. Hellner ended up paying a $20 fine for the absent bell.
Mr. Hellner had been reluctant to call the Police at all, but only did so after a bystander, seeing him staggering, had urged him to do so. "I usually don't like to involve the police if possible... so I hesitated for a minute and then came to my senses and called 911. I can't give you an example where the police have helped the situation in any cycling incident I know of."
While perhaps the ticking was technically valid, since bikes are required to have a bell, this kind of ticking seems quite pointless and makes one suspicious that this is only about meeting some sort of ticket quota. Meanwhile, what about the hit and run? Mr. Hellner had kept enough of his wits about him to get the license plate number of the van that hit him, which he turned over to police! The plate is issued to a Mr. Dibaga Sunbundu. So was the driver charged? Presumably not Mr. Hellner says, the NYPD has never followed up with him about the hit and run.
Mr. Hellner had an additional scare last week when he appeared in court to contest his ticket. Mr. Hellner says, "during [Officer Torpey's] opening testimony he stated that prior to issuing me the ticket, he inspected both my vehicle and the other vehicle for safety equipment, which is, of course, blatantly false... I was instantly alarmed and commented that it was a hit-and-run and he responded 'that's not what i wrote down'." It turns out that Officer Torpey was wrong, he did write it down in his Police Report. But his statement in court immediately alarmed Mr. Hellner; if the Officer had failed to report the hit and run it could have further complicated Mr. Hellner's insurance claim against the driver.
You see, on top of fighting a stupid ticket for a missing bell, Mr. Hellner has been having trouble collecting money for his bills from the driver's insurance company. Geico hasn't made a single payment to Mr. Hellner yet; they seemingly have been stalling for weeks on paying out the claim. Mr. Hellner says he has alread paid out a couple of thousand dollars for medical treatment, and could be stuck with tens of thousands in medical expenses. "I stopped going to physical therapy for my elbow because I am afraid I might get stuck with the bill, and my left sholder gets sore easily."
Had Officer Torpey bungled the police report, it could have given Geico new ammunition to further stall or deny the claim. Fortunately for Mr. Hellner Officer Torpey only perjured himself at the ticket hearing.
Mr. Hellner has now gotten himself some legal assistance to try to get Geico to pay up. So far, Geico has been more snake than suave gecko.
By Will
Monday Dec 10, 2007
http://www.onnyturf.com/blogs/view_post.php?content_id=12639
How do you add insult to injury? How about giving a ticket for a missing bell to a cyclists who has just been smashed up in a hit and run collision? That's exactly what NYPD Officer Torpey did, when he was flagged down by a dazed cyclist in the Bronx back in July.
On July 30th this year, bike messenger Alex Hellner had been waiting around for a half hour after calling 911, when finally a NYPD cruiser happened to lumber past. Around the same time an Ambulance also finally showed up. Hellner was dazed and his bike frame was bent from colliding with a van; but while medics checked him out, officer Torpey checked out his bike. The next thing Hellner knew Officer Torpey was handing him a ticket because he didn't have a bell on the bike. Last week Mr. Hellner ended up paying a $20 fine for the absent bell.
Mr. Hellner had been reluctant to call the Police at all, but only did so after a bystander, seeing him staggering, had urged him to do so. "I usually don't like to involve the police if possible... so I hesitated for a minute and then came to my senses and called 911. I can't give you an example where the police have helped the situation in any cycling incident I know of."
While perhaps the ticking was technically valid, since bikes are required to have a bell, this kind of ticking seems quite pointless and makes one suspicious that this is only about meeting some sort of ticket quota. Meanwhile, what about the hit and run? Mr. Hellner had kept enough of his wits about him to get the license plate number of the van that hit him, which he turned over to police! The plate is issued to a Mr. Dibaga Sunbundu. So was the driver charged? Presumably not Mr. Hellner says, the NYPD has never followed up with him about the hit and run.
Mr. Hellner had an additional scare last week when he appeared in court to contest his ticket. Mr. Hellner says, "during [Officer Torpey's] opening testimony he stated that prior to issuing me the ticket, he inspected both my vehicle and the other vehicle for safety equipment, which is, of course, blatantly false... I was instantly alarmed and commented that it was a hit-and-run and he responded 'that's not what i wrote down'." It turns out that Officer Torpey was wrong, he did write it down in his Police Report. But his statement in court immediately alarmed Mr. Hellner; if the Officer had failed to report the hit and run it could have further complicated Mr. Hellner's insurance claim against the driver.
You see, on top of fighting a stupid ticket for a missing bell, Mr. Hellner has been having trouble collecting money for his bills from the driver's insurance company. Geico hasn't made a single payment to Mr. Hellner yet; they seemingly have been stalling for weeks on paying out the claim. Mr. Hellner says he has alread paid out a couple of thousand dollars for medical treatment, and could be stuck with tens of thousands in medical expenses. "I stopped going to physical therapy for my elbow because I am afraid I might get stuck with the bill, and my left sholder gets sore easily."
Had Officer Torpey bungled the police report, it could have given Geico new ammunition to further stall or deny the claim. Fortunately for Mr. Hellner Officer Torpey only perjured himself at the ticket hearing.
Mr. Hellner has now gotten himself some legal assistance to try to get Geico to pay up. So far, Geico has been more snake than suave gecko.