Advocacy & Safety - Got tagged by a car for the first time

Well, it has happened. I had my first physical run-in with a car in the 5 or 6 years of cycling.

It happened when I was on my bike going to campus at the University of Washington. The route I take involves a section of road where I have to cross three lanes of one way traffic in a short distance. (The side street I live on stops at this main road and I have to dog-leg down the main road to get to another side street.) I have done this maneuver many times and have never even had a close call with a car. Anyway on this occasion, I had just made the last lane change before turning onto the next side street when a parked car darts out in front of me from a parallel parking spot on the left side of the street. I recognized we were going to hit with less than 10 feet to the car, and hit I did. I was fortunate to end up landing okay and not get seriously hurt, but my bike frame was pretty much totaled. The fork was bent laterally, and the bike shop work to fix it would cost between $250 and $400, which is way more than the frame is worth.

This being my first run-in with a car, I made some mistakes with handling the aftermath of the accident that I very much regret now. The first mistake was not getting the full insurance information from the driver of the car, just her name and phone number. My second mistake was not getting the name and number of the witness who stopped and helped me. Now the girl who hit me has washed her hands of any responsibility for this accident and will not speak to me when I call for her insurance information. I spoke to the police about this and they pretty much said that my only options would be to get my insurance company to try to get her insurance information, or I could take her to small claims court.

Anyway, right now I don't know quite what to do with this whole thing. Because I let the witness get away, I don't have a third party who can testify as to how the accident played out, so I don't have a solid case for a suit. I don't quite understand what my insurance company can do about this because if the lady can hang up on me, then she can surely hang up on my insurance company. So, I don't know and I am just ranting now. It angers me so much that there are people who will not own up to their mistakes which cause others injury or property damage. The first time I spoke to this lady, she basically said that she thinks she has no responsibility for this accident or to me, even though it was her who pulled out of the parallel parking space without looking behind her. I was minding my own business riding in the center of the lane, keeping up with traffic on a downhill, watching for the intersection to make my turn - when BAM, I am on the ground with the bike over my head.

Okay, enough ranting. I am just happy that 1) I was not seriously injured, and 2) it was my old bike frame which was totaled, not my "good" bike. Considering this, it was a good first accident to have, since if another one should come up in the course of my life, I will know better what to do. The kicker with this whole thing is the way the person refuses to talk to me. Not even a "sorry, were you injured?" kind of line. It makes me angry that there are people who have so little regard for the wellbeing of their fellow person. Before I called her, I was even going to ask if I damaged her car in any way and cut her some slack about compensating me for the damage to my bike. Now I am kind of happy knowing I put some dents in her car. I hoped I scraped it too.

The next course of action for me will be to get a new frame to hang my old components on and spend a week deciding whether to take the girl to court to recover the cost, even though I very well may lose. I cannot say enough now that if any of you get into an accident to be sure to get their insurance information of the driver and get the name and number of a good witness. Otherwise you can get screwed over like I have been so far.

Anyway, thanks for the ear,

BR

All is not lost.

Go and take photos of where the accident occurred. Do a series and use a car and a bike to show the relative positions as the accident developed.

Another thing, I am sure you had some road rash and stuff. Take photos of that.

Take photos of the damage of your bike.

Write down the description of the lady and what she said and date and sign it.

You can probably find her address. If her car was damaged, I bet you can get photos of that too.

I suggest you take her to small claims court. Small claims is pretty easy. Filing is easy. The clerks at the county court house will probably help you if you have problems and are pleasant to them.

I think in small claims, you will have a pretty strong case and should prevail. If not, well you only will lose your filing fee.

Since this occurred on a campus, you might be able to find the witness. The campus paper might let you run an ad for modest price asking for her name. But I think the witness probably will not be essential for the case.

I mean you have proof that you had a crash on your bike. You probably have proof of the date. You have the name of the person who did this.

Remember this is a civil case and not a criminal case. In a criminal case, guilt has to be established beyond a REASONABLE doubt. In a civil case, the case goes to the person with the preponderance of the evidence. I think you have this.

Not to mention there are dents on her car where she hit you...

And probably some paint on your frame matching her car or vice versa

does the area where her car was parked require a parking permit? if so, she may use the same streets to park on from day to day. if so, i'm sure you could comb the area and find the car to take some photos. maybe you could catch her and talk to her in person or at least leave a note that you are planning to take her to court if she doesn't respond to your calls. good luck on this whatever you decide to do!

If you have her phone number, type it into Yahoo and it will bring up a street address. Then go find her car and take photos of the dents and her license plate. Send the license plate number to your insurance company investigator. Maybe they'll be able to get her insurance information.

Small claims. Bring lots of documentation, eg: from your doctor, pictures of the injuries, pics of her car (you can find it by what others have said), bicycle pics, etc. You'll win easily, however getting her to pay the judgement is another story.

Small claims. Bring lots of documentation, eg: from your doctor, pictures of the injuries, pics of her car (you can find it by what others have said), bicycle pics, etc. You'll win easily, however getting her to pay the judgement is another story.


My husband won a small claims case against a guy who rear-ended my husband's bug. Husband documented everything and was well prepared when he went to court. The other guy even tried to say that he didn't rear-end my husband, but that my husband actually backed into him!

Husband wond the case and suprise, suprise, the other guy paid up right there--I guess he was glad it didn't got through his insurance people. . .

One can always hope that the other person can do the right thing--but be prepared; don't hold your breath too long.

I am sorry for your pain and suffering, Brian.

Whether or not this "lady" thinks she is responsible for the accident is not important. The law will decide that. If anyone is pulling out into another lane (as in this case,) she must yield right-of-way to all vehicles in that lane. If she does not and there is a crash, she is at fault.

This is all great advice. I too did not have my wits about me for my first and only crash. A little old lady doored me at a light. Slight damage to the bike, but then later I found out my ring finger was broken (fortunately insurance covered it). Anyhow, it did not even occur to me to get either her address, insurance, or plate #, or snag a witness, even though I'd have thought of these things automatically if I'd been in a car (and she would have probably offered them automatically if I'd been in a car). We all have to remember Bikes Are Vehicles.

Yes, an unfortunate lesson I also had to learn from previous collisions - get all the information you can, from everyone you can at the scene. But, if you can get the plate number of a car, you can often get the driver's insurance information yourself; though your insurance provider will undoubtedly have means to do so.

A guy once collided with me and I obtained his name, address, phone from his license, but he refused to ever call me back. I contacted Oregon DMV (did he really think I would just let this go?) and they gave me (for a $15.00 fee) the last recorded insurance information for the vehicle registration. Luckily, he was still insured with them and I filed a claim. I eventually received reimbursement for all damages plus $100 (this was unsolicited) for the "pain and suffering" of my scratched thumb - I still laugh about that because it was so insignificant compared to my destroyed rear wheel and banged up shifters/bars.

I wish you good luck with your further dealings trying to resolve this. I'm glad you escaped unharmed.

Thanks guys for all the information. I'll be going after this person and try to get some reimbursment from her. I cannot believe that she believes I will just let her go. I feel a little better now because of all the ideas here. Thanks,

BR

All is not lost.

Since this occurred on a campus, you might be able to find the witness. The campus paper might let you run an ad for modest price asking for her name. But I think the witness probably will not be essential for the case.
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A whole lot of good ideas here. Let me add some more.

Put up 3 dozen flyers around town describing the accident and ask people who witnessed to call your phone number. This might get some responses.

From now on, carry a cell phone and when an accident like this happens, call the police and get a report FAST! Don't be afraid to call the police and get the motorist in trouble. This is why she has insurance for folks. I had an accident in the early 1990's and the insurance company gave me $1,800.00 bucks for my troubles. I filed a small claims court listing the driver for $500.00 dollars. The driver then sent the filing to his insurance company who did NOT want to go to court as the legal fees alone would have been worth more the $500.00 dollars and they would have lost! As a result, I did not go to small claims court and the insurance company paid pronto ($500.00 for medical $1,300.00 for pain and suffering). If you laid yourself out on the street and were picked up by an ambulance (like me), we would be talking about which Lightspeed you're going to replace the beater with.

I was paid $1,800.00 about 15 yeas ago for a scratch on my ankle. I think you just passed up a $4,000.00 dollar check!

If she failed to provide insurance information to you, that may constitute leaving the scene. Next time you contact her, tell her that that's what you are going to report to the police. This might get her to cough up the insurance info.

Let's hope this never happens again, but in future, when the damage is that serious, it's probably above the threshold at which one is expected to call the police (it varies locally, typically I've seen US$500-$1000). Don't let the perp leave the scene until the police get there. Also, if you're injured at all, never assume it's not serious. I know this sounds like something the late-night TV ambulance-chasers say, but it's true; often your injuries are more serious than they first appear, and things can happen hours or days after. When I got t-boned in '00, my injuries worsened the 24 hours after the crash. At the scene, your best answer, even when you ask yourself, to how badly you're injured or how badly your (or the other) vehicle is damaged, is "I don't know".

Also, if you're injured at all, never assume it's not serious. I know this sounds like something the late-night TV ambulance-chasers say, but it's true; often your injuries are more serious than they first appear, and things can happen hours or days after. When I got t-boned in '00, my injuries worsened the 24 hours after the crash. At the scene, your best answer, even when you ask yourself, to how badly you're injured or how badly your (or the other) vehicle is damaged, is "I don't know".

There are way too many people on this forum that walk away bleading and injured after an accident with a motorist and don't sue at all. In fact, you'll find them feeling sorry for the motorist. This is crazy! You never know what's going to happen in the future regarding long term pain. If you were in a car and the accident happend, I'm sure she would have asked for your insurance pronto.

Also, if you're injured at all, never assume it's not serious. I know this sounds like something the late-night TV ambulance-chasers say, but it's true; often your injuries are more serious than they first appear, and things can happen hours or days after. When I got t-boned in '00, my injuries worsened the 24 hours after the crash. At the scene, your best answer, even when you ask yourself, to how badly you're injured or how badly your (or the other) vehicle is damaged, is "I don't know".

I'll second this - I've also learned to avoid admitting anything that may complicate matters later. I was ran down from behind last year in October. When the police and witnesses each asked if I was OK, I just replied, "I'm not sure, but it hurts," while limping around. I declined an ambulance ride (probably a mistake) and opted for my wife to pick me up. Three hours later I couldn't walk, sit or even stand the pain - I visited ER and found that my acetubulum (hip socket) was fractured. Fortunately I was able to ride during the entire healing process and will most likely not suffer any future complications as a result of the injury. Also, the insurance company has graciously agreed (negotiated) to provide me with 5 figures of compensation.

If a driver hits me, I go after 'em to the full extent legally allowed no matter how minor. It's tough love, I guess - how else will they learn :)

carry a camera.

carry a camera.

You know, the more I think about this, the better this idea seems. Not only would I have a camera to record stuff in case of an accident, but in case I see something else I might want to remember/take note of. And since they are relatively inexpensive I could give it to someone else in need of photos while I am out on a ride. . .

I would strongly recommend you take this to small claims if she stays uncooperative. Small claims is easy. You even get to be your own attorney! This does not take Perry Mason either. I took a guy to small claims for not paying rent for one of my relatives. We were assigned arbitration at first as a way to avoid even the relaxed version of a small claims case. I produced the signed lease agreement and the billing statements showing that they had not paid. It was really funny listening to his lame excuses on why he did not pay the last month's rent before taking a powder and why he had not bothered answering repeated phone calls and letters. The mediator clearly had zero sympathy for the guy. They ended up paying the owed cash and the court costs.

As for collecting, I understand that it is an easy thing to garnishee someone's wages or seizing something of theirs that is valuable, like her automobile (that would be poetic justice wouldn't it?) until they pay.

In your situation, you will come in with evidence and all she will have are lame denials or excuses. If you manage to collect any evidence at all, I can not see her getting out of coughing up some dough.

I went back to the place where the person was parked and found what may be her car. It has damage that looks as though it was caused by my accident, but I cannot be sure that it was the same car. I did not get a good look at it during the accident. All I know for sure was the car was a pure white sedan, which this car is.

I have the license plate number. Is there anything I need to do before I just call up the WA DMV and ask who the car is registered too? Will they just give me the information, or do I have to provide reason for my inquiry?

Thanks much,

BR

I went back to the place where the person was parked and found what may be her car. It has damage that looks as though it was caused by my accident, but I cannot be sure that it was the same car. I did not get a good look at it during the accident. All I know for sure was the car was a pure white sedan, which this car is.

I have the license plate number. Is there anything I need to do before I just call up the WA DMV and ask who the car is registered too? Will they just give me the information, or do I have to provide reason for my inquiry?

Oregon DMV will not give you any personal information at all. WA may operate similarly. However, you should be able to obtain the insurance information for the vehicle. The DMV provided me with the insurance provider and policy number given on the vehicle's last registration. When I contacted the insurance company, they verified the policy was active and the insured was indeed the person that hit me.

Were you able to do a reverse phone lookup? It may be helpful if her name matches the insurance company insured's name. Then you know it's the right person. If you are unsuccessful, perhaps your own auto insurance company (provided you drive and carry a policy) could help; I'm sure they have significantly better resources to track these things down.

ChezJfrey,

Thanks for the info. Contacting my auto insurance company was one of the things the police suggested I do. I will probably be following up on that line by the end of this week. I have the girl's name and phone number, but I could not find her on line or in the phone book to get her address. I am not surprised because it sounds like she is a student and probably in Seattle for a temporary stay.

About the insurance companies, I have a couple questions (just so I am not walking into this blind.) What are the policies of the insurance company about giving out personal information, and if it is the person who hit me, how do I follow up?

Thanks much,

BR

I have the girl's name and phone number, but I could not find her on line or in the phone book to get her address. I am not surprised because it sounds like she is a student and probably in Seattle for a temporary stay. Visit the university's web site, and look for a directory. It may have both local and permanent address information. If you're right, she, erhm, probably wouldn't want her parents to know about this.



About the insurance companies, I have a couple questions (just so I am not walking into this blind.) What are the policies of the insurance company about giving out personal information, and if it is the person who hit me, how do I follow up? Once again, they'll probably be more forthcoming with information if you state that she left the scene without providing full information, and that you are going to report it to the police as such.

Also, if you should prevail in small claims court, and she doesn't pay, be sure to file a lien in your county & the county the other driver permanently resides in. It is useful, but not required, to list the debtor's Social Security # & date of birth on the lien. A title search doesn't always pick up judgments but always picks up liens! She may not have any money now but could have $ later. Don