Road Cycling - Got hit by a car yesterday... what now?
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04-19-09, 11:23 PM
So i know what to do with medical, but how bout my bike...
Heres the story
I was in the bike lane in santa monica and there was single lane traffic each way, and in my direction, it was deadlocked. A car made a left turn between the cars and I had no time to react. I was probably going about 15mph give or take and i slammed the breaks and turned left as to not do a perpendicular collision. From what i remember i hit, flew onto hood/windshield, hit my head hard enough to have a crack in the helmet, and then rolled off the car. From where im hurting today, my right hip, shoulder and face(jaw) took most of the impact.
I was a little dazed after the accident but was helped by some bikers and a doctor who was nearby. Neuro exam was normal and i was not in much pain, so after exchanging info(at one point she tried to explain she did nothing wrong, and the biker corrected her), rode home and walked to the hospital(a block away) to get checked out per advise of doctor who saw me at the accident.
After the accident my wheels seemed fine, the only sign of impact was my right shifter was torqued around the handel bar. After moving back it shifted ok. I was on mile 95 on a 100m ride with my friend and i wanted to complete it so i rode home slowly. I think the majority of the impact was on me, not my bike but i want to make sure my bike is ok. What should i check?
its a fuji roubaix sl
04-19-09, 11:30 PM
File a police report if you have yet to do so and if anything is wrong, make her pay for it.
Maybe take it to your LBS and have them take a look at it, they know what to look for.
04-20-09, 05:09 AM
I would get a lawyer. Insurance stuff gets really complicated and time consuming. My friend got hit by a car 3-4 years ago and finally getting his settlement.
04-20-09, 07:53 AM
I would take it to a bike shop ASAP and have them look it over. If they think any fixes need to be made, have them print up an invoice/work order and then call her insurance and tell them what they owe. It's important to have a physical, itemized, dated invoice from the bike shop! If her insurance wont pay up you can try calling your insurance for help (your insurance will have lawyers on staff and are usually helpful in getting other companies to pay so they don't have to), but if your insurance wont then you will probably need to find a lawyer.
Of course, you need to file a report with the police so there is official legal record of the incident.
BTW, I hope you got names/phone numbers of witnesses, because they can make all the difference when it comes down to it.
04-20-09, 08:03 AM
As long as you have her insurance info you go through her insurance.
They'll pay for your bike and medical expenses.
The adjuster may have you bring the bike to a bike shop. Have the shop owner go over the bike and come up with a list of parts to fix it or to vouch if it's totaled. Buy your new bike or parts from said bike shop after the settlement.
File that police report too, so you have it on record.
Been there, done that.
I got t-boned by a lady in a mustang insured by progressive and had a check with a couple weeks for a new bike.
04-20-09, 08:05 AM
If you are involved in an accident with a motor vehicle where you go down, the police need to be called to the scene. Always.
The only reason I can think of for not calling them would be if you have outstanding arrest warrants.
File a police report immediately. Hopefully you have a list of witnesses to the accident.
You will probably continue feeling more and more sore over the next few days. Par for the course with wrecks such as this. If you do not start feeling better by the end of the week - go back to a doctor. If you have any popping or clicking in your jaw, headaches or dizziness - go immediately.
Definitely have a complete once over of the bike. Make sure you do not see any cracking or chipping of your bike finish. I am sorry to hear that your body took more of the impact than your bike.
I am a personal injury lawyer in Denver and can tell you that lawyers can help in many cases but you may be able to get through this on your own if you are not hurt more than you suspect at the moment. Hopefully, you will not need a lawyer. I have a booklet for my Colorado accident clients you can download from my website.
It should give some general information about the accident process and help you decided if you need a lawyer in California.
I hope you feel better fast and can get back on the road very soon.
I got into an accident last week similar to this, however my bike got run over and wrecked in the accident (and I was fine).
I took my bike to the shop the next day to get a repair quote on paper, and a copy of the original receipt.
My insurance wont do anything for me, but they told me that for me to do anything at all with insurance I need a copy of the police report and have to file a claim with the driver's insurance.
And it's been almost two weeks and I'm still waiting on that damn police report.
always always always always always call the police to report the accident at the scene
04-20-09, 05:05 PM
Thanks for the info, I have not made a police report yet but have already been contacted by her insurance. Should i still make the police report?
I'm going to say yes, but I'm curious what her insurance said to you.
04-20-09, 06:13 PM
Absolutely - it will be needed if you have to take it any higher...............
Not uncommon for motorists to not realize their responsibility, but here's your California law below. (The motorist would have an argument for not filing the report if you told her that you were uninjured, though by the next day you probably felt otherwise). By the way - another reason for reporting the incident is if an area has a rash of reported bicycle related accidents then I'd imagine the Transportation Dept. would want to look at making it safer for all. Good luck.
"Duty to Report Accidents
20008. (a) The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred. If the agency which receives the report is not responsible for investigating the accident, it shall immediately forward the report to the law enforcement agency which is responsible for investigating the accident.
On or before the fifth day of each month, every police department which received a report during the previous calendar month of an accident which it is responsible for investigating shall forward the report or a copy thereof to the main office of the Department of the California Highway Patrol at Sacramento.
(b) The owner or driver of a common carrier vehicle involved in any such accident shall make a like report to the Department of California Highway Patrol on or before the 10th day of the month following the accident.
Amended Ch. 224, Stats. 1970. Effective November 23, 1970. "
"Reports as Evidence
20013. No such accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department.
Amended Ch. 1996, Stats. 1959. Effective September 18, 1959. "
05-03-09, 11:29 PM
so heres the damage, Body damage= bruises on my right side at impact points (knee, hip shoulder). Cracked my right lower molar. AC joint sprain and deltoid tendonitis. I havent been able to sleep on my right side since the accident. but i am definitely getting beter and cant wait to be back on the road!
My bike did not fair well either. The Fork, stem, handelbar, wheels and frame were bent and the shop totalled my bike. Her insurance is covering everything fortunately so now i get to search for another road bike.
05-04-09, 10:05 AM
so heres the damage, Body damage= bruises on my right side at impact points (knee, hip shoulder). Cracked my right lower molar. AC joint sprain and deltoid tendonitis. I haven't been able to sleep on my right side since the accident. but i am definitely getting better and cant wait to be back on the road!
My bike did not fair well either. The Fork, stem, handlebar, wheels and frame were bent and the shop totaled my bike. Her insurance is covering everything fortunately so now i get to search for another road bike.
I am glad you your injuries weren't worse and, you are getting a new bike, because of the accident.
they pay for your body repair and the associated pain and suffering and any bike related expenses. Don't expect your insurance (auto, home) to help with this - your health insurance will cover you, but why not make them pay?
You are way cheaper than if she had hit a car. A fender bender would cost them $5K or more.
You were in a bike lane, obeying traffic laws. She failed to yield and caused an accident. "I didn't see you' is not an absolution from liability.
Glad to see that you're being taken care of. I'm still waiting on my insurance check for my bike; took three weeks to get my police report, and it's been almost two weeks since I filed the insurance claim and they still have yet to tell me it has been resolved.
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