Southern California - Got hit by a car, need advice for insurance stuff... thanks!

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atlantic
04-29-09, 02:26 AM
Hey all,

this is the first thread ive started, so sorry in advance if i commit any bike forum faux pas.

About two weeks ago I was riding through a parking lot on the loyola marymount campus going to lacrosse practice with my lax bag slung over my shoulder. While making a left hand turn (i was going pretty slow, riding with a big bag is awkward), a car hit me with his front right fender while speeding towards an exit, going 15-25, hard to tell... He knocked the bike out from under me and i rolled onto his hood, into his windshield and off. Luckily i didnt sustain any really serious injuries, maybe a broken kneecap and a ton of glass in my elbow (no head or back injuries).

At first the kid who hit me was super nice, helped me get to practice so someone could drive me to the hospital, and initially offered to pay for damages. I contacted him a little bit later, telling him it would be about 200 dollars to replace the wheelset, fork, pedals and handlebars which were all damaged significantly. I thought this was pretty reasonable, considering i wasn't going to file an insurance claim which would jack up his premium.

He obviously knew nothing about bicycles because he said he didnt understand how a "tire" could cost 200 dollars to repair, and said he didnt have the money because he wasnt expecting it to cost so much. He also said he didnt want to file an insurance claim. After arguing with him over facebook for a couple days, he seems to have convinced himself hes not at fault. I havent seen the police report yet...

I filed an insurance claim, but now im having doubts about whether or not he actually is at fault, because i pulled out in front of him, or if im right. If anyone has a similar experience, or advice, or knows a guy who can fleece this s.o.b. for my cash, id appreciate the feedback.


alicestrong
04-29-09, 07:25 AM
Get yourself a copy of the police report.

Are you insured as a motorist?

Probably not the best idea to have Facebook/Internet convos regarding your liability.

urbanknight
04-29-09, 08:34 AM
I'm not sure who is at fault either, but you could get the police report and file a claim with the DMV. They will decide who is at fault. Just don't be surprised if the driver then makes you pay for repainting his hood (more than $200). YMMV


atlantic
04-29-09, 10:15 AM
Someone told me once that bicycles are often treated as pedestrians because its a a human powered vehicle, not motorized, is this true? the laws are kind of hard to sort out online...

also, is the fact that he was speeding more important than who was in who's lane? sorry if these questions are kind of noob, i just dont want to get bitten in the ass for making a big deal over 200 bucks, but it would really suck if i would basically have to pay like 3 or 4 hundred including med. bills for getting creamed by a student.

what is the difference between filing a claim with the DMV and his insurance company? I've already filed one with his insurance, but havent solidified anything b/c they havent called me back yet.

thanks for replies so far

urbanknight
04-29-09, 10:41 AM
Usually, the insurance company will send a DMV report to their client to fill out if they deem it necessary. As to the which is more important, I'd almost expect the DMV to declare both parties 50% at fault so pay for your own damages. The guy's insurance company, however, might try to pin it on you so they don't have to pay anything.

I'm not a lawyer or an expert, though. This is just my guess based on my and my firends' experiences.

If you're doubting your guilt, you may want to just sit tight and see what his insurance company does.

alicestrong
04-29-09, 10:51 AM
You got hit. Is there a reason you don't want to just get an attorney?

They get paid to sort this kind of stuff out...

Was the driver issued a citation?

snowman40
04-29-09, 12:59 PM
the internet is forever....well....so long as there is electricity and humans

DScott
04-29-09, 01:11 PM
Contact this guy, he's a bike lawyer, and at th very lest will point you in the right direction here: http://www.bicyclelaw.com/

You can trust his input. Good luck!

atlantic
04-29-09, 01:49 PM
cool, thanks for the advice everyone!

AngeloOldSpokes
04-29-09, 08:12 PM
dude

you're not sure? you're questioning your own culpability? you're posting on internet blogs?

there's an old saying, goes something like this --- a man who represents himself has a fool for a lawyer!!!

hire an injury attorney immediately, on contingency, and let him sort this out for you and secure your interests.