Commuting - Hit by a car - got some questions...

So this morning I got hit by a car for the first time.
The woman going the opposite direction made a left into a driveway that I was crossing.
She saw me just as she hit me. I was right in front of the car so i ended up rolling over the hood on my back before ending up on the ground on the other side of the car. I was ok, the bike not so much. Front wheel is taco-ed, the back wheel won't move, chain is off...
She stopped and gave me all her insurance info. I also called the police and they just said to stop by and fill out a report when i have a chance since i wasn't really hurt and I already have her info.
So I assume my next step is to call her insurance company about the bike? Or should i call my own auto insurance and let them deal with it?
Other than a bruised leg muscle on the opposite side of the one that got hit (maybe the bike seat pushed into it?) I seem to be right as rain.

Oooh man! Glad you are ok.

No real experience with getting a bike covered by insurance, but offhand, I don't think your insurance company would handle it unless it also covered your bike(?).

Take care to make sure you're really ok, and I hope you get back on the road soon.

Oooh man! Glad you are ok.

No real experience with getting a bike covered by insurance, but offhand, I don't think your insurance company would handle it unless it also covered your bike(?).

Take care to make sure you're really ok, and I hope you get back on the road soon.

Thanks!
Ok, ya that's what i was thinking about the insurance.

I've been hit by a car, not seriously either, just a skinned knee. It happened right in front of a fire station so paramedics were there instantly and police were called. I got the drivers insurance info and contacted her insurance company myself. I ended up giving a deposition over the phone, weeks later, which others told me afterwards was NOT a good idea without my own legal representation.

My bike is not covered by my auto insurance, possibly homeowners. I also went to see a doctor the same day to document an aching shoulder. Some injuries show up weeks later. I'd say at minimum the proper accident procedure is to get a police report at the scene and go see your doctor the same day. This will help you recover both property and medical costs that may arise. In my case, the drivers insurance covered both my property (rip in jacket and pants) and pain and suffering.

I also followed up with the police officer, get the accident number and officer name at the scene. Good thing, because the driver had also called the officer and questioned my account. The officer said she wouldn't have filed the accident report if I had not called back to check up.

Glad to hear you're OK. I'd get an estimate for fixing the bike and call the lady first. She'll probably just want to pay herself if it's less than her deductible, $250 or $500.
But those were carbon-alloy rims right :) ? But seriously, if she was nice, and apologetic, and you know you aren't hurt, I'd try to help her contain costs as much as possible.

get a police report. You should have gotten the police to come and cite her for failure to yield, but nevertheless, don't go to her insurance company before you have a police report. Without it, they will claim no fault and deny a cliam. If you haven't, go to your Dr. and get checked out. This checkup and any incidental medical care (<$1000) should be covered by the drivers Med-Pay coverage (depending on which state H-town is in) regardless of fault. When you talk to the insurance company, be guarded with what you say. Give facts and don't expand on answers. If a question is yes/no, answer only yes/no. Also, get an estimate to repair your bike from your LBS, or if its a goner, get that documented as well as its value. Do all this before you talk to the insurance company so you have a good idea what to claim as damage.

Oh, if they ask you how you feel, do not say fine. Say you went to the doctor, and are waiting to see if your injuries require further treatment.

Glad to hear you're OK. I'd get an estimate for fixing the bike and call the lady first. She'll probably just want to pay herself if it's less than her deductible, $250 or $500.
But those were carbon-alloy rims right :) ? But seriously, if she was nice, and apologetic, and you know you aren't hurt, I'd try to help her contain costs as much as possible.


FYI, this is a PD claim so there is no deductible.

Thanks guys!
i talked to the insurance, and did mention that i felt ok at the moment. But I am going to the doctor this afternoon to make sure. Meanwhile they said they will be getting in touch with me about the bike. They said i may have to bring it to an lbs to get checked out but he wasn't familiar with how the claims dept would deal with it.

And in Houston the police don't want to come out (even for car accidents) unless someone needs an ambulance. If it's just a matter of getting each others info they make us do that ourselves now. :mad:

With my incident, I took my bike to the LBS, gave them the insurance fax number, and they faxed the estimate of damage, including clothing, directly to the insurance adjustor. The shop said the adjustor also visited the shop and took pictures of the damage to my bike and bob trailer. I think this is analogous to how they handle car-car collisions, just think of LBS instead of auto mechanic. The insurance paid for a week of bike rental while mine was in the shop.

I've also been in the situation where the dispatcher was reluctant to send out an officer (city of St Louis as opposed to the County). She asked if I was injured (this was another incident involving a school bus). I answered honestly that I wasn't, but that I wanted to file a report. I stayed on the phone until she handed me over to her supervisor and then insisted they send out an officer. It took awhile, but they finally came out.

What part of Houston did you get hit in? I live North of Houston (Lake Conroe) but have been thinking about riding around Houston on the weekends for a change of scenery.

Glad to hear you are ok! I hope that the insurance payoff works out ok too!

get a police report. You should have gotten the police to come and cite her for failure to yield, but nevertheless, don't go to her insurance company before you have a police report. Without it, they will claim no fault and deny a cliam. If you haven't, go to your Dr. and get checked out. This checkup and any incidental medical care (<$1000) should be covered by the drivers Med-Pay coverage (depending on which state H-town is in) regardless of fault. When you talk to the insurance company, be guarded with what you say. Give facts and don't expand on answers. If a question is yes/no, answer only yes/no. Also, get an estimate to repair your bike from your LBS, or if its a goner, get that documented as well as its value. Do all this before you talk to the insurance company so you have a good idea what to claim as damage.

Oh, if they ask you how you feel, do not say fine. Say you went to the doctor, and are waiting to see if your injuries require further treatment.

My first question was why the police didn't come out..? It's mandatory in my state as well as a couple neighboring ones.

robncindi, it was on Old Katy Road just north of the katy freeway.
Contact West End Bikes if you want to ride around the downtown area. They do organized rides.



My first question was why the police didn't come out..? It's mandatory in my state as well as a couple neighboring ones.

Ya, one of the reasons I dis-like Houston. (no offense meant to fellow houstonians)
NY was like your state... it was a mandatory and the officer filled out the report right there.

In reading my post it appears that I may sound like I'm urging you to try to milk the claim for all you can get. I want to say that I don't intend that. I just think you need to be careful what you say so you don't inadvertently give up rights. I have seen a case where an adjuster asked if a guy was okay and he said yes. Turned out that he had strained his neck, and needed to be in traction. The company denied the claim though, claiming it was fraudulent because they had documented that he was "ok" at the scene. The problem is that the interview was immediately after the incident and the problem didn't develop until a few days later when he finally went to the hospital. That's why I suggested both going to the doctor (to make sure everything really is okay), and not telling the agent you are fine, since it could complicate your claim if later you find out that you are not.

Here's hoping everything goes smoothly for you.

So I assume my next step is to call her insurance company about the bike? Or should i call my own auto insurance and let them deal with it?

Folks. This is why cyclist don't get any respect. The accident was caused by the driver and he wants to file a claim with HIS insurance company thus raising HIS premiums! UNBELIEVABLE.

It's time to fill out the papers for small claims court for the max. The insurance company will not go to court and settle because it will cost more in legal fees to represent your case. They will then hand over a check that will pay for pain and suffering. Enjoy

Glad to hear you're OK. I'd get an estimate for fixing the bike and call the lady first. She'll probably just want to pay herself if it's less than her deductible, $250 or $500.
But those were carbon-alloy rims right :) ? But seriously, if she was nice, and apologetic, and you know you aren't hurt, I'd try to help her contain costs as much as possible.

Forget the $500.00 bucks. You were nearly killed. I received $1,500.00 dollars from the insurance company after being doored! You're wasting time if she doesn't pay and will more than likely not have any money since it's the Christmas season.

Trust me. When it comes to giving you money, people become very different people!

Folks. This is why cyclist don't get any respect. The accident was caused by the driver and he wants to file a claim with HIS insurance company thus raising HIS premiums! UNBELIEVABLE.

It's time to fill out the papers for small claims court for the max. The insurance company will not go to court and settle because it will cost more in legal fees to represent your case. They will then hand over a check that will pay for pain and suffering. Enjoy

your ascertations are pretty much false. I worked for an insurance company for a little while (in claims) and the advice you gave is not true. The insurance company will take your case to court unless your lawyer reaches a settlement. His premiums most likely won't be raised as his insurance company will get the money back from the "guilty" party's insurance company.

D2Create - I would actually contact her insurance company for two reasons. One, they should now about the accident for their records. Two (most importantly), her insurance company will take care of you (assuming it's one of the bigger ones) because they want to make sure you aren't going to come back in a year or so and take them to the cleaners. You seem like a level head guy (read not "sue happy") so just make sure you get the police report and I would get checked out by your doctor; her insurance company should pay for it.

Edit: Figured I'd just add to my existing post....

Folks. This is why cyclist don't get any respect. The accident was caused by the driver and he wants to file a claim with HIS insurance company thus raising HIS premiums! UNBELIEVABLE.

It's time to fill out the papers for small claims court for the max. The insurance company will not go to court and settle because it will cost more in legal fees to represent your case. They will then hand over a check that will pay for pain and suffering. Enjoy

I agree with Dahon. Most (say 95%) of people are really decent human beings. If one of these hits you with their car, even unintentionally, my experience is they usually are totally apologetic and concerned at the scene, which I believe is genuine. These are not mean, evil, people. However, with the passage of time, the empathy subsides, and the reality of higher insurance premiums, court costs, legal fees, sets in. They think they need to protect themselves. Then the tone changes. The story may even change. Then it gets ugly. Then they will try to get away with as little punishment and cost to themselves as possible. This is simply human nature.

Those aren't dumb questions at all. If there is a good side to this, my experience with almost the exact scenario had me being yelled at for not wearing brighter colors (red shirt not bright enough).
As a former courier I have lost count of how many cars I've hit or been hit by. Takes a few before you realize, as long as you walk away it is much better than just falling and hitting the ground.

Really! The ground is way down there and hard, a car hood is next to you and like a mattress. The worst part is the half hour of shaking afterwards (and the cash you spend on new parts).

Anyways, back to topic .... if at all possible do not involve your insurance company, unless you feel your premiums are not high enough and you'd like to give them more every month.

Update...

Her insurance is supposedly taking care of it. I talked to them and they said i would hear back shortly. I only asked about my insurance to see if it was something they should be handling instead of me going direct. Obviously I wasn't going to try to claim it under my own insurance when it was the driver of the car who was at fault. I did call my insurance and they said they would take over if the driver's insurance gave me any hassles.

As far as suing, that's just not me if there is no reason for it. The woman was genuinly sorry and was more freaked out about the whole thing than i was. She is even the one who brought up the whole insurance info thing. I was too preoccupied with trying not to strangle her and looking at my poor mangled bike lying on the ground. So now I'm just waiting on her insurance to get back to me. And as long as the whole doctor thing checks out ok, I have no reason to ask for anything but the replacement of the damaged goods. We have enough frivolous lawsuits in this country and enough pissed off drivers out there. We don't need another of either of those. ;)

Thanks for all the help so far!

In mid-October I collided with a guy who turned left in front of me. I went over the hood, scraped up my left size, broke my right scaphoid (in the wrist), and the bike was destroyed. I was taken away in an abulance. Here's how the insurance works out for me (in PA):
1. My auto covers my medical bills because auto is "primary" in PA. Thus, my health insurance does not pay for anything in this case.
2. My home owners insurance covers my bike and other damaged property (jacket, glasses, etc). They pay me the purchase price less decreciation and my deductible.
3. When I replace the damaged goods, my home owners insurance returns the depreciation amount (because my policy covers replacement costs).
4. My home owners company goes after the auto driver's auto insurance. When they get reimbursed, they send a third check for my deductible.

Frankly, the whole thing seems wildly overly complicated. I'm just glad the that brace is coming off of my wrist in a week. --Ken

When I has hit by a car in NY, I was told by the hospital to notify my insurance co. to get the claim in the "system". They denied it within an hour and contacted the insurance co. of the lady that hit me. After her insurance was notified, all medical bills were sent to her insurance. I got an estimate for the damages to my bike, helmet, clothes etc. and sent it to her insurance company. After they sent an appraiser and verified the damages were accurate, they sent me a check for the property damage.

Your state may have a different procedure. But then in NY it does help that ALL car/bike collisions are the liability of the motorist, or so said my attorney.

Update...

I was too preoccupied with trying not to strangle her and looking at my poor mangled bike lying on the ground.

... lol, quote of the day gentlemen.

When I has hit by a car in NY, I was told by the hospital to notify my insurance co. to get the claim in the "system". They denied it within an hour and contacted the insurance co. of the lady that hit me. After her insurance was notified, all medical bills were sent to her insurance. I got an estimate for the damages to my bike, helmet, clothes etc. and sent it to her insurance company. After they sent an appraiser and verified the damages were accurate, they sent me a check for the property damage.

Your state may have a different procedure. But then in NY it does help that ALL car/bike collisions are the liability of the motorist, or so said my attorney.


Heh, I got hit by a car today and did the stupid thing of getting up and saying I'm okay, and with that poof the woman was gone. My knee is killing me I really should have stopped her and gotten her information seeing as I don't have insurance. Ah well, you live you learn.

Update...

Her insurance is supposedly taking care of it. I talked to them and they said i would hear back shortly. I only asked about my insurance to see if it was something they should be handling instead of me going direct. Obviously I wasn't going to try to claim it under my own insurance when it was the driver of the car who was at fault. I did call my insurance and they said they would take over if the driver's insurance gave me any hassles.

Keep at them about it. "Don't call us, we'll call you" is the oldest scam in the book".

Keep at them about it. "Don't call us, we'll call you" is the oldest scam in the book".

I was very leary of dealing directly with the insurance adjustors in my case (State Farm). To their credit, I think they were dealing with me squarely (unless I was totally snowed). At any rate, they did tell me to wait several weeks to make sure all the medical issues were resolved before settling. And they were fairly prompt in returning my calls, two days.

The only part where I thought they were being tricky was during the telephone deposition with some of the question, eg. "So the vehicle that hit you was a 2002 Jeep Grand Cherokee?" My first thought was that wasn't the exact make of the vehicle and I had no idea of the year so I just answered that I didn't know and that it was some sort of jeep model, that I saw the words "Jeep" on the grill. Looking back, I wonder if she was trying to trick me into saying it was a year/make/model other than the owners.

That is very interesting to hear how the cases were handled in NY and PA. I never even thought of calling my own insurance company. I might give them a call just to see how they would have handled it . . . for next time.

In the UK I'm a member of the British Cycling Federation.
I have Gold membership (~ $90 per annum). This provides me with insurance in case I cause an accident. But it also provides me with legal representation in case I'm the victim of an accident. You must have something similar in the US.

I was very leary of dealing directly with the insurance adjustors in my case (State Farm). To their credit, I think they were dealing with me squarely (unless I was totally snowed). At any rate, they did tell me to wait several weeks to make sure all the medical issues were resolved before settling. And they were fairly prompt in returning my calls, two days.

The only part where I thought they were being tricky was during the telephone deposition with some of the question, eg. "So the vehicle that hit you was a 2002 Jeep Grand Cherokee?" My first thought was that wasn't the exact make of the vehicle and I had no idea of the year so I just answered that I didn't know and that it was some sort of jeep model, that I saw the words "Jeep" on the grill. Looking back, I wonder if she was trying to trick me into saying it was a year/make/model other than the owners.

That is very interesting to hear how the cases were handled in NY and PA. I never even thought of calling my own insurance company. I might give them a call just to see how they would have handled it . . . for next time.

I think you have the benefit of a "legitamite" insurance company to deal with. The question she asked was leading (giving you the year and model, etc.) and that's what surprises me. I'd have just asked what kind of vehicle hit you. I don't think that State Farm would be trying to snow you. It sounds like the 3 week wait time is reasonable, as you should know in 3 weeks whether or not you are going back to the doctor/physical therapist/etc.

I was very leary of dealing directly with the insurance adjustors in my case (State Farm). To their credit, I think they were dealing with me squarely (unless I was totally snowed).

This is also a State Farm case. They did seem fair during the phone call this morning that they said they were taping. They did ask me about the doctor visit yesterday but i told them i don't know the results yet.

In the UK I'm a member of the British Cycling Federation.
I have Gold membership (~ $90 per annum). This provides me with insurance in case I cause an accident. But it also provides me with legal representation in case I'm the victim of an accident. You must have something similar in the US.

There is the League of American Bicyclists. I don't know if they offer insurance. Anyone know if they do?

OK, I was curious so I looked up the LAB web page and didn't find any mention of insurance . . .

http://www.bikeleague.org/members/discounts.html

I know USA Cycling offers insurance for racers when they crash during a race, but that doesn't help me as a commuter. That does it, I'm moving to the UK!!!

This is also a State Farm case. They did seem fair during the phone call this morning that they said they were taping. They did ask me about the doctor visit yesterday but i told them i don't know the results yet.

I had several preliminary calls I don't recall being taped. For the formal deposition, they made it very clear they were taping it and that it had legal implications. It would make me nervous if they taped just a regular conversation. I imagine they could use that in court if it came to that.

robncindi, it was on Old Katy Road just north of the katy freeway.
Contact West End Bikes if you want to ride around the downtown area. They do organized rides.




Ya, one of the reasons I dis-like Houston. (no offense meant to fellow houstonians)
NY was like your state... it was a mandatory and the officer filled out the report right there.

I AM in Houston. o_O Northside :) WTF man? In fact, if it is an auto accident it is unlawful to MOVE your car into the cops arrive.

I AM in Houston. o_O Northside :) WTF man? In fact, if it is an auto accident it is unlawful to MOVE your car into the cops arrive.

Ya, not anymore though.
Now they make you move your car out of the way of traffic if possible and get all the info yourself.
Not enough man power in the Houston police force anymore to send out a cop for every little accident. :mad:
But this is assuming it's a minor accident and no one was hurt.

A few years ago, (when I was younger and more stupid) a car full of teenagers drove by while I was riding in the opposite direction, and began to yell at me. So, being young and stupid, I flipped them the middle finger. Moments later, the same car was next to me going the same direction at about 30 miles an hour, and the passneger opened his car door onto me.(I was in the 10 gear on an 10speed road bike) Needless to say, I went flying over the handlebars and onto the street. A witness saw the whole incident, but the license plate number he copied down was incorrect. Also, I didnt get much help from the police. Fortuently, my bicycle only needing a quick tune up at the bike shop, and I only suffered a bad case of road rash.

I had several preliminary calls I don't recall being taped. For the formal deposition, they made it very clear they were taping it and that it had legal implications. It would make me nervous if they taped just a regular conversation. I imagine they could use that in court if it came to that.

What you gave over the phone is usually termed a recorded statement.
A "deposition," which is a method of oral fact discovery intended for formal court proceedings, is sworn to under oath by you and can be transcribed by a stenographer and/or videotaped. If you gave one of those, you certainly should have been represented by a lawyer.
A formal recorded statement for use in insurance private arbitration proceedings is called a sworn statement and is usually taken before a stenographer and/or videotaped. If you gave one of those, you probably should have been represented by a lawyer.

(Giving false information for an insurance claim is a crime, so giving information under oath is not critical as a claimant can find him or herself in major trouble.)

It's possible in court or arbitration proceedings to introduce evidence against you that at some date before your testimony you made a prior inconsistent statement; your prior inconsistent statement could be unsworn, but there are legal issues such as to what extent it has to be in conflict with formal testimony in order to be admitted into evidence at the proceeding.

As to State Farm, just like most insurance companies facing modest claims, they will attempt to quickly settle your claim with an informal investigation. They realize the amount involved is best minimized if they are polite and appear reasonable. However, they have no obligation nor inclination to help you. While it's generally one of the better companies, State Farm has been found on occasion to have committed unfair settlement practices.

They won't show unless there is injury. If you're bruised, then you're injured. You need to get a police report. If they won't come out, then you're dazed and it hurts to move. Anything to get them on the scene to do the report. I have a friend who even with the report, broken shoulder, car at fault is fighting the insurance company in court now because they weren't wanting to pay for his medical bills in full, and only wanted to give him a couple hundred for a Dura Ace equipped bike. He has police reports and everything and they're still trying to shaft him. He just wants his medical covered and the bike replaced. Now it's medical, plus lawyer fees, etc... When you get into a situtation like this, the key is documentation.

Mark