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Old 08-02-08, 10:53 AM   #1
playera
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AFter In was hit by a car will I get my bike repaired?

I read some amazing stories here about cyclists's collisions with cars. They usually ask the question of whether the car driver's insurance will pay for some pissant damage to their bike and then tell a story of suffering some physical injuries as well as damage of some kind (minor or major) to their bike.

Folks, if a car hits you and the collision is not your fault, you're in line for a major settlement from the driver's insurance company that will definitely pay for damage to your bike, as well as medical charges for personal injury, etc.

If you are hit by a car, even a little bit, call the police and file an accident report. Learn how an insurance claim and settlement should be handled by you, the claimant. Maybe get an attorney. Don't talk to the insurance company to admit anything that questions whether you were at any fault.

Personal injury claims from an automobile accident can run thousands of dollars. Repairing or replacing your bike could be a minor part of an ultimate settlement. And, don't be so noble about your "minor injuries" and just getting repairs done to your bike. Get what is due. After all, the person who hit you didn't care that you have rights to the road, too.

I'm not ranting to get an unfair, dishonest insurance payment. I have read a lot of threads here where people have screwed themselves.
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Old 08-02-08, 11:11 AM   #2
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I talked to my insurance guy about this and he wasn't nearly as clear as you were. I told him I commute both in and out of traffic and what if I get hit, or if I hit someone else (to be fair) He was all up on what my insurance would cover for everyone elses injuries, and my HO policy that would cover liability, but wasn't nearly as fluent when I put myself in the reverse position of "what if I get hit". Maybe Ill start carrying a camera, too....
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Old 08-02-08, 11:16 AM   #3
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At the end of the day everyone who rides a bike should have health insurance imo. If you get knocked up pretty bad the health insurance should cover at least anything serious.
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Old 08-02-08, 11:33 AM   #4
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Get a copy of "Bicycling and the Law". It's got some good info.....

You should see the other thread about what to do if hit by a car - the main things are to document the scene, identify witnesses and get their statements, and seek medical attention.

Document EVERYTHING. Don't take anybody's word for anything, get it all in writing.

As far as who pays for what, here's generally how it breaks down (if you get hit, and or it's the other guy's fault).

If you have it, your auto insurance will likely pay for your medical costs - MedPay coverage will pay for your injuries if you're injured in an auto accident, whether you're in a car, on a bike, or as a pedestrian. They'll go after the other guy's insurance company to get their money back. You don't need to get in the middle of it. If you run out of money in that coverage, next up would be your Uninsured Motorist Coverage. If you have health coverage separate from that, they may pay for your costs, but they'll want to know if it was an auto accident, because they will subrogate those costs with the other auto carriers.

The other guy's auto insurance should pay for your property damage. Again, documentation is key. It's just like an auto accident. I'd get detailed estimates from a bike shop that will give you good docs to send to the insurance company. I'd also send photos of the damage. I'd include the cost of any damaged accessories, and the cost to move any parts to a new bike. (Note: I've sent my estimates to the other guy's insurance company for my 6/23 accident, but I haven't heard back yet - that's pretty frustrating, because the other guy's car was fixed 2 weeks ago).

If you have injuries, the other guy's insurance will likely offer you a settlement at some point. It's good to compare that with what a good attorney could recover for you minus their contingency fees.

One other item - his insurance company will likely want to record a statement from you. There is no benefit to you to doing this. They want to get you on record as minimizing your injuries. The other guy's company called me 2 days after the accident, and wanted to record a statement from me.
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Old 08-02-08, 11:44 AM   #5
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Originally Posted by playera View Post
I read some amazing stories here about cyclists's collisions with cars. They usually ask the question of whether the car driver's insurance will pay for some pissant damage to their bike and then tell a story of suffering some physical injuries as well as damage of some kind (minor or major) to their bike.

Folks, if a car hits you and the collision is not your fault, you're in line for a major settlement from the driver's insurance company that will definitely pay for damage to your bike, as well as medical charges for personal injury, etc.

If you are hit by a car, even a little bit, call the police and file an accident report. Learn how an insurance claim and settlement should be handled by you, the claimant. Maybe get an attorney. Don't talk to the insurance company to admit anything that questions whether you were at any fault.

Personal injury claims from an automobile accident can run thousands of dollars. Repairing or replacing your bike could be a minor part of an ultimate settlement. And, don't be so noble about your "minor injuries" and just getting repairs done to your bike. Get what is due. After all, the person who hit you didn't care that you have rights to the road, too.

I'm not ranting to get an unfair, dishonest insurance payment. I have read a lot of threads here where people have screwed themselves.
Be Real: 25 % of autos stopped by DPS Do Not Have Insurance.
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Old 08-02-08, 01:02 PM   #6
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Be Real: 25 % of autos stopped by DPS Do Not Have Insurance.

Well, it's probably difficult to get insurance as an illegal alien. Florida, on the other hand, is very strict. It's impossible to register a car without insurance, and if one has insurance and then lets it drop, the insurance company notifies the state and the driver's license is automatically suspended.
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Old 08-02-08, 01:57 PM   #7
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At the end of the day everyone who rides a bike should have health insurance imo. If you get knocked up pretty bad the health insurance should cover at least anything serious.
Mine doesn't, not in an auto accident. It might backstop if there's no car insurance involved (either from me, though not in a car, though I'm not sure about that, or the driver). When I was hit by a car (rear-ended in bike lane), I gave my health insurance while I was waiting for the claim to shape up, and as the whole process worked through, my health insurance started billing me back for stuff they had paid. I wound up directing them toward the insurance of the guy who hit me, but it was definitely a hassle all around.


I wound up hitting a car just yesterday, on the way home. Traffic was backed up ~3 miles from the freeway onramp and I was just tooling along in the bike lane passing them all (pushing hard into a nasty headwind), when I got to an intersection a guy coming the opposite direction tried his darndest to left hook me but I hit the brakes in time and only just bumped his quarter panel. Bump, just enough to hear it, no damage to my bike. I didn't check his car. I wondered after the fact if I might have been lucky to not have my fork or even headtube bend back under me. Anyway, he was apologetic (it's like the opposite of 3 of 4 car lanes stopping to wave you through while the 4th is intent on killing you, this guy had 2 car lanes letting him through but not me).
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Old 08-02-08, 01:59 PM   #8
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ps-> playera is right that the bike is a trivial portion of the overall claim if there is injury. As long as the driver is insured and there is a claim of course. Otherwise you gotta sue him yourself.
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