Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Commuting Bicycle commuting is easier than you think, before you know it, you'll be hooked. Learn the tips, hints, equipment, safety requirements for safely riding your bike to work.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 04-25-09, 05:17 PM   #1
bottlecape30
Senior Member
Thread Starter
 
Join Date: Aug 2008
Bikes:
Posts: 73
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Got into an acident today

So i got out of work today and went to cross the street, looked both ways and didn't see any cars. Started to cross and there is a little kia behind the dumpster next to me. We collided and the windsheild of the car was cracked and a dent on the hood. My front brake rotor is a little bent but i'm fine. The girl says that her insurance won't cover the damage and i don't have the money to do so. Anyone every been in this situation before?
I feel her comprehensive insurance should cover this damage, that is what it is for right?
Any suggestions or help would be great thanks.
bottlecape30 is offline   Reply With Quote
Old 04-25-09, 05:21 PM   #2
Doohickie 
You gonna eat that?
 
Doohickie's Avatar
 
Join Date: Sep 2008
Location: Fort Worth, Texas Church of Hopeful Uncertainty
Bikes: 1966 Raleigh DL-1 Tourist, 1973 Schwinn Varsity, 1983 Raleigh Marathon, 1994 Nishiki Sport XRS
Posts: 14,460
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 44 Post(s)
She might not have comprehensive insurance. Who was at fault? A picture of what happened might help to figure it out.
__________________
I stop for people / whose right of way I honor / but not for no one.



Originally Posted by bragi "However, it's never a good idea to overgeneralize."
Doohickie is offline   Reply With Quote
Old 04-25-09, 05:43 PM   #3
prathmann
Senior Member
 
Join Date: Nov 2008
Location: Bay Area, Calif.
Bikes:
Posts: 6,231
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 153 Post(s)
Yes, we don't carry comprehensive on our older cars, and on the new ones it has a $1000 deductible so wouldn't be of any use for a windshield crack. Your description of the incident doesn't make it clear whose fault it was. Do you have homeowner's or other liability insurance? If so then that should cover the damage if you're at fault. In the absence of insurance the cost should be covered by the at-fault party.
prathmann is offline   Reply With Quote
Old 04-25-09, 05:48 PM   #4
bottlecape30
Senior Member
Thread Starter
 
Join Date: Aug 2008
Bikes:
Posts: 73
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I crossed because i didn't see any cars but, i hit her

_____
l ----l
l-----l < >
l-----l
l-----l < >
_____


H H

The box would be the dumpster and the <> are the car I would be the H H
I was moving to the right to cross and she was moving down.

I thought it was safe to cross because i couldn't see her.
bottlecape30 is offline   Reply With Quote
Old 04-25-09, 06:03 PM   #5
CCrew
Older than dirt
 
CCrew's Avatar
 
Join Date: May 2008
Location: Winchester, VA
Bikes: Too darn many.. latest count is 11
Posts: 5,343
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Sounds like your fault. Glad you're ok, but you should be making it good. That said, since you had no insurance, if you live in a state that requires uninsured motorist coverage tied to an auto policy, she could claim against that. You then run the risk of the ins company suing you for $ which in the end is going to be even more than if you paid for it in the first place.
CCrew is offline   Reply With Quote
Old 04-25-09, 06:14 PM   #6
bottlecape30
Senior Member
Thread Starter
 
Join Date: Aug 2008
Bikes:
Posts: 73
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I by no means would let it go as far as suing in court. I would make good on it before it got that far. I was quite sure in NY state you had to have comprehensive and it would cover it, being a no fault state.
bottlecape30 is offline   Reply With Quote
Old 04-26-09, 11:25 AM   #7
bmclaughlin807
Crankenstein
 
bmclaughlin807's Avatar
 
Join Date: May 2006
Location: Spokane
Bikes: Novara Randonee (TankerBelle)
Posts: 4,038
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
You don't give any info on stop signs, right of way, etc. No way to say which of the two of you was at fault.

BUT.... whoever placed the dumpster there where it's blocking view of an intersection bears some fault in the accident. I'd look into it. Most places have zoning or other laws regarding blocking views at an intersection.
__________________
"There is no greater wonder than the way the face and character of a woman fit so perfectly in a man's mind, and stay there, and he could never tell you why. It just seems it was the thing he most wanted." Robert Louis Stevenson
bmclaughlin807 is offline   Reply With Quote
Old 04-26-09, 11:28 AM   #8
jtarver
Rumblefish
 
jtarver's Avatar
 
Join Date: Dec 2007
Location: Austin Texas
Bikes: 1973 Crescent Pepita Single Speed,1978 Raleigh Competition G.S.,1976 Raleigh Super Course MKII,1970's Motobecane Super Touring Fixed Gear, 1980's Denti Road Tech Five,Gary Fisher Hoo Koo E Koo,1973 Atala Giro,Cheap MTB Tandem,Schwinn World Sport
Posts: 688
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
You f'ed up, pay the lady.
jtarver is offline   Reply With Quote
Old 04-26-09, 02:17 PM   #9
fearfeasog
Gaeilgeoir
 
fearfeasog's Avatar
 
Join Date: Jul 2008
Location: Holyoke, MA
Bikes: 2003 Giant Iguana (ONCE yellow), '86 Team Fuji (Blue/Yellow), '87 Schwinn Le Tour (Frost White)
Posts: 264
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
hmmm, yeah. prolly shudda peekd around the dumpster, but it's an easy mistake to make. and don't take her word about the insurance--look into it yourself first if you can. then go from there. she might just be unwilling to make a claim for fear it'll reflect on her record.
fearfeasog is offline   Reply With Quote
Old 04-26-09, 02:26 PM   #10
pacificaslim
Surf Bum
 
Join Date: Aug 2008
Location: Pacifica, CA
Bikes: Lapierre Pulsium 500 FdJ, Ritchey breakaway cyclocross, vintage trek mtb.
Posts: 2,176
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Many auto insurance policies will cover windshield repairs without the usual deductible. Look into that.
pacificaslim is offline   Reply With Quote
Old 04-26-09, 05:57 PM   #11
CCrew
Older than dirt
 
CCrew's Avatar
 
Join Date: May 2008
Location: Winchester, VA
Bikes: Too darn many.. latest count is 11
Posts: 5,343
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by pacificaslim View Post
Many auto insurance policies will cover windshield repairs without the usual deductible. Look into that.
You miss that he also dented her hood. I'm sorry, even as a cyclist, if I wasn't at fault and hit a cyclist with my car/cyclist hit me I wouldn't want to claim it nor pay money out of my pocket.
CCrew is offline   Reply With Quote
Old 04-26-09, 06:57 PM   #12
urban_assault
53 miles per burrito
 
urban_assault's Avatar
 
Join Date: Sep 2001
Location: Ft Worth, TX
Bikes: Land Shark, Trek 1000, Iron Horse Rogue, Novara Randonee
Posts: 1,487
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by bmclaughlin807 View Post
You don't give any info on stop signs, right of way, etc. No way to say which of the two of you was at fault.

BUT.... whoever placed the dumpster there where it's blocking view of an intersection bears some fault in the accident. I'd look into it. Most places have zoning or other laws regarding blocking views at an intersection.
To the OP:

Also, maybe I missed it, but were you on the sidewalk or riding on the road? It's hard to tell by the diagram.

Just curious.
urban_assault is offline   Reply With Quote
Old 04-26-09, 07:36 PM   #13
rumrunn6
Senior Member
 
rumrunn6's Avatar
 
Join Date: Jul 2008
Location: 25 miles northwest of Boston
Bikes: Bottecchia Sprint
Posts: 14,631
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 272 Post(s)
let her sue you - she is the one with the damage
rumrunn6 is offline   Reply With Quote
Old 04-26-09, 08:34 PM   #14
AlmostTrick
Yabba-Dabba-Doo!
 
AlmostTrick's Avatar
 
Join Date: Feb 2006
Location: Bedrock, IL
Bikes: 1968 Schwinn Orange Krate, 5 speed stick shift
Posts: 4,894
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 58 Post(s)
Was an accident report filled out or a citation issued? If so, were you cited as being at fault? If yes, then you should pay up. My homeowners insurance policy payed out for motor vehicle damage I caused in a crash with my bike.
AlmostTrick is offline   Reply With Quote
Old 04-26-09, 09:51 PM   #15
iflyskyhawks
Member
 
iflyskyhawks's Avatar
 
Join Date: Jul 2008
Location: San Antonio, Texas
Bikes: 2006 Felt F75, 2005 Gary Fisher Tassajara
Posts: 49
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
First of all, I'm glad you're OK.

I used to work in insurance claims.

The accident is actually a "collision" loss, not a comprehensive. If she was carrying liability only and you don't have insurance (e.g. homeowners or auto insurance of your own) then her uninsured motorist coverage on her policy will fix her damages. As someone stated here, her insurance company might subrogate against you to reimburse them for their payout.
iflyskyhawks is offline   Reply With Quote
Old 04-27-09, 07:13 AM   #16
bottlecape30
Senior Member
Thread Starter
 
Join Date: Aug 2008
Bikes:
Posts: 73
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by urban_assault View Post
To the OP:

Also, maybe I missed it, but were you on the sidewalk or riding on the road? It's hard to tell by the diagram.

Just curious.
I was on the road crossing from the sidewalk, just where the sidewalk dips down for people to cross. I was on foot and begain to mount my bike hence why i could not stop in time once i saw her.

Quote:
Originally Posted by iflyskyhawks View Post
First of all, I'm glad you're OK.

I used to work in insurance claims.

The accident is actually a "collision" loss, not a comprehensive. If she was carrying liability only and you don't have insurance (e.g. homeowners or auto insurance of your own) then her uninsured motorist coverage on her policy will fix her damages. As someone stated here, her insurance company might subrogate against you to reimburse them for their payout.
Thank you very much this is the kind of informed answer i was looking for. I will be intouch with her insurance company.
Thanks to everyone for there coments. I will let you guys know how this whole thing turns out.
bottlecape30 is offline   Reply With Quote
Old 04-27-09, 07:33 AM   #17
Renny
Junior Member
 
Join Date: Mar 2007
Location: Pittsburgh
Bikes: IRO Rob Roy; Redline Conquest
Posts: 20
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
You were entering the street from a wheelchair curb cut? Was there a striped crosswalk? If so, failure to yield. I don't know if they would pick on the fact that you were in the process of mounting, but if you were standing in a crosswalk, she was obligated to stop.
Renny is offline   Reply With Quote
Old 04-27-09, 08:05 AM   #18
bikegeek57
Senior Moment
 
bikegeek57's Avatar
 
Join Date: Sep 2008
Location: Atlanta, GA
Bikes: Fuji Absolute 4.0
Posts: 1,004
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
in my state pedestrians have right of way no matter what. sounds like failure to yield here.
bikegeek57 is offline   Reply With Quote
Old 04-27-09, 08:17 AM   #19
capejohn
Senior Member
 
capejohn's Avatar
 
Join Date: May 2005
Location: Fairhaven, Massachusetts
Bikes: Novara Randonee, Felt Z45, Marin Belvedere Commuter
Posts: 1,803
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Quote:
Originally Posted by bottlecape30 View Post
The girl says that her insurance won't cover the damage and i don't have the money to do so. Anyone every been in this situation before?
She said???? Could be a double dipper. Cash from you and and insurance claim.

Pay her if you want, but I would call her insurance myself and make a claim. See what they say, ya know?
capejohn is offline   Reply With Quote
Old 04-27-09, 10:37 AM   #20
bottlecape30
Senior Member
Thread Starter
 
Join Date: Aug 2008
Bikes:
Posts: 73
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Renny View Post
You were entering the street from a wheelchair curb cut? Was there a striped crosswalk? If so, failure to yield. I don't know if they would pick on the fact that you were in the process of mounting, but if you were standing in a crosswalk, she was obligated to stop.
It was a wheelchair curb cut for the valet parking for the near by apartments. No cross walk lines they are about 20 feet down the road where i should have crossed.

Quote:
Originally Posted by capejohn View Post
She said???? Could be a double dipper. Cash from you and and insurance claim.

Pay her if you want, but I would call her insurance myself and make a claim. See what they say, ya know?

I just got off the phone with her and her insurance company. Her insurance is not willing to cover the damage and they said if they did they would be sueing me for there time and the repairs needed.

The repair quote on the car was only $175 so i can handle that (thank god). This just means the savings for my fixed gear wheel set with have to start from 0 again. After i got over my brused ego i'm just glad no one got hurt.

Lesson learned be much safer when commuting, time is not of the essence.

Oh also went to take a look at the rotor on my bike today and turns out the front scewer just slipped loosened it and tighted it back up and all is well with the bike. I'm very happy as i just bought this brand new Giant seek 1, frist new bike i have ever owned.
bottlecape30 is offline   Reply With Quote
Old 04-27-09, 10:48 AM   #21
Tabor
Senior Member
 
Join Date: Jul 2005
Location: Portland, OR
Bikes: Surly Pacer with full Ultegra
Posts: 1,016
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
What state? Her uninsured motorist's should cover her. They could come sue you.
Tabor is offline   Reply With Quote
Old 04-27-09, 10:57 AM   #22
Stray8
Senior Member
 
Stray8's Avatar
 
Join Date: Aug 2008
Location: Nueva York
Bikes:
Posts: 647
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
If the accident was her fault, then your damage could be paid by her liability coverage. Coverage for her damage she depends on what she paid for (e.g. collision, UM, etc...).

If the accident was your fault, then your damage obviously isn't covered by her liability insurance. Her damage might be covered by her carrier then (depending on how much it cost them) they might try going after you to recoup.


.
Stray8 is offline   Reply With Quote
Old 04-27-09, 11:14 AM   #23
njkayaker
Senior Member
 
Join Date: Sep 2007
Bikes:
Posts: 9,646
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 211 Post(s)
Quote:
Originally Posted by bikegeek57 View Post
in my state pedestrians have right of way no matter what. sounds like failure to yield here.
He was riding his bicycle. In that case, he's not a pedestrian. It's possible that it is illegal for him to be riding in the crosswalk.

Generally (I think), it's pedestrians in crosswalks that have the right of way. (Note that it is never OK to run into pedestrians or anything.)

Here's info about pedestrians in Georgia.

http://peds.org/resources/pedestrian_right_of_way/

Quote:
Originally Posted by Tabor View Post
What state? Her uninsured motorist's should cover her. They could come sue you.
The "unisured motorist" stuff is basically so you don't have to wait to get reimbursed for damages. This coverage does not mean the insurance company won't pursue compensation from the person responsible for the damages.

Quote:
Originally Posted by bottlecape30 View Post
It was a wheelchair curb cut for the valet parking for the near by apartments. No cross walk lines they are about 20 feet down the road where i should have crossed.
It kind of looks like you were "jaywalking". Actually, what you did was worse, since you were not walking. It looks like she had the right of way and you "pulled out" in front of her. It would seem that she has little responsibility in this case and that you had the responsibility of entering the roadway when (if) it was safe to do so.

From the above link:

Quote:
“Jaywalking” is not a legal term and does not appear in the Georgia Code. Even so, people often use “jaywalking” to describe a pedestrian crossing outside of a crosswalk. In fact, crossing the street outside of a crosswalk is perfectly LEGAL in most places, as long as the pedestrians yield to traffic. These images illustrate the law.
But, the person was riding his bicycle (therefore, he's not a pedestrian).

Last edited by njkayaker; 04-27-09 at 11:34 AM.
njkayaker is offline   Reply With Quote
Old 04-27-09, 11:14 AM   #24
lil brown bat
Senior Member
 
lil brown bat's Avatar
 
Join Date: May 2007
Location: Boston (sort of)
Bikes: 1 road, 1 Urban Assault Vehicle
Posts: 3,878
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Wow, this isn't a simple one, is it? On the one hand, you were sort of e pedestrian. On the other hand...you sort of weren't, and you weren't in a crosswalk. Sorting out who's at fault is far beyond me, but I do think that what you did, while possibly legal, wasn't prudent. A bike's a vehicle -- when it's in a travel lane, it's supposed to be traveling, or maybe stopped, but in any case behaving like a vehicle. Walking your bike out into a travel lane and then mounting is taking an unnecessary risk. If you can see a block in either direction and there's no traffic coming, it's no biggie, but that wasn't the case here, and that was the source of the problem. In the future, I'd suggest mounting at the curb so that by the time you're in a travel lane, you're ready to move with the traffic.
lil brown bat is offline   Reply With Quote
Old 04-27-09, 12:23 PM   #25
Tabor
Senior Member
 
Join Date: Jul 2005
Location: Portland, OR
Bikes: Surly Pacer with full Ultegra
Posts: 1,016
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by njkayaker View Post
The "unisured motorist" stuff is basically so you don't have to wait to get reimbursed for damages. This coverage does not mean the insurance company won't pursue compensation from the person responsible for the damages.
I never stated otherwise.
Tabor is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 03:44 AM.