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  1. #1
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    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.

  2. #2
    You gonna eat that? Doohickie's Avatar
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    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."

  3. #3
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    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.

  4. #4
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    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.

  5. #5
    Older than dirt CCrew's Avatar
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    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.

  6. #6
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    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.

  7. #7
    Crankenstein bmclaughlin807's Avatar
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    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

  8. #8
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    You f'ed up, pay the lady.
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  9. #9
    Gaeilgeoir fearfeasog's Avatar
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    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.
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  10. #10
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    Many auto insurance policies will cover windshield repairs without the usual deductible. Look into that.

  11. #11
    Older than dirt CCrew's Avatar
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    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.

  12. #12
    53 miles per burrito urban_assault's Avatar
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    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.

  13. #13
    Senior Member rumrunn6's Avatar
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    let her sue you - she is the one with the damage
    cycling is like baseball ~ it doesn't take much to make it interesting

  14. #14
    Yabba-Dabba-Doo! AlmostTrick's Avatar
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    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.
    Have Bike, Will Travel

  15. #15
    Member iflyskyhawks's Avatar
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    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.
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  16. #16
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    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.

  17. #17
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    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.

  18. #18
    Senior Moment bikegeek57's Avatar
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    in my state pedestrians have right of way no matter what. sounds like failure to yield here.

  19. #19
    Senior Member capejohn's Avatar
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    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?
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  20. #20
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    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.

  21. #21
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    What state? Her uninsured motorist's should cover her. They could come sue you.
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  22. #22
    Senior Member Stray8's Avatar
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    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.


    .

  23. #23
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    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:

    “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.

  24. #24
    Senior Member lil brown bat's Avatar
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    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.
    You have the right to your own opinion. You don't have the right to your own facts.

  25. #25
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    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.
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