charlied

I was wondering if I could get some advice. I got struck earlier today, while training. I was heading straight on the outside lane, as I was nearing the entrance of stripmall, when the lady made her left turn in front of me. I did see her, however, assumed (which I never do, and never will again) that she wouldn’t make the turn; as there was a clear line of sight between her and I (She even mentioned how she should have saw me, due to the bright color of my bike and jersey). As I neared she made the turn and I tried stopping but was going 40km/h therefore, didn’t have enough time, so I ended up striking the side of the vehicle at 60ish degrees with my chest, face and bars. I knocked a bit of wind out of myself, while my neck twisted latterly to the left; my biggest concern at that point was if I had feeling below my neck. I guess someone called an ambulance and they checked me over, I told them about my neck stiffness (so it could be documented, god(s) forbid I ever need it) and that nothing else was wrong. I denied a trip to the ER as my necks probably been much stiffer after other spills (non-car related) or just sleeping on it wrong. I didn’t hit my head as I struck the edge of the roof with my face and transferred a lot of the impact by via my bike to the side of the car (as evidenced by the huge dents and the 4 foot long scratch)

I am planning to see a physician to ensure I sought medical attention if some medical issue wherever to progress from this incident. I actually went to all the local open clinics however they were all closed for the thanksgiving weekend (Canada).

As for my bike it seems to be in working order, except for the saddle which was bent pretty bad. I looked over all the carbon bits and nothing has cracks or splints in the paint. The left brifter was totally twisted in but still worked to the extent that it did before, The cosmetic damage to my bike doesn’t bug me as it was pretty beat from racing. I’m just more so concerned with the head tube(Al) and fork(Carbon) as it may have impacted the vehicle enough to cause damage I can’t visually observe.

I’m just wondering if I should file a police report, just in case I were to develop complications further down the road. I’m also wondering how I would go about seeking compensation from whatever damage is incurred on my bike (I know it sounds cheap and scamish, but I’m a student and even the 100 for the saddle is more then my budget allows), other wise I would not bother. Also should I bring it to the shop to check frame alignment, the fork and such just to make sure?

I just don’t wish to sky rocket their insurance rate or cause some sort or legal issue for them, as I believe they are good people who had a bad day, much like I. Their vehicle, which looked brand new and somewhat expensive, had at least a thousand dollars in damage to it, so I don’t wish to cause more problems. I also don’t know how I’m going to ride again, as I know any further movement in my neck would have cause damage, and I can’t get that image out of my mind.

Ramjm_2000

I don't think it sounds scamish to want your bike back to the condition it was before the accident. In fact having her compensate you might actually make her more aware to her driving and save another from the pain and hassle you are dealing with now.

backinthesaddle

Sorry about the accident, glad you weren't hurt worse, and I hope the bike repairs are minor.

Absolutely you should file a police report, you were hit and injured, the police should have been called to the scene before she left.
Absolutely you should go to the doctor. Sometimes the effect of injuries shows up a few days later.
Absolutely you should have a pro bike shop evaluate the damage and give an estimate for repair or replacement.

And I hope you had the presence of mind to get her name, phone #, drivers' license, and insurance info.

And it's not a scam, you're justified in defending your rights and health and being fairly (not excessively) compensated for it.

Dubbayoo

Don't go overboard in trying not to inconvenience her....keep in mind she could have killed you.

Bobby Lex

You should be telling your story to someone who actually knows what they are talking about, not strangers on the web.

(Hint: l-a-w-y-e-r)

Bob

roadwarrior

Curious...you went to seek medical attention, and they were all closed?

Good grief...

See a doctor. How can you know that riding will cause more damage to a neck, that may be bruised, or may be something worse...find out. And make them pay for it.

ElJamoquio

It is not a scam. You were hit by a motorist. Bicycle components are highly stressed to reduce weight; so unlike some vehicles, it can be very, very difficult to see if there is underlyling damage.

goggles

Did the police come to the scene of the accident? You should have gotten a police report detailing the accident and including the driver's info and insurance. This is what you use to file an insurance claim. You call the insurance number and start a claim against said driver. Then you fax them the copy of the report and begin the joyous process of reaching a settlement.

Also, even if you refused medical attention on the spot, this has no effect on future treatment options. If something starts hurting immediately get it check out. Don't worry about the bill, this should be covered by the settlement. Things like comping missed work get a bit tricky though...

Do you have any info from the driver? Do even have a license plate number? Unless you received a police report clearly detailing the fault of the driver inthe accident than you are going to need witnesses to dispute this. Do you have the info of any witnesses?

Let me know what you have and I can make better sudgestions.

TNoodles

Talk to a local attorney who handles personal injury cases.

aham23

Sorry to hear about your accident and hope you are well.

With the above statement you open yourself up to Comparative Negligence. Meaning, part of the accident is now your fault. It may be a small part, say 10 to 20%, but it is still a part. Just my thoughts. Good Luck.

I am not an expert of anything, nor do I play one on TV.

merlinextraligh

The Canadian tort and insurance systems are significantly different than in the U.S. The adivce you'll get on here from U.S. posters is based on various knowledge and experience with the U.S. system, and will be skewed as a result. I've been involved enough in accident litigation in Canada to know I should not advise you about what to do in Canada. (I'm an attorney with more than 20 years of accident litigation experience, and I always consult Canadian counsel for Canadian questions)I'd suggest you talk to a Canadian lawyer, or at least your insurance agent.

charlied

Aham23 I understand what your saying. What I was attempting to imply was that I saw her in the turning lane while stopped. In everyday traffic every driver must make the assumption that all other drivers will follow regulations; and any competent vehicle operator will know what is around them.

I did manage to find a physician the DAY OF the incident, to get checked out, I made certain that the physician noted that my neck was stiff and sore. Incase further complications develop from this injury I have documentation (ambulance, physician) linking the accident to my neck. I don’t believe anything will develop but I want to make certain I have written and credible statements that can link back to the accident.

As for contact information yes I did get the drivers number and address. And will be contacting her tonight. I spoke to a friend who is a police officer at the local collision-reporting center. Regrettably he indicated that I have to report it to the police unit rather then collision center, as it was an accident involving a “pedestrian”. He also indicated that if I do not file a report and I develop chronic injuries I might have trouble seeking compensation later on.

As for myself physically, I healing up fine, a bit stiff in my neck and left shoulder, but considering the situation I don’t know how a faired so well. The biggest problem is that mentally I don’t know how I’ll get back on a bike, which upsets me a lot as cycling is my one passion.

Parts that need to be replaced on my bike include a saddle and a brifter (which still works, but has been bent enough that it will eventually fail prematurely). I’ll also have to get a set as non-of the local shops sell individual brifters. I am also concerned that I won’t be able to find a replacement as it was an older style 9 speed 105, what happens then? My friend at the shop who checked out the bike says there are no physical signs of damage on the fork, but feels it should be replaced as the impact to it was harsh, and that I should not encure the risk or expense of riding a fork that may fail due to the accident. Is it fair to ask for the fork to be replaced? My rear derailleur was also kind of banged up, but it was in rough shape to begin with so I feel bad getting it to be replaced. My friend who is in law school indicated that I should look at it like it was my car, therefore mechanical or cosmetic damage caused by the incident should be covered by the individual at fault.
What’s your opinions on the bike damages, what is fair and what is not?


The more I think of it the more I am upset at what happened. I know for a fact as it has occurred several times in my area that if I had been the driver, being a young male and hitting someone, the outcome would have been much different. I most likely would have been charged, and no one would have hesitated to phone the police. Yet when an elderly couple hits a young male no one phones the police. I would have done so on my own however they kept me in the ambulance for observation for a good 15 minutes, and at that time I was kind of in shock and all I could think about was how I was not killed. This double standard is very upsetting.
I am also willing to allow her to re-compensate me for my bike damages privately so her insurance rate does not escalate, however, I will not hesitate to go through the insurance company if she refuses to pay the full expenses. I find the idea of seeking legal action excessive, as all I’m looking for is compensation for my bike, and knowledge that I can seek compensation if I develop a complication out of it.

eandmwilson

Speaking as a mechanical engineer, who has done some heavy work in composites, I do not see how you can get they bike properly inspected for less than the cost of the bike. I do not know the expertise of your local mechanic, but unless he put a camera through the tubes as a START, then followed up with more extensive inspections (more than naked eye), he is useless in determing the damage--as I would be, even with my background. You simply can not determine the damage to a CF frame by "looking at it". CF does not bend or stress like metal, and can sustain severe damage with no external signs. Your mechanic friend is wise enough to suggest you replace the fork, but I'd have a serious inspection to the head tube as well.

As for who pays/is responsible, let the Canadian legal system work that out...sounds to me, though, if she is at fault, then she pays.

Sporkinum

Dumb question, but can I assume the vehicle was not using their turn signals?