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  1. #1
    LMLN Turd Ferguson's Avatar
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    Hit by a car today !

    On my ride today I got hit by a car on the new Carbon Fiber bike ( 2 weeks new ).

    The driver was charged with failing to share the road.

    I'm banged up and so it the bike

    I suppose I'll need to call the drivers insurance company for compensation. The bike will be at lbs tomorrow for a once over. Odd thing was, one of the ladies from the store mentioned Friday that there is some bad karma going around...a couple customers had been hit by cars.

    Can anyone make a recommendation as to how I should proceed? I'd like to dot the i's and cross the t's and not sure what steps are next.

    Thanks.
    Last edited by Turd Ferguson; 06-25-07 at 08:19 PM.

  2. #2
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    As much as I hate to say it, lawyer up.

  3. #3
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    Holy crap, dude, that really sucks. People are idiots. Sorry about your bike and that you got banged up.

    Unfortunately, I don't have any advice, just consolation

  4. #4
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    Quote Originally Posted by ScrubJ
    As much as I hate to say it, lawyer up.
    That's ridiculous. Don't take advice on getting an attorney from someone who lives in Florida!

    Just be fair, you already have a police report documenting negligence. Who knows, maybe things will go smoothly and you'll be happy with whatever compensation it is and won't have to share it with a guy in a suit.
    [SIGPIC][/SIGPIC]

  5. #5
    pan y agua merlinextraligh's Avatar
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    Thingsarea bit different in Canada. I would make sure whoever you're listening to for advice has experience specific to Canada, particularly Ontario.

    I know enough about Canadian tort law to know i'm not competent to give you advice. I'm not sure some other psoters will have that much knowledge.

    Glad your relatively ok.

  6. #6
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    Get a Lawyer! Without one their insurance company will not treat you fair. They will try to settle it has cheap as they can. I would also say treat them fair, and only ask what is due.

    Important thing is you are on BF to tell us you got hit by a car!! Glad to hear your not badly injured.
    2006 Cervelo Soloist Team

  7. #7
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    I'd suggest you talk to the driver first. Maybe you'll be able to work that out. If that doesn't work I'd go to the guy's insurance company and then to a lawyer.

  8. #8
    Sprint the hills! djgonzo007's Avatar
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    Quote Originally Posted by Stevie Boy
    I'd suggest you talk to the driver first. Maybe you'll be able to work that out. If that doesn't work I'd go to the guy's insurance company and then to a lawyer.
    Good advice, leave the lawyer for last. The driver's insurance should cover it (at least here in the states liability insurance is required which covers damage to personal property and bodily injury) you're a cyclist on the road it is the same as them hitting another car.
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  9. #9
    Senior Member ahultin's Avatar
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    As much as I hate to say it,and dont know canadian law, get a lawyer.
    I was doored on 5-29-07 and although I was discharged from er fine, I was still in pain and found out last week through insisting on an MRI that I tore my rotator cuff. The medical bills are racking up and the insurance company still has not paid up on the property damage protion of the claim (my bike was 21 days old). I finally went with an attorney at the end of the week as it was costing me to much time personally to try to deal with it.
    Good luck

  10. #10
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    The guy who hit him is not a party to any financial discussion at this point - his insurance company is. He can't control what the insurance company does at all. There is no point contacting him. If I were the guy (the hitter) and the victem called me, I'd simply give him my insurance adjuster's phone number. I wouldn't talk to the victem at all, because there's nothing I could do for him.

    Lawyering at this point is very premature.

    OP needs to find out what the damage is and tell the insurance company. He then needs to find out what the insurance company will do to compensate him. If not satisfactory, he needs to get assistance from an attorney.

  11. #11
    In beaurocratic limbo urbanknight's Avatar
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    Quote Originally Posted by ryanhulce
    Get a Lawyer! Without one their insurance company will not treat you fair. They will try to settle it has cheap as they can. I would also say treat them fair, and only ask what is due.
    Not necessarily true. My settlement was fair from my accident, and all I did was consult my uncle (lawyer) who told me the insurance company had made a fair offer. It would be good to consult a lawyer before signing the settlement, but hiring one from the beginning is not necessary and can actually cost you a percentage in the end... unless you're out to squeeze every penny out of the insurance company you can just because.
    "Well, I guess you can cut the arts as much as you want... Sooner or later, these kids aren't going to have anything to read or write about." (Richard Dreyfus as Glenn Holland)

  12. #12
    Roman Killer VT to CA's Avatar
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    Don't get a lawyer right now, it's pointless. Just don't sign anything until you're happy. If you're not going to be happy with what they're offering, then seek counsel.

    Knowing when you're happy on the bike front should be easy.

    But be careful with the medical stuff. It's not enough for them to give you a one-time settlement covering your initial bills if the accident has caused damage that may pop up in the future, costing you more money then. If a doctor tells you that the injuries may plague you, then a lawyer might be needed to make sure your settlement will cover future medical bills...
    All your bike are belong to us.

  13. #13
    LMLN Turd Ferguson's Avatar
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    thanks kids...

    How any suggestions on how I approach the insurance company? I'm guessing the other driver may not make the company aware as due to possible rate hikes etc... Perhaps he will pay his ticket or have it reduced...who knows.

    I have the company and policy number. I've been advised by one person to call the company with and advise them of the situation and any cost involved. Doing this also keeps a record in case physical injuries cause me to take additional time off work or physiotherapy etc..

    Then there is the ticket/charge. The driver could always contest the charge and fight it in court? Who knows...he might try to hold me responsible for the accident. At the scene I had the distinct impression he was trying to cover his ass. I had to advise the officer of certain errors he made in his story.

    Basically, I'm driving behind a car, the driver decides to park on the right hand side. I end up beside the vehicle screaming and reaching for the breaks ( going about 15 - 20km). My front tire hits the front right quarter panel and as he turns right, I go down, the spoke cut clean into the mudflap ( north to southwest ) and gets caught. I get up...dislodge the bike. Oddly enough, I'm more concerned about my bike than my body...until I look at my knees.

    damn...I was planning a bike tour this weekend, ess it will be a drinks by the pool weekend. Life isn't too bad.

  14. #14
    proud of his bunny Zinn-X's Avatar
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    I suggest you approach a lawyer before approaching the guy's insurance company. If they see you going solo they're going to think they can cheap out on you, and they'd probably be right. Because of some guy's dumbass driving your body and your bike is messed up. I wouldn't take that lightly if I were you, especially considering the perp was trying to cover his ass at the scene. That would just piss me off.

    Good luck and I'm gald that you are mostly okay. Keep us informed as to how your bike holds up.
    "I'll probably stomp you into the ground. I'm 6'4", 250, work out everyday, and have an extremely bad attitude." -ovrrdrive (aka. Captain Carnage)

  15. #15
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    Contact the driver's insurance agent. Don't come in with an attorney right off the bat. One thing to keep in mind is future medicals. You should be able to keep that portion of any settlement open for a mutually agreed upon time frame. You never know how injuries will heal, or not, until some time passes. Fair compensation for pain and suffering is the gray area. Time off work should be easily determined. I wouldn't contact the driver. They may seem apologetic but, anything you say to them can be to your disadvantage. People at fault will often appear sympathetic, but are still looking out for number one. When all's said and done and you feel satisfied with the settlement, your done. If not, then get legal counsel.

  16. #16
    Better rider 20 yrs ago fprintf's Avatar
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    All these suggestions for lawyers are forgetting one thing. Lawyers want to be paid and unless you have someone in the family who will answer your questions for free, most will give you just enough time to determine if there is any money in it for them.

    In one of my accidents I talked directly to the insurance company. They were quite fair and they made everything right and allowed for a provision for future, related medical claims. We forget that in most cases the person we are dealing with is an insurance adjuster, not a lawyer. Their main goal is to stop fraud and overcharging by accident repair shops. The insurance lawyers won't get involved until there is a high likelihood of a significant claim - and if that is the case (say over $20,000) then the advice for a lawyer is well founded. Otherwise, as others have said, it is premature to call one.

  17. #17
    Senior Member not2blu's Avatar
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    Quote Originally Posted by Turd Ferguson
    On my ride today I got hit by a car on the new Carbon Fiber bike ( 2 weeks new ).

    Can anyone make a recommendation as to how I should proceed? I'd like to dot the i's and cross the t's and not sure what steps are next.

    Thanks.
    If the driver's been charged then you shouldn't need lawyer. Did you go to the hospital? If so the driver's insurance should be paying for it. Your bike- opt for a new frame if possible. With CF you have to be carful of microfractures. Be sure the shop CAREFULLY analyzes the frame. If it's a major brand, you should be able to get a replacement frame at cost from the manufacturer under their lifetime warranty. Again, the driver's insurance should pay for this. Keep in constant contact with the driver's insurance company and let them know what you're doing. They may have to follow certain protocol to pay for your troubles.

    I hope your injuries aren't too severe and wish you a speedy return to the road.

    -not2blu
    not2blu
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  18. #18
    In beaurocratic limbo urbanknight's Avatar
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    Yep, first thing is to contact the person's insurance company. Not sure about Toronto, but in California it has to be reported within a week. Whether the driver calls them or not, you call them and they will either be unaware or already have a file for the incident. imo it looks bad on the guilty party's part if they didn't make the call first, but some people hope you will just go away.
    "Well, I guess you can cut the arts as much as you want... Sooner or later, these kids aren't going to have anything to read or write about." (Richard Dreyfus as Glenn Holland)

  19. #19
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    As someone who has been down this road many times in Toronto, I always follow the same steps.

    Contact the insurance company.

    They will want to speak to the constable who attended the accident, to verify that the driver was charged and to get a copy of the accident report he filed.

    They will try to get you to go through your own insurance company, don't. Tell them you don't drive and don't have automotive coverage.

    Next tell them that since the bike is carbon that a visual inspection will not detect any potential structural cracks. Your bike shop should back you up on this. Do you want to be descending on a bike that has now had its warrantied invalidated? Demand a new replacement at full replacement cost. To expedite matters, if no significant physical injury was suffered and you want to get back on the road quickly, offer to sign a Personal Injury Waiver in exchange for a quick property settlement on your terms.

    My record from getting hit to having a new bike in hand is 18 hours using this strategy.

    The way that no fault works in Ontario unless their is significant injury requiring rehab and time off work its not worth going for anything more than property. Don't forget to include helmet, clothes, shoes (if scuffed), glasses and anything else you can think of.

  20. #20
    Senior Member rousseau's Avatar
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  21. #21
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    Hey Brother,

    Sorry about the drama in your life. First go to your Dr. (especially if you are young and feel like you are bullet-proof) and get a work up to Diagnose any issues. Who pays for what is far less important than you having an undiagnosed issue with Bone, Cartilage, Brain etc. Follow their directions, if you feel something tell them; don’t think it is complaining, you were hit. (Had a compression fracture in my neck as a kid walked around for days, I now have issues 30 years later, should have had it checked that day.)

    As far as who gets paid, of coarse he is going to try and minimize his issues. The argument could be made that when following a vehicle it is forbidden to pass another until the lane is clear and safe to travel through. (It is for cars.) I have found that talking to folks is the best way to deal with them. Call the Insurer and tell them you are not interested in a suit or big deal. All you want is to cover medical (already covered in Canada?) and fix your machine. To litigate to prove there guy was innocent will cost more than fixing you up, so they are compelled to do the right thing by you. I was hit a few years ago in a debatable accident. When I was talking to the insurance folks I told them about the same, they were so blown away that all I wanted to do was tell the driver I was okay (eventually) that they paid my medical and bought me a new C-50. (I was riding classic steel)

    Be prepared to take it to the mattresses should they try and push you, but generally kindness counts for a lot more.

    Thank God you are okay, keeps the priorities straight!

    PS. Love your Cat!

  22. #22
    Senior Member akatsuki's Avatar
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    Quote Originally Posted by jit5
    As someone who has been down this road many times in Toronto, I always follow the same steps.

    Contact the insurance company.

    They will want to speak to the constable who attended the accident, to verify that the driver was charged and to get a copy of the accident report he filed.

    They will try to get you to go through your own insurance company, don't. Tell them you don't drive and don't have automotive coverage.

    Next tell them that since the bike is carbon that a visual inspection will not detect any potential structural cracks. Your bike shop should back you up on this. Do you want to be descending on a bike that has now had its warrantied invalidated? Demand a new replacement at full replacement cost. To expedite matters, if no significant physical injury was suffered and you want to get back on the road quickly, offer to sign a Personal Injury Waiver in exchange for a quick property settlement on your terms.

    My record from getting hit to having a new bike in hand is 18 hours using this strategy.

    The way that no fault works in Ontario unless their is significant injury requiring rehab and time off work its not worth going for anything more than property. Don't forget to include helmet, clothes, shoes (if scuffed), glasses and anything else you can think of.
    What he says. You want full replacement cost. I would probably not even offer the personal injury waiver, I think that is giving up too much. If they give you friction, then lawyer up, but a lot of the time the police report is sufficient and the insurance company will not bother trying to fight it too much, legal fees will add up quicker than the cost to replace your bike (even an expensive bike is the price of a cheap car.)
    Current: Lynskey R210 | Miyata 610
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  23. #23
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    I almost got hit on the way home from buying a S-Works Roubaix and it made me think about the 4k, 1st road bike and I returned it and got a Motobecane :-) And have been hit since while riding my Mntn Bike by some lady in a Mercedes SUV punching it at a red light when it turned green! Forgot to add the lady punched it and drove off when I came down from being on the hood of her car!
    Last edited by Hyaboosta; 06-25-07 at 12:02 PM.

  24. #24
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    Man, Americans like to recommend lawyers.

    We just successfully pressed a bike replacement claim under similar circumstances without lawyers involved. If you have your own insurance company, they may offer be able to offer advice to resolve things quicker. Ours did.

  25. #25
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    Quote Originally Posted by fprintf
    All these suggestions for lawyers are forgetting one thing. Lawyers want to be paid and unless you have someone in the family who will answer your questions for free, most will give you just enough time to determine if there is any money in it for them.

    In one of my accidents I talked directly to the insurance company. They were quite fair and they made everything right and allowed for a provision for future, related medical claims. We forget that in
    most cases the person we are dealing with is an insurance adjuster, not a lawyer. Their main goal is to stop fraud and overcharging by accident repair shops. The insurance lawyers won't get involved until there is a high likelihood of a significant claim - and if that is the case (say over $20,000) then the advice for a lawyer is well founded. Otherwise, as others have said, it is premature to call one.
    Where do folks come up with this stuff?

    An insurance adjuster's JOB is to take as long as possible to pay out as little money as possible (hopefully nothing at all), on claims.

    Bob
    Be the Bike

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