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roundabouts suck... (hit by car, again)

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roundabouts suck... (hit by car, again)

Old 07-14-05, 09:12 AM
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roundabouts suck... (hit by car, again)

On my way home yesterday I was tagged by a mercedes on my rear stay. I'm just a little bruised and scraped (it was a fairly low speed crash), but my looks like my bike will need some serious work.

This is the third time I've been hit by a car. The other times the people who hit me just took off. This time I stood in front of the car until the guy got out. He was appologizing. I called the cops even though this guy was saying he was willing to pay for it, I just wanted to have it documented. I got his name and he told me where he worked, then he took off. The cop finally shows up and was telling me that it was unfortunate that the guy left and that I was screwed cause there was "nothing (he) could do." It amazes me how lazy some cops are.

After explaining to him how much it would cost to have my bike fixed, I persuaded him to call the guy and tell him to come back to the scene of the accident. He did and I wanted to make sure he got the ticket so that if it comes down to it- I have proof that he hit me. The cop reluctantly gave him a ticket for failure to yeild.

Now, looking at my bike I'm not sure what I'm going to do. My frame will never be perfectly true again. If I just have the rear stays replaced I will save the guy some money, but why should I settle for a subpar frame due to some this guy's failure to understand how a roundabout works? Should I have the bike shop price it at what a new frame will cost?
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Old 07-14-05, 09:19 AM
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now's your chance to order a shiney new vanilla.
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Old 07-14-05, 09:25 AM
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I am sorry to hear that unfortunate event happen to you man. The insurance of the car woud be able to replace you with a new frame and someother parts. I am sure because car hitting a bike is no different than hitting another car. And since it is ducumented that it was the car's false, you have every right to pursue justice.
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Old 07-14-05, 09:31 AM
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Definitely sounds like this forum has filled its accident quota already this year. Glad you and your bike are relatively okay, at least.

If a roudabout is the same thing I'm thinking of (I usually call it a circle), I hate those things. There's one on the way I take to work, and whenever I ride through it I just ride right in the middle of the lane and take my time. I don't care how many people I piss off, I'm not going to get nicked by a car that doesn't see me closer to the side of the road.
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Old 07-14-05, 09:56 AM
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How do you ride in the roundabout? Rotaries are one of the places where it's vitally important to assert lane position. It can seem frightening at first and I know a lot of cyclists try to hug the outside edge. This can expose you to those entering or leaving the rotary who must cross your path and will encourage motorists to try to squeeze past you on the inside.

Of course sometimes people are just idiots or pricks and there's nothing you can do about it except hope they get their comeupance.
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Old 07-14-05, 10:05 AM
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Ouch, sorry to hear it. Was it the roundabout on NE 8th ave?
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Old 07-14-05, 10:23 AM
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Originally Posted by gmcaptain
The cop finally shows up and was telling me that it was unfortunate that the guy left and that I was screwed cause there was "nothing (he) could do."
Seems to me that is called "leaving the scene of an accident", and is pretty serious doo-doo. I'm surprised the cop said "there's nothing I can do".
Actually, I'm not surprised...some fu**ing lazy cops...

Last edited by davidmires; 07-14-05 at 10:34 AM.
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Old 07-14-05, 10:28 AM
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Originally Posted by gmcaptain
The cop finally shows up and was telling me that it was unfortunate that the guy left and that I was screwed cause there was "nothing (he) could do." It amazes me how lazy some cops are.

After explaining to him how much it would cost to have my bike fixed, I persuaded him to call the guy and tell him to come back to the scene of the accident. He did and I wanted to make sure he got the ticket so that if it comes down to it- I have proof that he hit me. The cop reluctantly gave him a ticket for failure to yeild.
good for you for sticking to it and asserting yourself - now you have solid legal ground to pursue frame repair/replacement with the insurance company.
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Old 07-14-05, 10:41 AM
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Might I suggest first trying to handle it without lawyers, cops, judges, and insurance companies. Just say, "Look, you and I know that your insurance will go up if I file a claim whether it was determined to be your fault or not. Here's a list of what's broken. Here's a list of what needs to be replace. Here's how much labor will cost to do it. If you can come up with X amout of dollars within about 30 days or so, we'll call it even."
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Old 07-14-05, 11:32 AM
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Just call his insurance company and tell them how much a new bike will be.
Believe me, they will be happy to write you a check for a couple K's if you sign a waiver absolving them from future liabiliity.

By the way, the cop was a jerk. Technically you were involved in a hit & run and he could have sited the motorist for leaving the scene of an accident.

Enjoy
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Old 07-14-05, 12:15 PM
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When I got hit a few weeks ago (June 7th) here in Pennsylvania I was clearly injured and the girl asked if it was okay that she proceed on to her friend's house. through the bloody mass of teeth and flesh I told her it wasn't okay, and she did it anyhow. Every cop that I've talked to said that she should have been arrested and fingerprinted on the spot for leaving the scene of an accident, and some other issues because I was clearly injured. I carried my bike with my broken humeral head and dislocated shoulder up the hill in the same direction (beyond my line of sight). when I found her two blocks away, she had no license, insurance, registration information... At this point my phone started working again, and I called my father who was on the scene in 2 minutes. I didn't feel like being a jackass to the girl, so we were going to let her call her mother to bring all the missing but required information, but she didn't want to get in trouble. My father finally got ahold of her mother who wasn't exactly concerned for anyone's welfare. he called the police, who arrived shortly thereafter along with a firetruck! (why do they do this??)

At that point, I went to have my face put together. the police took the report and I gave a statement several days later at the headquarters. when I asked him about the issues concerning leaving the scene of an accident, he replied "she was just scared" like I was a menacing 130 lb guy. The report that I got a week later had some material in it that questioned whether or not I had a light on my bike. If she had stuck around after the accident, we would have found my light together under a nearby car.

The other party's insurance company's claims adjuster was actually pretty cool about it, and after 6 weeks I'll be picking up my bike today at the shop. I had pretty much thought it would mean a new bike, but shop said he could re-align it. He also wouldn't write off the front wheel until I brought it in, concerned about aiding insurance fraud. They wouldn't authorize any insurance payments until I had an estimate from the shop that they suggested (not that I have any issues with the shop, or a lot of choices around here for that matter...). His estimate was like 121. I had previously told him it would be about 600 to replace it, and I think they really don't mind the mini-claims from bicycle related claims, but these tales I've read here where they'll trade you a Giant OCR for a signature were inconsistent with my experience with an insurance company. I still haven't received my check for 121 dollars yet either...

I must say, however, that I received excellent service from my parent's automobile insurance company who have been handling all of my medical claims and much of my lost wages. After all is said and done, probably years from now, I expect that the ratio of my medical claim to my property claim will be about 200-300. If not for Pennsylvania's no-fault law and my parent's good policy with a good company (including especially the non-insured and under-insured aspects of the policy) I'd be receiving extraordinary bills with due-dates and I'd almost certainly (as a student who works a bit) have to sustain myself on only ramen noodles and possibly file some sort of bankruptcy.

Maybe since you don't have a medical claim associated with this they'll be happy to just make you sign something and go away, but I wouldn't be so certain.
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Old 07-15-05, 06:17 PM
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adam- I was hit at the roundabout at SE 4th ave and 7th st.

I took myself in to get looked at per the girlfriend's request. I seem to be fine, just bruising and road rash. I took my bike over to Lex at bikesandmore. He tallyed the damage at $1600. Insurance claims adjuster is supposed to come take pics of the bike Monday. We'll see how long it will take for me to a new frame. Lex says he's backed-up for 3 months. I'm so glad I picked up a $1 beater last spring to use for the meantime.

Here's the weird part. The dude that hit me has the same insurance company as me-progressive. They pulled my policy, telling me that under "florida no fault law" my policy will cover any personal injury. Does that sound right? I was telling him "I was on my BIKE. Not my car." He was also telling me that I (my policy) would have to pay to see a doctor on campus. When I questioned, he told that this was his job and he does it every day and he should know. I go to the infirmary and as I expected-no charge. Should I be switching insurance companies at this point?
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Old 07-15-05, 08:32 PM
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whenever i'm in doubt i just take the lane and pedal hard... chances are the person i'm in front of is not going to get soooo upset by my slowness that they just ram into me... people get hit by stupid drivers cutting too close, so don't give them that opportunity.
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Old 07-15-05, 08:34 PM
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Originally Posted by deadly downtube
whenever i'm in doubt i just take the lane and pedal hard... chances are the person i'm in front of is not going to get soooo upset by my slowness that they just ram into me... people get hit by stupid drivers cutting too close, so don't give them that opportunity.
But if you pedal too hard, you might rear end a car.. Right?
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Old 07-15-05, 10:01 PM
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When I got hit, the other party had Progressive insurance, my father had something different. my father's insurance covered my medical claims, the other party's insurance (progressive) covered my property and pain/suffering claims, along with the first 5 days of lost wages, and possibly the 20% of the remaining time that wasn't covered under my father's policy.

I think the point of the no-fault insurance is that they want there to be no excuses for not seeking appropriate medical help. If you had been walking or whatever, you'd still be covered by your own insurance. You'd be surprised how far-reaching your policy extends (depending on the laws in your state). I have received my check for $121.80 (the cost stated on my estimate) about 6 weeks after the accident for my property claims. I got my bike back today, and after I hosed off the dried blood and flesh bits it seems to ride pretty okay. The only handlebar my lbs had was way overkill for my world sport conversion... some sort of ritchey carbon fiber ergonomical bar. I'm not necessarily happy with the way that it was all handled by the insurance company (they wanted me to take it to the LBS that they suggested (which I have no real legitimate beef with) instead of the one that I'd like to go to (fixed friendly, and generally friendly framebuilder)), and I'll probably end up keeping this as a backup/rain/snow bike and I'll build up a kogswell g58 as time and cash permit. The check did cover the repairs and some slight upgrades to replaced parts in the end, so I got what they paid for. The policy usually is ACV or Actual Cash Value, which means that they give you the market rate for whatever it is that was destroyed. Cars have blue-books, but bicycles can be subjective (i.e. a non-bike person wouldn't give you a hundred bucks for your decked out vanilla...)

In the end I guess that I got covered pretty well (even though this is still ongoing). I'm not sure if it will be beneficial or not that the other party had the same insurance company...

I'm glad that you're well. Are you riding again? I think I'm going to do early morning rides only for a while, while I work back my confidence (and I'll be wearing a helmet and strobe light!).

I felt really uncomfortable riding today: 6-7 weeks without riding, painful/broken/torn shoulder, new handlebars/setup, lack of confidence, temporary dentures flapping in the wind...
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Old 07-15-05, 10:07 PM
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No fault laws suck. They are awful. They only benefit insurance companies.

That said, good luck with your settlement... My car was recently in an accident that someone else caused. I took it in, got it a full estimate, faxed it to the other insurance agent. They wanted their own appraisal (though in Missouri I'm only required to furnish ONE estimate), so they hired someone to come take a look. Fortunately he came to the same estimate my shop had. The company paid in full a few days later, in the form of a check.

I'd like to be clear about something though, that a lot of people seem to misunderstand... I was paid 2100$ by the insurance company for the damage to my car (yeah, a Mercedes but its older than my bike, and thats saying something), but I'm fixing it myself for about 300$. That is NOT insurance fraud! People gave me hell about it when I decided to do that, as though I was 'screwing' the insurance company or something. They did 2100$ worth of damage to my life, and they paid for it. What I do with it is my business, since it was my money to begin with, just wrapped up in car form.

If I went to your house, and broke your Ming vase worth 2000$, I'd have to pay you 2000$ to cover the damage. But does that mean that you are obligated to take that 2000$ and buy an identical vase right away? Of course not.

Don't let them talk you into direct billing. They owe you the full estimate. If you are able to fix it yourself for cheaper, then that is your right. Your labor has arbitrary value.

Also, make sure you are compensated by their policy for vehicle rental, again, not direct billed. You have to ask for it, but they need to provide it. My girlfriend's car was recently totalled as well (bad car luck these days), and she had to borrow my car for a few weeks. She wanted compensation, because she was accruing extra cost from using someone elses car, and they were able to give her 140$ worth of rental car allowance (20$ for 7 days). Again, no reciept necessary. They did damage to your convience, and thats worth cold cash.

Anyway, you have to ask for a lot of this stuff, and be firm with your estimates. Don't be afraid to go to a 'high end' shop for an estimate, because the more reputable the shop (regardless of expense), the harder time they'll have fighting your estimate.

Anyway, good luck... Its shocking how that cop just didn't care... I'd call someone at the department and file a complaint. If I was mugged, and came running up to a cop for help, and they said, "Well, there isn't anything I can do about it." they'd be in big trouble. But on a bike? Whatever!

peace,
sam
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Old 07-15-05, 10:10 PM
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Just another note, don't let them talk you into going to 'their' shop. You have the right to choose the method or provider of the repairs. The one time I had a repair that I took to 'their' shop I got crappy service, and a half assed repair. From now on its my shop only.

peace,
sam
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Old 07-18-05, 09:26 AM
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Quote adjuster just came by and said he'd need to make sure everything checks out and should be back by tomorrow morning to write the check for me. I'm glad I'll be able to put the accident behind me so fast. I still have to wait 3 months for my brand new villin.
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Old 07-18-05, 09:40 AM
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You got hit exactly 3 blocks away from my house. I've had a couple close calls in that roundabout -- it's so small.

I'm glad to hear you're more or less okay and have a new custom frame on the way. Going to opt for the curved seat stays?
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Old 07-18-05, 06:42 PM
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Yeah. I have to get them again. I think I have to buy a bike for the meantime. I can't imagine how fat I'd get in 3 months. I like my singlespeed mtb ok, but it's too slow to motivate me. Let me know if you see any decent fixies (or fixables) I could pick up for the wait.

It looks like I have $250 to spend considering that's what the insurance company is giving me to say "my puffy scratched ankle is just fine."
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Old 07-19-05, 09:55 AM
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diego frogs - the firetruck comes b/c the fighters are trained in basic cpr, carry oxygen, and can generally get to a scene before the paramedics. better safe than sorry, eh?
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