Advertise on Bikeforums.net



User Tag List

Results 1 to 18 of 18

Thread: Do you claim?

  1. #1
    ... gokiburi's Avatar
    Join Date
    Feb 2005
    Location
    toronto
    My Bikes
    sannino track, nishiki olympic conversion
    Posts
    873
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Do you claim?

    there seems to be lots of posts about collisions/mishaps/whatnot lately...i'm wondering how many people jump through all the hoops to get some kind of claim through insurance (not necessarily your own)? i got t-boned by a cabbie at an intersection. luckily, only my front wheel was damaged (taco) and i was wearing a helmet (cracked). i stuck around for an hour for the cops to arrive because i'm sure as hell not paying for a new wheel. on a sidenote, i didn't have a front light so the cop couldn't fully penalize the cabbie..i.e. no ticket.

  2. #2
    information sponge
    Join Date
    Feb 2005
    Location
    Little Village, Chicago, IL
    My Bikes
    Lots. Mostly steel. Mostly heavy. Mostly geared, and very low, at that.
    Posts
    692
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I ****ed up the one time I was hit and let the guy go. My wheel wasn't that bad, I wasn't hurt, but after I got to work I realized my frame was bent very slightly in two places and my fork was bent actually in the steerer tube. I tell people all the time CALL THE POLICE!!! It's the law, and it could save you BIG money in medical bills/etc.
    Philosophy and feelings don't change the laws of physics

  3. #3
    Colorado Fixxer
    Join Date
    Oct 2005
    Location
    Lakewood CO
    My Bikes
    Trek Liquid 25, Panasonic Fixed, 600RR
    Posts
    78
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by gokiburi
    there seems to be lots of posts about collisions/mishaps/whatnot lately...i'm wondering how many people jump through all the hoops to get some kind of claim through insurance (not necessarily your own)? i got t-boned by a cabbie at an intersection. luckily, only my front wheel was damaged (taco) and i was wearing a helmet (cracked). i stuck around for an hour for the cops to arrive because i'm sure as hell not paying for a new wheel. on a sidenote, i didn't have a front light so the cop couldn't fully penalize the cabbie..i.e. no ticket.

    Is a light required during the day too?

  4. #4
    ... gokiburi's Avatar
    Join Date
    Feb 2005
    Location
    toronto
    My Bikes
    sannino track, nishiki olympic conversion
    Posts
    873
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by MAD Rider
    Is a light required during the day too?
    i was riding at night and the cop said he couldn't fully prosecute the cabbie because my bike wasn't "legal". he also said that toronto cops rarely enforce bike laws but that you should work with it if you want it to work for you. i can see his point. i think if the same collision happened during the day, the cabbie would be off the street.

  5. #5
    Colorado Fixxer
    Join Date
    Oct 2005
    Location
    Lakewood CO
    My Bikes
    Trek Liquid 25, Panasonic Fixed, 600RR
    Posts
    78
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by gokiburi
    i was riding at night and the cop said he couldn't fully prosecute the cabbie because my bike wasn't "legal". he also said that toronto cops rarely enforce bike laws but that you should work with it if you want it to work for you. i can see his point. i think if the same collision happened during the day, the cabbie would be off the street.

    Ahh, well I can't ride my bike at night without a light. All the paths I ride along are not lit so if I want to know where I'm going I need it

  6. #6
    blacksheep the blemish
    Join Date
    Nov 2004
    Location
    Portland/Greendale
    My Bikes
    1973 Schwinn World Voyageur (manufactured by panasonic), Italvega Super Speciale (fixed, primary ride now), Kona 2004 JTS 10 spd
    Posts
    1,063
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Don't you people think that lights are a good idea even if you're not biking in pitch black? The portion of people where you're stealth will be important because they are actively trying to kill you is much smaller than the number of careless morons who will run you down out of sheer idiocy.

  7. #7
    ... gokiburi's Avatar
    Join Date
    Feb 2005
    Location
    toronto
    My Bikes
    sannino track, nishiki olympic conversion
    Posts
    873
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by endform
    Don't you people think that lights are a good idea even if you're not biking in pitch black? The portion of people where you're stealth will be important because they are actively trying to kill you is much smaller than the number of careless morons who will run you down out of sheer idiocy.
    no argument from me. i'm just kinda peeved that the cab that hit me got on off on a technicality... picking up a light as soon as my bike is back on the road. also got a new helmet.

  8. #8
    hullo. drac_vamp's Avatar
    Join Date
    May 2005
    Location
    san francisco
    My Bikes
    74 paramount track, 80s maruishi track, 70s chesini track.
    Posts
    1,458
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    i guess its not going to change anything now, but was the cabbie breaking any traffic laws when he hit you or was he technically "in the right"? i think any marginal lawyer could have argued on your benefit about your lack of a light, should you have taken it to court and spent the time and money... just cause you had a minor infraction going on doesnt preclude a settlement, ya know? any lawyer thats slightly slippery could have gotten $ for you on that one.
    t.h.r.

  9. #9
    ... gokiburi's Avatar
    Join Date
    Feb 2005
    Location
    toronto
    My Bikes
    sannino track, nishiki olympic conversion
    Posts
    873
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by drac_vamp
    i guess its not going to change anything now, but was the cabbie breaking any traffic laws when he hit you or was he technically "in the right"? i think any marginal lawyer could have argued on your benefit about your lack of a light, should you have taken it to court and spent the time and money... just cause you had a minor infraction going on doesnt preclude a settlement, ya know? any lawyer thats slightly slippery could have gotten $ for you on that one.
    update: i met with the adjuster, and as expected, he wanted to settle pretty much right away. i told him i wanted to get reimbursed for my wheel ($150cdn, rim, spokes, build.. hub was okay..woo hoo miche) which isn't a lot to ask for. the guy also asked about my helmet which cost about $100 10 years ago. so it looks like i'm in line to pick up 250 canuck bucks!
    about the cabbie: he wasn't legally charged with anything but the adjuster (sent from his insurance company) said that the majority of the fault lay with the cabbie. he arbitrarily said 90% of it lay with him and admitted it would've been 100% if i had a light. despite that, he wasn't about to nickel and dime me on the pay-out. all in all, a not unpleasant experience with the adjuster.

    hmm, maybe this should've been posted in advocacy....

  10. #10
    Senior Member pwarre20's Avatar
    Join Date
    Dec 2004
    Location
    Chicago, IL
    Posts
    181
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I got hit by a car about a year ago, my chin was split open so badly that I was taken to the hospital before the police got to the scene.

    when I got out of the hospital, I went to the appropriate precinct to pick up an accident report, only to be told that I had "abandoned the scene" and there would be no official accident report filed... The responding officer let the driver go.

  11. #11
    Senior Member highpants's Avatar
    Join Date
    Oct 2004
    Location
    minneapolis
    My Bikes
    iro mark v 48x16 or 15 i think (fixed), surly 1x1 32x16 (free)
    Posts
    607
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    had a lot of close calls, most recently with a pack of segues, or segways, or however it's officially spelled, but so far i've been able to shout my way out of harm's way:

    "HEY!!!!" at the top of my lungs has worked well, but i understand that i've been lucky.

    i'm too terrified to ride without both front and back lights, both of which blink, and a helmet, which doesn't blink but does manage to always be too tight around my throat and too loose around the sides of my face.

    and no brakes.

  12. #12
    Senior Member soyboy's Avatar
    Join Date
    Aug 2005
    Location
    brooklyn
    My Bikes
    raleigh gran prix converted to fixed
    Posts
    941
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    i know some cities have laws requiering breaks, but could they hold that against you if there was an acident? i've heard tell of people getting out of it by demonstrating a skid but if the bike is damaged you can't really do that

  13. #13
    Senior Member pwarre20's Avatar
    Join Date
    Dec 2004
    Location
    Chicago, IL
    Posts
    181
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by soyboy
    i know some cities have laws requiering breaks, but could they hold that against you if there was an acident? i've heard tell of people getting out of it by demonstrating a skid but if the bike is damaged you can't really do that
    the law in some areas states that you have to be able to bring your bike to a skid and stop within a certain distance, with or without brakes.

    If you were involved in an accident where the law was similar to this, you chould accept the ticket or penalty, but make sure you get pictures of your drivetrain (to prove that you're using the same gearing), and demonstrate your ability to stop within a legal distance for the court.

  14. #14
    Sweetened with Splenda
    Join Date
    Sep 2003
    Location
    Brooklyn, Alabama
    My Bikes
    Too many 80s roadbikes!
    Posts
    2,335
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by highpants
    had a lot of close calls, most recently with a pack of segues, or segways
    Those things are running in packs now? Damn. Are they legal on the streets and/or sidewalks in MPLS? I think they're officially illegal in NYC, though I have no idea if that's ever enforced... I rarely see them anyway.
    Falling down is not exercising.

  15. #15
    Senior Member pwarre20's Avatar
    Join Date
    Dec 2004
    Location
    Chicago, IL
    Posts
    181
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by brokenrobot
    Those things are running in packs now? Damn. Are they legal on the streets and/or sidewalks in MPLS? I think they're officially illegal in NYC, though I have no idea if that's ever enforced... I rarely see them anyway.
    In Savannah, GA, theres a company that gives historic tours on them. These tourists get 10min of training and take to the streets in groups of ten or more, I cussed at them alot, but thats my nature.

  16. #16
    Rebel Thousandaire Ya Tu Sabes's Avatar
    Join Date
    Sep 2004
    Location
    Hartford, CT
    My Bikes
    Public D8, Yuba Mundo (cargo), Novara Buzz (1-speed, soon to be 2-speed w/ a kickback hub), Xootr 1-speed folder
    Posts
    733
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Here's my lawyerly two cents:

    Are we talking about getting drivers prosecuted to the fullest extent of the (criminal) law or about bicyclists getting money for their damages? Because if it's a question of criminal prosecution, the cyclist's compliance with regulations isn't nearly so important as what the driver did - did he break a rule of the road? Did he intentionally or recklessly injure the cyclist? Sometimes, the failure of the police to file a report or press charges can be overcome - some states allow citizens to go to court and swear out complaints directly (but you'd have to know who the driver was).

    If the question is about getting paid for damage to the bike (or the body), the bike's compliance with regulations will be relevant only if non-compliance contributed to the accident. So if you're riding a bike with inadequate braking power and an accident happens that could reasonably have been avoided if you had stopped sooner, the bad brakes matter. But if you're going through a green light on your brakeless freewheel bike and some fool driver runs a red light and blindsides you, you should be able to collect anyway, 'cause the lack of brakes was irrelevant (assuming you didn't see him coming in time). Of course, insurance companies will always try to say that any deficiency of your bicycle means the accident was partly your fault, but they're not the court, they're an interested party that benefits from not paying damages.

    For what it's worth, if the amount of damages you're claiming isn't too high (which, given how much cheaper most bikes are than most cars, should usually be the case) and you make it clear to the insurance company that you intend to pursue the matter, they'll probably offer you a good settlement. My wife got knocked over at low speed, causing bent handlebars, a tacoed wheel, and a swollen knee. Her insurance covered the medical parts, and the driver's indurance paid $250 on a single-speed cruiser that I had found in the trash and built up for her for about $40. I also once negotiated with a driver directly and got $500 by agreeing not to sue her for totalling my $60 three-speed.

  17. #17
    ... gokiburi's Avatar
    Join Date
    Feb 2005
    Location
    toronto
    My Bikes
    sannino track, nishiki olympic conversion
    Posts
    873
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Ya Tu Sabes
    Here's my lawyerly two cents:

    ....

    wow.. great reply. can i retain you for 4 cents??

  18. #18
    Rebel Thousandaire Ya Tu Sabes's Avatar
    Join Date
    Sep 2004
    Location
    Hartford, CT
    My Bikes
    Public D8, Yuba Mundo (cargo), Novara Buzz (1-speed, soon to be 2-speed w/ a kickback hub), Xootr 1-speed folder
    Posts
    733
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by gokiburi
    wow.. great reply. can i retain you for 4 cents??
    Next year. Right now, I work for the state.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •