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Singlespeed & Fixed Gear "I still feel that variable gears are only for people over forty-five. Isn't it better to triumph by the strength of your muscles than by the artifice of a derailer? We are getting soft...As for me, give me a fixed gear!"-- Henri Desgrange (31 January 1865 - 16 August 1940)

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Old 10-20-05, 01:20 PM   #1
gokiburi
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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.
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Old 10-20-05, 01:23 PM   #2
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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.
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Old 10-20-05, 02:21 PM   #3
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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?
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Old 10-20-05, 03:05 PM   #4
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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.
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Old 10-20-05, 03:38 PM   #5
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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
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Old 10-20-05, 05:30 PM   #6
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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.
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Old 10-20-05, 05:42 PM   #7
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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.
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Old 10-20-05, 05:49 PM   #8
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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.
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Old 11-08-05, 06:26 PM   #9
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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....
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Old 11-08-05, 06:34 PM   #10
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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.
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Old 11-08-05, 08:21 PM   #11
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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.
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Old 11-08-05, 09:43 PM   #12
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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
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Old 11-08-05, 09:58 PM   #13
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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.
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Old 11-08-05, 10:03 PM   #14
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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.
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Old 11-08-05, 10:07 PM   #15
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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.
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Old 11-09-05, 10:18 AM   #16
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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.
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Old 11-09-05, 10:44 AM   #17
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Here's my lawyerly two cents:

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wow.. great reply. can i retain you for 4 cents??
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Old 11-09-05, 10:50 AM   #18
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wow.. great reply. can i retain you for 4 cents??
Next year. Right now, I work for the state.
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