HELP, friend had accident, is on phone with me
So she got into an accident. She isn't hurt, but her bike is F'ed. The taxi driver does not want to talk to her, she called the cops and they are both waiting for the police to get there. What should she do?
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Get the cops to get her the insurance information from the taxi driver. Get his tag number just in case. If she has a camera phone, take pictures. If she is hurt, have her go to an ER.
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yeah get his tag number in case he wants to leave. wait for the police, they should know what to do (write up a report, etc)
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^^+1. tag # is most important.
is she ok? dude sounds like a prick |
Watch the cops write up their notes for the report and then
get a copy of the police report for the subsequent battle with the Taxi Co's insurer. Get bystander's contact info to corroborate the **** later. |
Get names and contact info for witnesses!
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Man this sucks. She was biking and already was in the intersection, but didn't have the light. The taxi was going really fast. I just read that the most she can do is take it to small claims court. Can someone tell me how this works and how long the process is?
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tell her not to run lights.
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Originally Posted by mosquito
(Post 5895635)
Man this sucks. She was biking and already was in the intersection, but didn't have the light. The taxi was going really fast. I just read that the most she can do is take it to small claims court. Can someone tell me how this works and how long the process is?
herself for your jurisdiction. Many small claims courts don't allow the parties to be represented by attorneys. Having us tell you information which you then relay over the phone to her could result in disinformation--assuming we know anything to begin with, which has been the subject of debate. Where did this all go down anyway? |
62nd and 2nd in NYC
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Well good news is the cops are going to be there so no wiggling out of this one for either party.
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If she blew the red light, she has no right to a claim, regardless of the speed of the taxi driver.
Think of if you did this in a car. |
Originally Posted by mosquito
(Post 5895683)
62nd and 2nd in NYC
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^^Are you up on NY law RS? I'm not--so I can't
say whether New York's take on on assumption of the risk and comparative negligence would allow her to recover something given the limited facts we have. A plaintiff's own negligence is not a complete bar to recovery in many situations. Especially if the taxi was going way to fast. Safe to say none of us on a public board could ascertain the likely outcome unless they happen to be an att'y in NY. |
tell her to get her story straight and figure out her angle. the cab is going to try to place blame on her, make sure she knows exactly what she did and can describe perfectly and convincingly why he is at fault. cops aren't the smartest individuals in the world, so it's likely that they'll be more persuaded by the most convincing story. sucks, but it works out that way every day.
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if you're not hurt, the nyc cops couldn't care less. earlier this month a cyclist was hit in a hit and run. he called the cops to report it and the cop showed up and gave him a ticket for no bell.
but good luck anyway. |
Originally Posted by kaiju-velo
(Post 5895740)
^^Are you up on NY law RS? I'm not--so I can't
say whether New York's take on on assumption of the risk and comparative negligence would allow her to recover something given the limited facts we have. A plaintiff's own negligence is not a complete bar to recovery in many situations. Especially if the taxi was going way to fast. Safe to say none of us on a public board could ascertain the likely outcome unless they happen to be an att'y in NY. |
A NYC taxi driver....shoot, we have a hard time when we collect from them when they hit a CAR. Anyways good luck.
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Originally Posted by operator
(Post 5895934)
No, but realisticly you're a ****ing ****** if you try to place the blame on a taxi that hit you WHILE you were running a red light. Semantics, nitpicking law aside.
Actually, if the cyclist was (hypothetically) 60% at fault and taxi driver was 40% at fault for driving like a maniac--and he suffered no damage but her bike was trashed how would it be unfair for her to recover 40% of the cost of a replacement-- oh wait, this is bfssfg where reason has been suspended-- never mind. |
Originally Posted by kaiju-velo
(Post 5896016)
um, yeah--right.
Actually, if the cyclist was (hypothetically) 60% at fault and taxi driver was 40% at fault for driving like a maniac--and he suffered no damage but her bike was trashed how would it be unfair for her to recover 40% of the cost of a replacement-- oh wait, this is bfssfg where reason has been suspended-- never mind. |
Originally Posted by kringle
(Post 5896036)
I got a fender bender with a car a long time ago. I was making a U-turn and didn't see a car behind me until it was too late. The cop said the car could have been going 100 miles per hour and it still would have been my fault since he had the right of way. Percentages of fault won't matter.
NY had a pure comparative negligence rule for a time--may still. Plaintiff can recover no matter what her fault, her recovery is just reduced in proportion to her fault. And since when is a cop a final authority on the law--they are the last people I would trust in this matter. Trying to get cash out of a giant insurance company regardless of fault isn't being a ******bag it is just having a good hustle as far as I'm concerned. You all can speculate as to what you think the outcome should be--I hope this chick gets some cash however unlikely it may be. Maybe some folks would roll over for a taxi but I would hope a NYer wouldn't-- |
This is mostly unrelated to the thread - sorry - but I hear in some foreign countries the driver is ALWAYS at fault when in a collision with a cyclist, no matter what the circumstances. It's a good idea if you think about it - because while a cyclist will usually get hurt pretty bad, fault or no fault, it sure as hell encourages the driver to watch the F out for us maniacs on two wheels.
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Originally Posted by kaiju-velo
(Post 5896044)
I hope this chick gets some cash however unlikely it may be. Maybe
some folks would roll over for a taxi but I would hope a NYer wouldn't-- |
can i run a red light, and throw myself across your hood? When ur riding can i run a red light and push my cart full of cement into your path? Would i get 40% from you?
really now...lets think about this. Regardless I hope your friend is ok, tell her to get brakes for 'oh ****' moments, and make sure she starts wearing a helmet if she isnt already. And tell her what red means. EDIT: And hustling from a large insurance company can add up to rates going up for all cyclists. just putting that out there. |
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