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  1. #1
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    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?

  2. #2
    Senior Member DieselDan's Avatar
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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.
    Bikes use brakes to stop.

    If your bike has breaks, don't ride it.

  3. #3
    Ride for Life wearyourtruth's Avatar
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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)
    before posting, a "noob" should always ask themselves "could this have been answered by first visiting Sheldon Brown

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    Senior Member aekeroo's Avatar
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    ^^+1. tag # is most important.

    is she ok?

    dude sounds like a prick

  5. #5
    some new kind of kick Suttree's Avatar
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    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.

  6. #6
    or tarckeemoon, depending marqueemoon's Avatar
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    Get names and contact info for witnesses!

  7. #7
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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?

  8. #8
    for drinking Straws's Avatar
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    tell her not to run lights.

  9. #9
    some new kind of kick Suttree's Avatar
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    Quote Originally Posted by mosquito View Post
    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?
    She should talk to a lawyer directly or look up the small claims court procedures
    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?

  10. #10
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    62nd and 2nd in NYC

  11. #11
    cab horn
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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.
    Mes compaingnons cui j'amoie et cui j'aim,... Me di, chanson.

  12. #12
    some new kind of kick Suttree's Avatar
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  13. #13
    ALL PARTY ryansexton's Avatar
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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.

  14. #14
    Senior Member NewYorkMantle's Avatar
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    Quote Originally Posted by mosquito View Post
    62nd and 2nd in NYC
    in that case, she ain't getting ***** and the cops don't care. sorry.

  15. #15
    some new kind of kick Suttree's Avatar
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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.
    Last edited by Suttree; 12-30-07 at 10:32 PM.

  16. #16
    partly metal, partly real sp00ki's Avatar
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    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.
    Quote Originally Posted by bonechilling View Post
    Road [racing] is one of the only sports where adult men can compete in a non-scholastic setting, so inevitably 8/10 racers are fiercely-competitive nobodies. It's fun as hell, but it's also the foremost refuge of defeated and aging jocks, turned middle-management types.

  17. #17
    anarchy burger skelly's Avatar
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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.

  18. #18
    cab horn
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    Quote Originally Posted by kaiju-velo View Post
    ^^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.
    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.
    Mes compaingnons cui j'amoie et cui j'aim,... Me di, chanson.

  19. #19
    Member Scaryspice's Avatar
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    A NYC taxi driver....shoot, we have a hard time when we collect from them when they hit a CAR. Anyways good luck.
    Flatter me, and I may not believe you. Criticize me, and I may not like you. Ignore me, and I may not forgive you. Encourage me, and I may not forget you."


    -- Sir William Arthur

  20. #20
    some new kind of kick Suttree's Avatar
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    Quote Originally Posted by operator View Post
    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.
    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.

  21. #21
    I step on puppies kringle's Avatar
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    Quote Originally Posted by kaiju-velo View Post
    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.
    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.

  22. #22
    some new kind of kick Suttree's Avatar
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    Quote Originally Posted by kringle View Post
    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.
    Were you in NY? Did it ever occur to you that different jurisdictions have different laws?
    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--
    Last edited by Suttree; 12-30-07 at 11:57 PM.

  23. #23
    100% USDA certified the beef's Avatar
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    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.

  24. #24
    Senior Member NewYorkMantle's Avatar
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    Quote Originally Posted by kaiju-velo View Post
    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--
    i think you mean a nyer knows it's pointless to bother. you either walk away from the accident (if you can walk) with petty cash on hand, or file a police report that never amounts to anything and forget about it. unless the driver is overwhelmingly in the wrong (under the influence, forcing traffic, burning lights), that's just the way it is in the city.

  25. #25
    Senior Member Charlesbian's Avatar
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    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.
    [SIGPIC][/SIGPIC]

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