Last edited by Deez0; 01-05-11 at 04:33 PM.
no brakes and im hoping these are clipless pedals, right?
Looks like someone owes you a new bike. Get the paperwork together (receipts, bike specs, pictures, statements) and put it in a nice manila folder with nice labels. People are usually intimidated enough by this that if they know they are wrong, you will get what you deserve.
Especially since this is a $350 bike we are talking about. That's not a HUGE amount of money.
Post this over at the C and V, and also at the FOO, they are both pretty good at this legal stuff, they will help.
You see, their morals, their code...it's a bad joke, dropped at the first sign of trouble. They're only as good as the world allows them to be. I'll show you. When the chips are down, these...These "civilized" people...they'll eat each other. See, I'm not a monster. I'm just ahead of the curve
Did you file a police report? If not, do so. Insurance companies will just laugh at you without one, and it sounds like the driver won't reimburse you without a bit of a struggle.
always file a police report. the sooner, the better.
always get their insurance and contact information. file a claim along with the police report and bike shop replacement estimate.
your friend was stupid to just walk away without calling the cops.
File report, get insurance involved. Unless you want to get screwed. Unbelievable how many people still don't know their rights.
Let me guess, the gearing is stock too and your friend was riding without clips. Both of you are at fault.
Where I come from, turning against the traffic is illegal. Report it to the police, get a lawyer... oh, and a brake too.
You let your friend ride a bike without brakes or foot retention and you are trying to get money from the motorist? That's just silly. Your friend wasn't hit, he ran into a car.
I've had two experiences with insurance companies concerning bicycle crashes. One was auto insurance when someone pulled out right in front of me and the other was homeowner's when an unleashed dog did the same. In neither case was there a police report or involvement of any attorneys, but both insurance companies seemed quite eager to settle once they knew that I was only seeking reimbursement for the bike damage and not for any personal injury, pain&suffering, etc. Both times I got a written statement from a local bike shop on the cost to replace the bike and the insurance companies quickly gave me a check in exchange for my signature on a statement that this constituted payment in full for the incident.
In this case I'd report it to the police and contact the auto insurance company with your receipts for the bike cost as well as a bike shop assessment of the damage and estimate. See if they're willing to reimburse you fairly before bothering to look for an attorney or escalate the process further.
But be sure first that there aren't any lingering medical issues with your friend.
There's always one (or 2) in the crowd.
You and your friend are stupid. The driver is in the right, you are going to get nada out of this, quit bugging the family or you are going to be out of pocket for a new paint job on their car. You and your friend are stupid.
This type of stuff happens - even when everyone involved is a nice person. Play it by the book. File a police report, etc.. Also, get the bike in order. Fixed gear with no brakes you need to have a clipless system or clips/straps. No matter who is at fault the car is a lot bigger and will ALWAYS win this type of fight. Car vs bike = injured/dead cyclist. Period. Be careful and be smart.
Let me guess...this was your friend's first time riding fixed?
Sounds like it could have been avoided if he either knew what he was doing or if it had brakes.
No brakes + no retention = you don't know what you're doing either.
Lead me not towards temptation, for I shall find it myself !
bikes get treated no differently from cars imo. they shouldn't be. if this was a situation where brakes couldn't have stopped anything, then the driver of that car obviously cut the biker off and is totally at fault.
get a brake, throw clips on, and hope you make it out of this one. depending on your state, brakes may be required. it may throw this whole case out (even if brakes wouldn't have stopped this accident) as that's illegal.
oh and even though i usually don't, this is the part where i tell y'all to wear helmets while riding.
You should of just taken the money and left it at that. Both parties were at fault to be honest, even if the "law" sides with one. Like it was mentioned if you're in a state with a brake law, you are pretty much screwed. If the guy was going in his drive way he had to be going pretty slow, so I wonder where your friend hit the car. He could of had plenty of time for all we know, but because he doesn't know what he is really doing on a fixed gear it could be his fault more so (w/o foot retention & brake? not to be a jerk at all, but why would you ever let a friend ride it in that condition?).
theres no such thing as automotive accident insurance only... if you plow into a pedestrian you still have to pay, your premium just goes up. they want to settle out of insurance companies to avoid paying more in the long run because a pedestrian struck by a motorist looks way worse to insurance companies than vehicle to vehicle crashes. and cyclists are considered pedestrians by law in most states.
"The car apparently didn't look and made the turn. My friend couldn't stop in time and ran right into the car flying over the hood grand theft auto style. From what my friend says he was close enough to the guy's driveway that brakes wouldn't have made a difference."
"Well I guess after he got hit, my friend got into the dude's face and was yelling some things that got some neighbors to come out. Apparently somewhere in there he said how the bike has no brakes (the neighbors even heard it). What I'm wondering is, can that be used against me (actually my friend) in anyway to prevent us from getting anything out of the situation?"
The whole situation is laughable, I hope it does go to the police so we can get an update on how the police don't understand fixed gear culture.
well, we're going to have to assume it's as his friend says as there's no video evidence. it's not like cars cutting off bikes is unheard of.
and you're going to say it's the riders fault because he yelled at the guy who made him crash? i dunno about you, but people who **** my day up make me mad.
the brake law will **** you. i don't think the rider was at fault, but insurance isn't going to pay **** based on that.
Insurance will pay out on this, no doubt. File a police report, though. Once the report is filed, it will be pretty standard stuff. The brake vs. no brake issue isn't going to come up unless the motorist hires an attorney who thinks about that. Honestly, insurance companies don't look into this kind of stuff that much. They will probably just write a check for 350 and be done w/ it.
If you were claiming injuries or anything else, then you might be in for a harder fight.
This is all assuming that your friend's info is correct. If he is lying, then it could be a diff. story.
P.S.--this is coming from someone who has been involved in 8 car wrecks and works at an attorney's office.
Your friend and you are like tweedle dee and tweedle dum
Your friend heads out in a new bike with no brakes and no foot retention? He gets into an accident with a car and doesn't call the police? You let the other people push you around and think of accepting $150? Considering that their car and a bicycle collided and the rider was injured (and it was probably their fault), they ought to be kissing you for only asking $350.
I'm kind of curious how old you are.
Last edited by supercub; 06-19-09 at 12:37 AM.