Mercier

A few hours ago I was biking down a street when a cab, that was going in the opposite direction, tries to do a u-turn, cutting me off. I hit the brakes but it was too late. I swerved a bit to avoid hitting the passenger window. My left shoulder / leg and front wheel took the brunt of the hit. The driver apologized profusely, saying he didn't see me.

My lights were on and flashing--he just wasn't paying attention.

A bystander saw the incident happen ( as he was putting his bike in the garage, coincidentally). He came up to the cab driver and I to make sure all of the right measures were taken--I got the cab driver's info as well as the bystander's.

I'm starting to think I should have filed a report right there, but I wasn't thinking clearly. I'm still kind of tripping.

anyway, I'm not sure where to go from here. the bike looks okay aside from the wheel being out of true and the brake lever being busted, but the left side of my body is in major pain. I'm planning on going to the student health center tomorrow morning.

do I just forward the bills to the driver? He clearly didn't want insurance involved as he gave me his cell number and asked to go to him first before anything.

Squirrelli

I am glad that you are able to type this post, at least you aren't missing a chunk of your arm or a piece of your organ at the scene.

Don't go to him first before anything, straight to the insurance company you go.

Leave the bike as it is, take a few picture to prove that it's all mashed up because of the hit. Take pictures of bruised body parts if needed. File everything to the insurance company.

Thank god for the kind bystander for his actions, you really would've been screwed if you didn't have the cabbie's info down.

cc700

call your insurance right away. then, no matter what they say, call the cops. ask them if they will file a report. they will likely not bother since the scene is no longer in progress and you aren't seriously hurt(able to call them) but it's worth a shot.

i can't stress enough... even if you think you're fine, you need to be checked out and you should seriously consider suing for damages. the cabbie likely has insurance so he's covered, and you may develop a tick in your shoulder a few months down the road that you're not going to want to pay for therapy to resolve.

believe me, my wrist and ankle are still ****ed up and i didn't collect a cent from the person at fault. that was a dumb mistake.

jimmytango

i got hit about 2 months ago. i was on my way to work, and thought i was going to be able to make it into work, until the emt that arrived on scene talked me out of it. turned out i had a dislocated shoulder and 3 cracked ribs. in other words, go to the er and call the insurance company.

AngryScientist 

in the day and age of cell phones, if you took a hard hit, you should definitely call for a police report as soon as the incident occurs, provided you can.

go get checked out asap. take whatever documentation they give you to the police dept immediately after the hospital/doctors and file a report. they'll file one for you if you are in front of them. document everything.

chogyam

you need a police report. otherwise it's just he-said-she-said... and it can get ugly and lead to nowhere. I've gotten screwed before for not doing so. If you don't have proper documentation your likelihood for getting shafted out of money goes through the roof.

EDIT: since you don't have one though (A) if it happens again call the coppers (B) I would do what angry said... get to the ER

ianjk

If you get in an accident:

1. Make sure your head, arms, legs, back, chest are ok, then get out of the road so you don't get run over, else stay put.
2. Call the 5-0.
3. Don't talk/chat with the driver if they were polite enough to stop, wait for the 5-0.
4. Get checked out if you have ANY PAIN.
5. Get estimate from bike shop, one good enough to carry tools/gear to spot a misaligned frame/fork, not some fixie boutique that specializes in matching your ourys to deep-vs.
6. Work with driver's insurance company, not the driver.
7. Make sure every "i" is dotted and "t" is crossed, if you miss work/school, get that documented, etc.
8. Get compensated for lost time, pain/suffering, and get bike repaired at driver's insurance company's expense.

AngryScientist 

good list.

ichitz

i was in a bike - taxi accident back in july too. (note, my following experience may only apply to new york laws)

1. u HAVE to get a police report filed. Insurance companies tries to get out of things all the time and w/o a police report, u can't prove anything ever happened. Try talking to the local police dept and say they could give ur witness a call or sth.

2. Ambulance and ER is usually a good idea coz often, nothing will hurt until 3+ hrs later. Ur body is trying to adjust to shock, adrenaline rush, etc. U may think u're fine but it's a good idea to get it checked. ALSO if u reject medical assistance on site, it means u're releasing the driver/driver's insurance from any medical coverage responsibility. New York pedestrians and cyclists are always covered under the insurance's 'no fault' policy, so just go to the ER.

3. Afterwards, get the police report number (2-3 days after accident or after u file). Then call the driver's insurance company. Give them the police report number, they'll do what they need to do, and issue u a claim number. Then take that claim number to pay off whatever hospital/ambulance bill u have.

Mercier

Update:

I went to the health center and the doctor diagnosed a mild rotator cuff tear that should heal in a matter of weeks, though she recommended physical therapy to expedite the process. Normally, she said, PT wouldn't be necessary, but the injury was from trauma and not from merely being "pulled" so it may require some special attention.

I filed a report with the campus police. I let the cab driver know that. He is willing to pay out of pocket for any expenses I will and have incurred in order to leave his insurance out of it (as well as his boss).

Thanks for all the replies / advice. It'll definitely help in the future if I ever (hopefully not) need it.

jdgesus 

best $$$ accident i ever got into was with a cab.
ususally those guys are insured to hilt.

good luck, glad you're safe.

Corwings

Chances are he's probably hit something before if he's going so far as to try to pay out of pocket for medical bills, if you were uninsured and had a broken bone that would be a LARGE sum of money that he is saying he'll pay out of pocket? Honestly, people have insurance to cover things like this and you should go through the insurance company, not only because you could potentially get a better pay out than settling for "what the guy can afford" to give you and feeling bad since it's out of pocket, but also what if the guy has hit other cyclists?

You say it's pretty obvious he wasn't paying attention rather than didn't see you at all, so I say insurance is the proper way to handle this fiasco

Mercier

^You're right and it's what has had me second guessing this. I'd rather go through insurance, but the cab driver gave me the whole "I have two children so I can't lose my job" spiel and he seemed genuine about it. He said it was the first time, and while that could be a lie, I want to believe him even if that's the naive thing to do.

But then I don't want another cyclist getting hurt because I was too much of a chicken to press this forward. So...

Bah, I wish my kitten would have gotten his own damn formula >_>

531phile 

Just go through the insurance company. His word doesn't mean anything. Don't trust him. People will tell you anything to get out of a sticky situation like this.

MrJay

I was going to say that, if you are reasonably sure that you aren't seriously hurt, and traffic is pretty calm, then lay on the ground writhing in feigned agony, clutching your neck and back.

But everyone else's replies sound like better ideas.

bentchamber

if you are going to be okay, let him get you a new bike. If he delivers on that no harm no foul.
Call me old-fashioned but before I go ****ing some apologetic cab driver over I would rather just get my problem solved.

twelsch42

Cab driver doesn't give a **** about you. Why are you trying to play by his rules. Ruck that guy.

dsh

There's a good chance the cab driver is telling the truth about his situation, and that he'd get in trouble if you report him.

There's also a good chance he won't be able to pay you what your bike is worth out of pocket, and a really good chance he won't be able to pay medical bills if it comes to that.


Very important thing to keep in mind:

The longer you wait before going through insurance channels, the less likely you are to get the reimbursement you deserve. They'll see your hesitance as proof that the accident wasn't too serious, because if it was "Serious", you'd have reported it right away.

If you want to let the guy settle things off the books, that's fine and a valid option. But just keep in mind that eventually it might be "too late" to get police/insurance involved, and then if he tries to skip out on your bills you'll be in trouble.

crispyblunts

if you just have some bumps and bruises, why do you need to milk the driver for money? the driver made a mistake, he's human just like the rest of us. if your bike is effed up tell him to fix it or buy something new, but if there's no hospital bill and you're not starving with no money, just let it go. people don't need to sue each other over everything. can't we all just get along?

Lilcphoto

They aren't suggesting suing anyone... Insurance is there for a reason, this reason among others just like it. Someone injured you, it was an accident...he still needs to pay for your bills...and to make sure he does, you go through a third party, aka insurance. If you didn't then the guy might just up and vanish, like noted before.

As far as reporting it, I definitely suggest going through his insurance. He might have points docked on his taxi licence and one more might get him fired, but he should be driving extra careful if that is the case. He made a mistake and if your physically hurt by it, as well as your bike.

osiris419

Go get checked out and sue the crap out of that cabbie.

FastJake

If you're hurt enough to require medical attention, get the police/insurance involved. I'm not a doctor and don't know anything about rotator cuffs, but if it's not going to bother you then I wouldn't worry about it.

If you're not hurt, tell him you want money to fix your bike. If he gives it to you, great. No need to do anything else. If he hesitates at all, get the police/insurance involved. Like everyone said, the longer you wait the less likely you'll get anything out of this.

Abe Froman

Did you get the cab drivers insurance info or just his phone#? If no police report and no insurane info then this starts to get real interesting...

fastcrow

Deal with it, *****. Give em the hang loose and keep spinning.

peach-picker

i agree, have the cabbie replace the broken parts or buy you another bike. he could have just left the scene and you wouldnt get nothing. this is what i would have done (if i wasnt seriously injured) i would have got the police report, got the cabbies info, then i would have tried to reason with the cabbie, (like have him buy me a slightly nicer bike) and settle it outside of the insurance, i would be much faster for me to get back riding that way and i dont run the risk of ruining someone elses life because of an accident. if the cabbie does not want to work a deal with me then i would go strait to the insurance co. i hate how people are so quick to sue thinking they can get rich of something minor, it really messes thing up for alot of people.