First of all, I’m 2/3rds of the way through reading a book called “Bicycling and the Law: Your Rights as a Cyclist” by Bob Mionske, ISBN 10 1-931382-99-9. Bob is a former Olympic cyclist and National Champion road racer who practices law in Portland, with a Doctor of Law degree. I am not an attorney, and I hope everyone will consider purchasing Bob’s book. I plan to when I return this copy to my local library. What I’m about to share is incomplete and is not meant to be legal advice. See http://www.bicyclelaw.com to learn more about Bob. He wrote a great book, and it steps you through what to do if you are involved in a crash while bicycling, including the insurance issues and much, much more.

In summary of what Bob says pertaining to actions following a collision with a motor vehicle:
1. Always wait for the police and insist politely that a report be filed. Give your side of the story to the officer. Ask that all insurance information be included.
2. Seek prompt medical treatment for your injuries. Have photos taken of your injuries from different angles and in different light conditions as soon as possible. Keep all medical bills and documents of tests, medications, treatments, etc.
3. Preserve your evidence. Take photos of your damaged bicycle and other equipment in the same state as it was after the accident. Don’t wash the clothes or have your bike repaired. Don’t let anyone work on the bike, and don’t allow anyone else to take possession other than your attorney.
4. Get professional advice. End all negotiations with the driver. It is typical for the driver to change their mind about cooperating after they realize the ramifications of their negligence. You want to talk to your attorney before any insurance adjusters. They are professionals charged with reducing the costs to the insurance company, and they do it in a variety of ways. Bob had experience within the insurance business as well, and offers great tips on how to deal with adjusters.

At this point, you want an attorney who is an expert in bicycling laws for your state. I’ve e-mailed Bob asking if he can name someone in my state in case something comes up. You want a copy of the police report, and if it doesn’t have her insurance number on it, you want your lawyer to get it for you. You have a limited amount of time to report this crash to her insurance company or they won’t pay even though it is her fault! Your attorney may want to file an addendum to the accident report if it wasn’t complete. Did the officer take down your side of the story? Many times according to Bob, they don’t unless you insist. They also tend to leave out facts important to the cyclist’s case. He considers it a symptom of the bias against cyclists that exists in our society, including the bias that exists in our entire justice system including among jury members. Some people will blame you for riding on the road, even if it is illegal to ride on the sidewalk where it is also far less safe.

Also, your attorney will help you understand how to document all expenses, explain your options, and may send someone to the scene to take photographs. They may hire a bicycle forensics engineer like Jim Green who could stand up to questioning in court and describe exactly what happened based upon the information available. Perhaps there isn’t enough to gain in your case, but if there were medical concerns, it could help support how the forces of the impacts (car to bike, your landing on the hood, and your landing on the ground) were sufficient to be the source of your injuries. You did dent the hood of her car afterall. He could also show how you didn't have a chance to avoid the collision. See http://www.bikereconstruction.com Your attorney may ask the District Attorney to press charges if the driver wasn’t ticketed by the officer, but you could also file a civil lawsuit if the D.A. won’t pick up the case on behalf of the state.

This driver doesn’t sound like she went out looking for a cyclist to run down. They do exist. But her request that you pay for the damage to the hood of her car could be an indication of where this is headed. Get an attorney, and don't go to small claims court on this. If the police report shows that you were riding consistent with the laws of your state and the local community, you have the right to seek compensation for the damages caused to you including many of the things members of this forum have pointed out. They are greater than the damage to your bike. I would also think that your cycling friends and all of us who participate in this forum would appreciate it if you would make sure she pays for your expenses to the full extent possible. I know that I would like to see it. We all need to stand up and hold people accountable for their negligent driving. As a group, our lives are much more at stake when people are not taking just care around us while riding our bikes. As cyclists, we have every right to expect motorists to drive with care.

dfarinwi