Eddie Loves You

Got hit by a car again today. I'm fine, but my ride isn't. The lady who hit me admits full responsibility and seemed very sorry about it; should I just let her pay me for repairs under the table, or should I get her insurance company involved? She was pretty shaken up, so I think she learned her lesson as far as being aware of cyclists on the road.

What have you fellow car-targets done in the past?

Cyclist0383

Did you file a police report? Did she tell you she would pay you? Are you in the US?

zeytoun

Are you sure you're ok? Did you get bumped at all anywhere? If there's a chance, then get a check up first. It can take a little while for symptons to manifest. If it was the sort of thing where you're 100% sure you couldn't have gotten hurt (like you landed on your butt, are fine, but the bike got ran over) and her check clears, I'd personally be happy to just walk away with the money. I don't really believe in making it a legal/insurance/bureaucracy issue unless 1) you are injured 2) it was in any way malicious or 3) there's a chance that they will not cover your expenses.

Eddie Loves You

Yeah, I'm totally fine other than a few scratches. I didn't file a report, but I got all of her information and have contacted her through her cell phone a couple times today. I already gave her the bike shop estimate and she agreed to pay it.

Seems ok to me but I was just wondering if there's something obvious I'm missing that will eff me over down the road.

I'm in California, btw.

Thanks for the help guys.

Cyclist0383

Go and get the cash from her ASAP. If she doesn't cough it up then go to the insurance agency ASAP.

Paul Barnard

Her insurance company needs to know she's a dangerous driver.

maddyfish

If there is property damge, or injury, you should always get a police report.

Eddie Loves You

Are there generally timeline restrictions from the time of the incident on when you can file a police report?

Blue Order

If her insurance company isn't notified within the specified time limits, and your insurance company isn't notified within the specified time limits, they can legally refuse to pay for your injuries. Do you want to take that risk?

DogBoy

I believe that time period is fairly long though...something like 1 year from the date of the accident, but it varies from state to state. If she flakes in like a month its one thing...if she's dragging it out its quite another.

PaulH

Both the police and her insurance company should be aware of her driving habits.

Paul

Blue Order

I think-- but don't know--that it's much shorter than that. Possibly only a couple of weeks. At minimum, the cyclist should check his own policy and see what the time limits are for reporting an accident.

Eddie Loves You

I have no injuries, only mike bikey does. She said she'll pay me when she gets her paycheck in a week.

I'm not too worried about it. I have her name, number, licence plate #, insurance #, and I know where she works.

AndrewP

Ask for a post dated cheque now, and thank her for avoiding the hassle of insurance and police reports.

trickmilla

Eddie,
As long as your body feels fine, I think you are being quite smart and civil about this.
And maybe to your own benifit, as I have heard that getting fair money from insurance companies is often way more difficult for cyclists than it should be.

All things being equal, I try to avoid making those insurance companies any richer off of the misfortune of others.

Eddie Loves You

If she hadn't accepted full responsibility and made such an impression on me with her genuine regret, I would have reported it. Like I said though, she seemed very sorry and shaken up; I'm sure she'll be paying much more attention from now on.

Litespeed

The man who hit my husband the first time seemed very nice, even brought my husband and the bike home. My husband took his name, insurance co name, address etc. but never got a police report. My husband contacted his insurance company and even sent them pictures of the damage to himself and his bike. His insurance company kept delaying doing anything, then finally after several months of calling and getting no respond, my husband was forced to file a claim in small claims court. Lo and behold if that didn't start a fire under them. They immediately wanted to settle. By then my husband was so frustrated with the whole thing he settled for a lot less then he probably should have. The man's insurance company said that it was 50/50 fault. If we had a police report I'm sure it would have shown the driver at 100% fault since he overtook my husband then immediately turned right across my husband path. This last time a police report was filed, just have to wait a couple more weeks to get a copy of it. My husband called our insurance company but they said that since it involved my husband's bicycle they didn't need to do anything. The bike has cosmetic damage to one pedal, the saddle and the handle bar tape (hopefully not the handle bar itself). The health insurance we have has covered the emergency room fees so don't know if the ladies insurance company will pay anything or not. We aren't really concerned about that since our cost have already been covered.

littlewaywelt

1 - get a police report
2 - contact her insurance carrier

littlewaywelt

1 - get a police report
2 - contact her insurance carrier

jit5

Why would you get your bike repaired?

In all circumstances where there is an at fault driver and ANY damage to the bike it should just be replaced.

Not at depreciated value but full replacement cost. My argument is "Do you want to be riding the bike when some damage that wasn't identified at the time causes a crash?" I am sure the bike is fine but a shiny new one is even better, especially when someone else is paying.

littlewaywelt

It's no different than a car. You're not entitled to a new bike. You're entitled to the depreciated value of your current bike if it's totalled (not the replacement value of that bike, though it often happens), or the repair value.

Damage not identified at the time isn't the other person's responsibility. It's the responsibility of the bike shop you choose for the estimate.

jit5

Having been through this a number of times, I've always received full replacement value. I always involve the insurance company and say I will promptly sign the Personal Injury Waiver in exchange for a quick replacement of my bike. The adjuster is always more than happy to take the deal even if there is only minor cut and scrapes. BTW the relacement value is usually in excess of $5000.

asuperstar103

Yeah, I would have filed a police report. I had a friend get hit not too long ago. He was fine, but his bike was totalled. He had more in his bike than his car and he didnt file a police report either. He did get his bike paid for though by the lady who hit him, but you never know with people anymore. It's hard to trust anyone.

andrelam

I had no problems this spring getting a new bike when I was clipped by a driver leaving a stop sign prematurely. I did get a police report and she did immediately inform her insurance agent. My bike was a 26 year old (but perfectly functioning Raleigh). I was afraid they would offer me $50 and say it was fair... that did not happen. My bike clearly showed stress fractures on both the upper and lower tubes near the front, so the bike was toast. I itemized all my losses. Commute bike + fenders, rack, bell, and some other misc stuff I had on my previous bike. I also put in a claim for my pants and coat that were damages when I rolled off the car and scraped the pavent a bit. My helmet/head managed to not hit anything so that didn't need replacing. I received ZERO pushback from the Insurance company. Within 2.5 weeks I had a check in hand for about $800. A few weeks later I had the check for my lost wages,1/2 day spent in the ER. I am paid hourly so this was good. Only bummer is that NY state limits this to 80% of lost wages unless the accident is serious IE you are dead, something is broken, or you have serious long term medical issues... however I am perfecly content NOT to qualify on any of those grounds. I think Hanover was perfectly happy to hand over "only" $1000. Medical claims can get very expensive for them quickly. I bet the car that his me cost at least $2000 to repair so I was relatively cheap to fix.

Happy riding,
André

littlewaywelt

I stated they often replace at full value, but again, they don't usually have to give you full new replacement value. When they do give full new value it's probably because the new-depreciated difference is so small (considering cars, etc) that it buys them good will/hoping that you won't sue.