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Old 04-07-04, 08:43 AM
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I got hit by a driver who swerved into the bike lane to avoid another driver this morning. No serious injuries - skinned and swollen knuckles - and no damage to my bike that can't be put right in 5 minutes at home. I was pretty furious, and called the cops - but the cops who showed up refused to take a report, on the grounds that it was an "accident" and they didn't witness it.

Afterward, it occurred to me that it was probably illegal for them to refuse to take a report, which a police officer friend has since confirmed. However, there's nothing I can do about it because I don't have the bad cop's badge number.

So, just a reminder: If you are involved in an accident, be sure that you get not only the driver's plates and licence numbers, but also the names and badge numbers of any cops who come to the scene. You may need them later!

-chris
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Old 04-07-04, 08:59 AM
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Local precinct dispatch/shift assignment/activity records should be able to narrow down who the officer was.
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Old 04-07-04, 09:01 AM
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Go make a motor vehicle accident report at the station. They will/should take it there, beat cops will take a "report" for thier needs (a log of what they do and how they respond). Not sure how things go in NYC, but minor motor vehicle accident reports are filled out the station.
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Old 04-07-04, 10:16 AM
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wow, glad your ok, and if i were you i would want heads to roll becuase of those officers. really i would go after them.... but thats just me.
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Old 04-07-04, 10:49 AM
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I agree with the rest here, go to the station and ask to file a report and inquire as to who the officers were that responded. All that info is voice recorded on the radio transmissions from the dispatcher, as well as on the computer. Those officers need to know that an accident involving a bike is just as important as a car. Sounds like they just didn't want to take the time to do their job...as usual.
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Old 04-07-04, 11:34 AM
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Here is how it works in alabama (I know because it happened to me a month ago)
So if there is less then 250 dollars of total damage (property, car, medical, ect.) then they WILL NOT file a report they tell you to go on your way, and fix your own damages. If you can show damage that is greater then 250 dollars then they will file a report, but be worned that the cyclist will be at fault (the reason is so that it will not show up on the driver of the cars fault and thus affect his driving record, drivers insurance and the statisics of accidents, since you dont know a drivers liense to ride a bike it will not affect you) Luckly most cops have no clue how much a bike cost, and if you just make up a number in the cost to fix your bike they will believe you because they do not know the difference
I dont know if this help you or not, but this is just want I found out when I was clipped head on
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Old 04-07-04, 12:40 PM
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Originally Posted by aluckyfiji
* * * but be warned that the cyclist will be at fault . . . . Luckly most cops have no clue how much a bike cost, and if you just make up a number in the cost to fix your bike they will believe you because they do not know the difference I dont know if this help you or not, but this is just want I found out when I was clipped head on
Don't take the suggestion to lie on a police report. If you do, YOU will be the criminal. It's not worth it. Based on what your cop friend said, it sounds like it's worth pressing the police department about the failure to take a report. Your cop friend should be able to give you some idea about how to ID the cop. But I agree with aluckyfiji that you risk getting a report that blames you.
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Old 04-07-04, 01:34 PM
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As it turns out, there is a form to report the incident directly onto the driver's record here in NYC, as I understand it... Obviously no charges will be filed and no ticket, but it's on the record when she eventually kills somebody. Which is all I was trying to achieve by calling the cops anyway, since there's really no damage or injury.

Thanks for all your advice!

-chris
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Old 04-07-04, 02:43 PM
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Originally Posted by aluckyfiji
Here is how it works in alabama (I know because it happened to me a month ago)
So if there is less then 250 dollars of total damage (property, car, medical, ect.) then they WILL NOT file a report they tell you to go on your way, and fix your own damages. If you can show damage that is greater then 250 dollars then they will file a report, but be worned that the cyclist will be at fault (the reason is so that it will not show up on the driver of the cars fault and thus affect his driving record, drivers insurance and the statisics of accidents, since you dont know a drivers liense to ride a bike it will not affect you) Luckly most cops have no clue how much a bike cost, and if you just make up a number in the cost to fix your bike they will believe you because they do not know the difference
I dont know if this help you or not, but this is just want I found out when I was clipped head on
Thats unbelievable!
Is'nt that how insurance works- the bad driver pays into the system more b/c he/she is more likely to use it. In this case the bad driver is left off for free thats a damn cryin shame!
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Old 04-07-04, 03:19 PM
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From having been in one bike-only crash (my fault) more than one car-bike crash (every one the car driver's fault, BTW), two things come to mind:

* NEVER assume that you're "fine" wrt. injury. You never know what will come up some time after the crash. This has happened to me twice. Most recently, after getting t-boned by a Crown Vic, I had pains on the impact side of my body that came up the day after the crash. Face it; it's not the same as a car-car crash, where you're protected by a cage of steel. With a bike-car crash, most likely the car comes in contact with your body, or your body comes in contact with the pavement, or both.

* NEVER assume that your bike isn't a total loss. You're not "lying" on a field report if you're obviously estimating, and adding up the cost of your bike, helmet, gear, etc. exceeds the threshold for making a report. Come to think of it, I made that mistake with a car-car crash once. Cab clipped my rear bumper perpendicularly. I thought it was just the fascia of the bumper that was damaged. Cop said that since it's less than $500 (the threshold here in WI), no report. Turns out he whacked the body alignment of the whole back end out; the tailgate wouldn't close right. Had to take it to a frame shop. Fortunately the cab company still paid the $700 damage, but since I underestimated at the time of the incident, no police report, therefore nothing on the driver's record.

IOW, at the scene, you just can't judge how bad things are, either with your state of injury or the extent of property damage. Estimate based on worst-case. There's no "crime" in doing so; it's not "lying". It's covering your @ss.

At least you're in one piece. That's a good thing.
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Old 04-07-04, 03:42 PM
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Something to remember when you are hit by a car and they say that it has to be some much in damage to have a report filed...
can you truely tell if you bike frame is ok? I know that the way I was hit I was afraid the rear triangle was going to be bent, thus the frame ruined, I told the cop that and he asked how much a frame was and I told him, his responce was how can YOU tell if the frame is fine, I told him the only way to know is to measure everything and see if it is still true, the point was mute after I showed him my rear wheel, but I am not telling anyone to lie to a cop, that is bad, be like madpoque said that the true damage is not always seen at first look, be a pestamestic and give them the worse case in the amount of damages, worded correctly, so he will have to file a report
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Old 04-07-04, 04:07 PM
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Carry a cheap disposable camera too. Document everything.
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Old 04-07-04, 06:35 PM
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"Big City" Cleveland, will not send officers to a traffic accident unless one of the cars can't be driven or someone is seriously injured and needs an ambulance, otherwise you must go to the precinct and file your report. Last accident was $6,000 worth of damage to my van, but I could still drive it so...

If the cop didn't want to take a report from the auto either, I would go to the station and file one anyway, I would feel the same as you and even if I wasn't hurt I would want it to be a matter of record that could down the road show a patern on the part of the offender.
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Old 04-07-04, 06:47 PM
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I am a cop, but not a lazy one. The cop that didn't take the report should have. I suggest to any one that gets hit by a car should call 911. Bikse are "vehicles" for enforcement purposes, but in D.C. we consider them "pedestrians" and accidents involving pedestrians require a report. If you have an accident and the car takes off it is Criminal offense! I take reports all the time. I could give advice all night but it might be boring... License plate, car color & type.
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Old 04-07-04, 06:51 PM
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Most all states have a dollar limit. You should also get into your laws and look to see what other element is needed. Most say injury within the reporting of accidents. Just out of curiosity, did the driver that hit you stick around. If not that could be construed as a hit and run. I know here in Arizona it's $1000.00 of damage. The other thing that you need to look at is the wording of the law itself. If it specifically says MotorVehicle you do not apply. Arizona took out several laws that you could get bicyclists on. Because they don't fall under Motor Vehicle. Check it wisely and don't argue with the officers. You can always request an officer to call for a supervisor. Always.
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Old 04-07-04, 09:08 PM
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Personally I go to the station myself -- mainly because I don't have a mobile phone. It's always worked well for me. If it ever didn't, I'd take my complaint to a higher level, and yes, with the name of the cop who didn't take my complaint seriously.
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Old 04-08-04, 12:08 PM
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Maybe you should turn up at the police station in a suit, tie and brief case, and report the damage involving "your vehicle". By the time they figure out that your vehicle is a bike, you have a reference number on the form or computer.
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Old 04-08-04, 01:30 PM
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Originally Posted by jank
I am a cop, but not a lazy one.

Thank you.

#1) For being a cop. Which is a hard, and often thankless job.

#2) For not being lazy. Which too many people are (both cop and non cop).

#3) Can you write of CA moving violations
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Old 04-08-04, 09:17 PM
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Originally Posted by MichaelW
Maybe you should turn up at the police station in a suit, tie and brief case, and report the damage involving "your vehicle". By the time they figure out that your vehicle is a bike, you have a reference number on the form or computer.
I've actually done that a few times when I've waited until my lunchbreak to report something. Seems to work pretty well.
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