Right hooked
Man is my knee going to hurt tomorrow. Driver passes me, hits the skids, starts to turn right and stops. Somehow I managed to click out before I made impact.
It's only a matter of time when it happens never if it will. My streak of five years without making contact with something solid is now over. :lol: So since I technically hit the car (ruined a good tire trying to get stopped) who's at fault? |
Originally Posted by AGGRO
(Post 10191063)
So since I technically hit the car (ruined a good tire trying to get stopped) who's at fault?
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Driver is at fault for making a right turn while passing, but it will be difficult to prove without independant witness statements.
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Generally, make a claim with the opponent's insurance company. Include: 1.) a demand for a specific amount you can defend, something fair; 2) a demonstration that they as the insurer are responsible for paying you ("Idiot allowed me to copy his insurance card" - nothing fancy); 3) narrative of the accident, brief and totally factual and complete - neutral with no obvious spin; 4) explanation of why what the insured party did was wrong (look up "negligence per se" and so on; 5) explain that the damages you claim are a direct result of the incident; and 6) attach a list of things they should pay for and documentation of those things' values. A clear, proper letter backed up by written estimates works. At least I've not ended up in court starting with a good letter. And I have received a number of checks. Be reasonably fair and honest.
Keep in mind that "proof" in a strictly legal sense gets presented in trial and that trial proves expensive. If your story seems completely credible, and makes the insured liable, and your claim for damages seems reasonable and has supporting documentation then the insurance company may well simply pay. You need not demonstrate that the State prosecuted the defendant for violations or crimes. The burden of proof in civil court is quite easily met by those telling the truth, rather than the steep hill faced by the State in criminal cases. Good luck |
Originally Posted by mandovoodoo
(Post 10191489)
Generally, make a claim with the opponent's insurance company. Include: 1.) a demand for a specific amount you can defend, something fair; 2) a demonstration that they as the insurer are responsible for paying you ("Idiot allowed me to copy his insurance card" - nothing fancy); 3) narrative of the accident, brief and totally factual and complete - neutral with no obvious spin; 4) explanation of why what the insured party did was wrong (look up "negligence per se" and so on; 5) explain that the damages you claim are a direct result of the incident; and 6) attach a list of things they should pay for and documentation of those things' values. A clear, proper letter backed up by written estimates works. At least I've not ended up in court starting with a good letter. And I have received a number of checks. Be reasonably fair and honest.
Keep in mind that "proof" in a strictly legal sense gets presented in trial and that trial proves expensive. If your story seems completely credible, and makes the insured liable, and your claim for damages seems reasonable and has supporting documentation then the insurance company may well simply pay. You need not demonstrate that the State prosecuted the defendant for violations or crimes. The burden of proof in civil court is quite easily met by those telling the truth, rather than the steep hill faced by the State in criminal cases. Good luck 1) If there was a police attendance and there was a police report taken, include a photocopy, in your documentation, this should be marked PHOTOCOPY. Make sure that you keep copies of any documents you send, these should be sent via registered mail or courier - delivery signature required. Insurance companies have a nasty habit of losing documents. Being able to state that it was signed for by G. Liddy at their office, means that it got there, so it's their problem. |
The car is most likely at fault with regard to the vehicle code, but you may also have been at fault by choosing a position too far to he right at the intersection. Hard to tell by your post. It happenend to me years ago. Heal fast.
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Need many more details to make a call.
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The driver is at fault for making a right turn while passing.
The police will give you a ticket for riding contraflow, which you weren't. The drivers' insurance will offer you a middle finger salute to cover doctor's visits to make sure there isn't any internal damage around your knee. The lawyer will get all the money. You're screwed. What's new? -Kurt |
I suggest filing a claim. If the auto insurance company offers you a settlement you consider fair and you are reasonably certain you will have no ongoing medical or related expenses, accept the offer.
If you are not being treated well, contact an attorney. The notion that an attorney will take all or even most of the eventual settlement is flat wrong. Just read the agreement carefully before signing. |
Originally Posted by cudak888
(Post 10192643)
The driver is at fault for making a right turn while passing.
The police will give you a ticket for riding contraflow, which you weren't. The drivers' insurance will offer you a middle finger salute to cover doctor's visits to make sure there isn't any internal damage around your knee. The lawyer will get all the money. You're screwed. What's new? -Kurt |
Originally Posted by gcottay
(Post 10192957)
If you are not being treated well, contact an attorney. The notion that an attorney will take all or even most of the eventual settlement is flat wrong. Just read the agreement carefully before signing.
I don't know about this, I've never been involved with any sort of legal stuff. |
Originally Posted by njkayaker
(Post 10198208)
Useless.
-Kurt P.S.: Did you not read the small print within my signature? |
Originally Posted by cudak888
(Post 10198898)
One could say that of this forum too. Lighten up and learn to recognize self-depreciating brevity.
-Kurt P.S.: Did you not read the small print within my signature? |
Originally Posted by Roody
(Post 10199210)
Personally, if everything you write here is a "parody" I would prefer that you not post at all. Foo and P&R are Bikeforum's venues for spammers and trolls.
Some folks here think they own a self-appointed purple star. -Kurt |
Sounds like failure to maintain control of his vehicle from your description.
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Originally Posted by Roody
(Post 10199210)
Personally, if everything you write here is a "parody" I would prefer that you not post at all. Foo and P&R are Bikeforum's venues for spammers and trolls.
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Originally Posted by crhilton
(Post 10199802)
Yea, Cudak's contribution was light hearted and obvious. It wasn't a troll.
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Originally Posted by crhilton
(Post 10199802)
Yea, Cudak's contribution was light hearted and obvious. It wasn't a troll.
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Originally Posted by gcottay
(Post 10200490)
It in no way assisted the OP or added anything constructive to cycling advocacy or safety.
Better yet, show me a thread that has manifiested a positive outcome for cycling advocacy - either locally or nationwide - as a direct result of the discussion. Hint: About the only discussion that comes close to it is K'Tesh's "Advocacy Thread... What Have YOU Done Today???". -Kurt |
Originally Posted by cudak888
(Post 10198898)
One could say that of this forum too. Lighten up and learn to recognize self-depreciating brevity.
-Kurt P.S.: Did you not read the small print within my signature? If it managed to be funny, that would have been OK. If an attempt at parody is indistiguishable from people being serious or fails to be funny, then it's a failure of the parodist.
Originally Posted by cudak888
(Post 10200604)
Show me 10 threads posted within the last two weeks on this thread that have demonstrated constructive cycling advocacy.
Better yet, show me a thread that has manifiested a positive outcome for cycling advocacy - either locally or nationwide - as a direct result of the discussion. Hint: About the only discussion that comes close to it is K'Tesh's "Advocacy Thread... What Have YOU Done Today???". -Kurt |
I think there should be a place on BF where people can whine and vent and get some understanding from fellow cyclists. It bothers me that anyone that has a bad experience and posts about it in A&S is almost guaranteed to get negative reactions from trolls, self-hating cyclists, vehicular cyclists and motorists masquerading as cyclists.
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Originally Posted by unterhausen
(Post 10200839)
I think there should be a place on BF where people can whine and vent and get some understanding from fellow cyclists. It bothers me that anyone that has a bad experience and posts about it in A&S is almost guaranteed to get negative reactions from trolls, self-hating cyclists, vehicular cyclists and motorists masquerading as cyclists.
Maybe there should a sub forum or sticky labeled "Charity" (Not Rides) where the whiners and venters and even cry babies are promised positive reactions from the Real Cyclists like unterhausen. |
How far in front of you was he when he went to make the turn?
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This is why I'm leery of cagers in that lane, today I went between the two lanes ( hard to explain what I mean) at a red light, to avoid getting pwned by a right-turning idiot that doesn't shoulder-check etc.
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Originally Posted by njkayaker
(Post 10200665)
And your silly post was constructive?? What a self-important tool! Sheesh.
-Kurt |
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