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Right hooked

Old 12-26-09, 03:36 PM
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AGGRO
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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.


So since I technically hit the car (ruined a good tire trying to get stopped) who's at fault?

Last edited by AGGRO; 12-26-09 at 04:26 PM.
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Old 12-26-09, 04:25 PM
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Originally Posted by AGGRO View Post
So since I technically hit the car (ruined a good tire trying to get stopped) who's at fault?
The passing vehicle has the burden of doing so safely. The driver is at fault.
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Old 12-26-09, 05:20 PM
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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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Old 12-26-09, 06:17 PM
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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
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Old 12-26-09, 08:15 PM
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Originally Posted by mandovoodoo View Post
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
A couple of things to add to this:

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.
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Old 12-26-09, 09:00 PM
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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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Old 12-26-09, 09:04 PM
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Need many more details to make a call.
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Old 12-27-09, 01:30 AM
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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
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Old 12-27-09, 08:16 AM
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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.
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Old 12-28-09, 06:04 PM
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Originally Posted by cudak888 View Post
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
Useless.
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Old 12-28-09, 08:54 PM
  #11  
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Originally Posted by gcottay View Post
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.
Indeed, a friend at work says that in almost every case he's been involved with, he's never had to have the attorney do more than write a letter, usually he has to pay them $50 or so to do it. When they see that you've got a lawyer, they'll probably stop trying to jerk you around and lie to you, and play a little more straight.

I don't know about this, I've never been involved with any sort of legal stuff.
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Old 12-28-09, 09:24 PM
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Originally Posted by njkayaker View Post
Useless.
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?
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Old 12-28-09, 11:02 PM
  #13  
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Originally Posted by cudak888 View Post
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?
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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Old 12-28-09, 11:57 PM
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Originally Posted by Roody View Post
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.
Ah yes, I forgot: Nobody can post in A&S unless the content contains whining, finger-pointing, nagging, gratuitous personal insults, or a combination of the four.

Some folks here think they own a self-appointed purple star.

-Kurt
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Last edited by cudak888; 12-29-09 at 12:06 AM.
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Old 12-29-09, 07:12 AM
  #15  
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Sounds like failure to maintain control of his vehicle from your description.
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Old 12-29-09, 07:14 AM
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Originally Posted by Roody View Post
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.
Yea, Cudak's contribution was light hearted and obvious. It wasn't a troll.
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Old 12-29-09, 10:33 AM
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Originally Posted by crhilton View Post
Yea, Cudak's contribution was light hearted and obvious. It wasn't a troll.
Obvious, certainly. Lighthearted? Perhaps, though it seemed a bit depressive to me. It was, however, as previously suggested, useless. It in no way assisted the OP or added anything constructive to cycling advocacy or safety.
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Old 12-29-09, 10:43 AM
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Originally Posted by crhilton View Post
Yea, Cudak's contribution was light hearted and obvious. It wasn't a troll.
If, like cudak, you remark that every thing you say is a parody, you are disrespecting the people you're conversing with. And yourself.
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Old 12-29-09, 11:06 AM
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Originally Posted by gcottay View Post
It in no way assisted the OP or added anything constructive to cycling advocacy or safety.
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???".

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Old 12-29-09, 11:25 AM
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Originally Posted by cudak888 View Post
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?
So, it was useless and unfunny.

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 View Post
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
And your silly post was constructive?? What a self-important tool! Sheesh.

Last edited by njkayaker; 12-29-09 at 11:36 AM.
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Old 12-29-09, 12:06 PM
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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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Old 12-29-09, 12:42 PM
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Originally Posted by unterhausen View Post
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.
Perhaps some of the negative response to the whiners and venters is because the responders, whom unterhausen disparages with nasty names, DO understand something about bicycling.

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.
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Old 12-29-09, 04:56 PM
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How far in front of you was he when he went to make the turn?
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Old 12-29-09, 05:28 PM
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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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Old 12-29-09, 08:31 PM
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Originally Posted by njkayaker View Post
And your silly post was constructive?? What a self-important tool! Sheesh.
Likewise, I can ask - and state - the same thing about your post. Think about it.

-Kurt
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