Hit By A Car...
 

I've never posted her on bikeforums this is my first.

That being said yesterday I picked up an older Trek as an early birthday present to myself :thumb:. I looked up the serial number and with that it is said to be a 1984 Trek 520. It has Shimano 600 on it, 15 total speeds.

As soon as I got it home. I took it out for a spin with one of my buddies. I signaled to turn left and low and behold this guy slams right into me. He was turning left onto the street I was turning off of. He says he saw me in the street but that he didn't see me signal, so I guess he was planning on hitting me anyways. I went flying my buddy says I got launched through the air with my feet staying strapped into the pedals.

So today I'm banged up and pissed! :mad:

I was wondering if any of you had some advice on what I should do about getting my bike fixed. The front wheel got taco'd, the left crank arm is bent (or bottom bracket maybe?) the back wheel is out of true. The police report will be ready in 10 days. Should I get estimates on fixing it and then ask the dude to pay for it? if he doesn't should I just take him to small claims? Any advice or experiences would appreciated.

Thanks -DH

hopefully you have his insurance information. You need to submit a claim to them.

Glad you're basically ok.

When I got hit (I had a Trek 520 totaled, but I was untouched), I went and made my police report, just in case, but I ended up simply talking with the guy and deciding on a 'fair' price to fix (read: buy another) bike. I ended up getting $700 cash from him.

I'm not saying it is the best solution, bu that's what happened to me.

You shouldn't have made a cash settlement right away. You should have priced a replacement bike, and taken into account your medical costs, and if he wouldn't settle up then, that is the time to concider court. You had him dead to rights.
I'd take the $700 and buy a new bike on bikesdirect.com

You shouldn't have made a cash settlement right away. You should have priced a replacement bike, and taken into account your medical costs, and if he wouldn't settle up then, that is the time to concider court. You had him dead to rights.
I'd take the $700 and buy a new bike on bikesdirect.com

Talk to a lawyer.

+1

The bike is probably toast- you probably bent the fork and frame if the front wheel is taco'd. Bending a crank arm is hard to do, too. I hope you got his insurance info, because either he or his insurance company will be buying you a new bike. Plus some money for the pain and suffering. Check out the prices of Trek 520's on Ebay for an estimate for the bike. Don't try to fix anything and don't accept any money until you're sure you're OK- go to a doctor, too, because you'll be hurting bad in a day or so. Good thing your buddy saw the whole thing- it comes in handy in case the guy tries to stiff you or say it's your fault. Forget small claims- go right to his insurance company. If your neck or back hurts, don't neglect to mention that when you talk to the insurance company. Go to a doctor asap. File the police report asap. If the insurance co gives you anything but "yes, sir" then hire a lawyer. You have him dead to rights, and the very least he can do is compensate you for your loss.

Best advice I've heard so far. You may want to PM a member by the name of Blue Order also.

GO TO A DOCTOR! I know it's been said, but it bears repeating.

With a police report and a doctor's evaluation, then you can decide whether you want to handle the insurance yourself, or whether you think an attorney would recover enough additional funds to be worth the 1/3rd contingency.

This brings up a good point, I avoid riding my Dawes downtown for fear of getting hit. If it were totalled how would you assign a value to a vintage bike?
I can't just search eBay for a dawes galaxy and ballpark a price for replacement.
Admittedly I have never gotten hit by a car while biking, but every day is another chance.

Thanks for all the replies everbody much appreciated. :D

I filed a police report and I'll have all his info in 10 days from what the cop said. He said thats how long it takes to process. BTW the officer was helpful but when I asked him how do people usually go about these things, he told me he had no idea that he just usually deals with cars and not bicycles. That kind of ticked me off.

So you're saying I should talk to his insurance company? I'm definitely willing to do that. I haven't fixed anything and will not be now as per yalls advice.

I have not been to the doctor, I dont have insurance, I'm a jobless student without a car.

Thanks for all the replies everbody much appreciated. :D

I filed a police report and I'll have all his info in 10 days from what the cop said. He said thats how long it takes to process. BTW the officer was helpful but when I asked him how do people usually go about these things, he told me he had no idea that he just usually deals with cars and not bicycles. That kind of ticked me off.

So you're saying I should talk to his insurance company? I'm definitely willing to do that. I haven't fixed anything and will not be now as per yalls advice.

I have not been to the doctor, I dont have insurance, I'm a jobless student without a car.

Talk to his insurance company. Worst case scenario they say your SOL and then you can get a lawyer. Any decent lawyer will take this case and wont charge you if you lose (cause you wont). They'll take 10-40% of your earnings though.

I'm not a lawyer or an insurance expert. But it seems to me not having a medical evaluation puts you at risk of under-claiming, not to mention overlooking a potentially serious injury. Bikes are pretty darn cheap compared to medical expenses. Were you wearing a helmet, and do you know whether you hit your head? Any dizziness, blurred vision, headache, etc? Glad you seem to be OK, but I'd be very careful about taking an insurance settlement without knowing the full extent of damages. Hopefully it's just the bike.

I don't recommend a lawyer unless gathering your meds is above your competency level. But by all means get checked out for your own sake.
When I handled injury claims, I always paid for a physical and the claimant's time just to make sure, even if he/she said they were OK.

1-Is the accident clear cut? Sounds like it is. Then you're probably owed, so why pay someone to "prove" it? The negligene laws vary from state to state, but a cyclist operating legally generally wins, and 99% of the time, there's no dispute about facts.

2-Do you know what your bike is worth? Can you find out? Siimple enough, either find examples or get quotes from 2 to 3 LBS. Don't forget your labor if you built it, and don't forget the price of a rental bike if you are a commuter or daily rider. Most property damage statues call for a "fair market value" and "loss of use." Most insurers won't haggle on the value if you present it straight up, and leave you the old bike for parts.

3-Can you keep a folder with all your medical bills in it? Do that, and you're 2/3 of the way to handling your own claim. A lawyer can't get them paid up front, or waive your deductible or copay, or stop the providers from asking you to pay them, so you're in the same financial boat until you settle, anyway.

4-The rest is negotiation. If you want to pay 1/3 to 1/2 of your settlement to a mouthpiece that 95% of the time simply submits bills and a demand letter, it's your call.

5-The other 5% of the time, you probably need one, where there's law, negligence, disputed facts, etc.

6-If you do talk to a lawyer, and he/she sends you to his own doctor or chiro, you are the one being played. Go to your doctor, get your injuries treated, and don't settle until you feel like you did the day before the accident, for about 6-7 days in a row.

7-Contact your own auto insurance company. If you're a full time student, or below a certain age in some states, you qualify as an insured on your parents' or maybe some other head of household's policy. You may have Med Pay or PIP or some coverage that pays your bills, too, and in many states it has no bearing on your dealings with the other guy's carrier.

8-Good luck.

Did you or the car have the right of way? There are rules of the road as to who has the right of way and who needs to yield. Did the police report assign fault?

A lawyer might not be interested unless there's some money at stake. The bike is realitively unimportant to the insurance company, but injury, treatment and recovery certainly would be.

If you're at all hurt, get treatment as a start, then a lawyer.

You're only SOL if he has no insurance. These days, a lot of people are on the road without it.
Then you'll have to take him to small claims or higher if medical treatment costs exceed small claims limits.

My story: rearended, flew and hit curb with back and hip after a somersalt. Went to ER and examined. 1st was settlement on bike at replacement cost, happened quickly, next was settlement on medical cost AFTER final release, then was pain and suffering negeotiated on final settlement. I hope you are well enough to accept the $700. What part of Norcal are you from? I've a newer 520 waiting to get rebuilt.

This sounds like 100% on the car's bad, so it shouldn't be a problem.

The bike isn't relatively unimportant to the insurance company, the state regulates how they value the bike much more stringently than they regulate how they evaluate the injury, believe it or not, and they want to get the claim settled not "as cheaply as possible," because that's illegal. The insurance company has to show that they settled the bike (property damage) accurately, and if you give them the info they need, they'll appreciate it and probably pay what you ask for.

Lawyers have ZERO interest unless there's money at stake. It's always about money. If you think because you're hurt, you need a lawyer, then you've already been played for the fool.

Tactics the insurance industry uses are simply reactions to the plethora of personal injury lawyers who have a parasitical relationship with every aspect of your life. That's their purpose.

They don't manufacture widgets, but they make widgets more expensive. They employ relatively few people, but they take a bite out of your paycheck. They don't cook, but the price of your food is higher because of them. They don't treat your injury, but they increase the bill. They are the reason it costs $40k to build a small airplane, but the liability on it, even 40 years and 18 overhauls later, raises the cost to $100k. Bikes cost more because of lawyers. Cars, food, condoms, medicine, everything costs more because of lawyers, and it's not about safety. It's about money, always has been, always will be.

Why? because as humans, since Adam and Eve, we've wanted someone to blame for life besides ourselves, and lawyers tell us we can. And it's human nature, I guess, to want more vs. less, and we can rationalize fairness to be whatever we want it to be.

The gag is that the people who "help" you get mo' money? They get it, not you. I know; I pay 'em all the time.

Keep in mind that the cost of your bike is really a pittance in terms of what insurance companies pay out in many accidents. It could cost $800 to replace a headlamp in a car vs. shopping cart accident. Having said that, you don't want to go to prison for insurance fraud over an $800 bicycle. Try to be fair when submitting property claims. Any other portions of your claim may be much more subjective and negotiable.

I was in a nasty bike-car wreck in PA in 2005, but the mechanics of my situation were much different than those you've described here. I will say that I was able to successfully deal with the other party's insurance company on my own. If I hadn't been severely injured, I probably could've gotten by without a lawyer altogether.

I'm glad you're okay, and hope you stay that way.

Can't tell from the description... were there lights, green arrows, stop signs? When I imagine 2 left turns without any signals for guidance the car seems to have the right of way if both entered at the same time.

I meant the bike value would be a minor part of the equation if there were also injury, treatment and rehab.

Does your campus have a Student Health Center? Most major colleges do. I would go there pronto to see a doc.

One thing in addition to the others mentioned here is to keep on top of the situation. Don't expect things to work out on their own. For example, if you don't have his information the day they said you'd get it, call them and make sure they give it to you. It may take several calls to get them to give it to you. I know around here getting information from the police department is next to impossible. You have to call 5-6 times a day just to get noticed.

Just don't let yourself get behind. Make sure that you find out all the facts as soon as possible, and continuously know your current options. I've never been in an accident, but nearly all of my friends have. Some of them didn't stay on top of the situation, and they ended up receiving little or no compensation.

I was on a street that has no stops. He was to the left of me at a stop waiting to get onto the street I was getting off of. I signaled and everything he just wasn't paying attention and when i told him he wasn't he had nothing to say.