That sucks....any word on whether she got a ticket? Are you going to sue?

You may want to call you own Car insurance agent to find out what your rights are in your area. This differs from state to state. I'll expain by example what I learned this Spring regarding NY state rules for cyclists being involved in an accident with a cyclist or pedestrian. Once you know your rights get in touch with the insurance company of the lady that hit you. Don't agree to any payoffs, but find out the case number and where all the paperwork needs to be sent to. Sometimes it goes to the local insurance agent, sometimes it goes to corporate. Hopefully you'll be as lucky as I was and their Insurance company doesn't hassle you in any way. If you have any doubt, or your injuries look like they will take a while to heal, reach out to a lawyer. As around to find one that you know has dont a good job helping someone you know. As with any profession there are people that are good, there are those that are OK, and there are also the ones that a bad. You need help not trouble.

This this Spring in was hit in a similar way to your accident. An older driver was stopped at a stop sign, me traveling straight on road with right of way. Just as I was about to cross in front of her car she went. After I bounced off her hood she looked mortified... I was almost worried about her having a stroke from the shock. Clearly she never saw me, and having a 6'2.5", 230 Lbs, guy landing on your hood out of no where must be shocking. The same day as the accident her insurance agent called me. I finally got ahold of the agent the following business day in the morning and explained the accident. The guy was very helpful. He informed me that in NY state my regular health insurance would not cover me for this accident (at that point a minor moment of panic), he went on to explain that there is a No Fault clause if a car hits a cyclist or pedestrian. The car insurance of the automobile driver involved with the accident pays all the expenses. He gave me the Hanover Insurance Case Number and address to send all the medical bills to told me to give this to the hospital. Sure enough I get a call from the hopital later that day stating my insurance is refusing to pay... luckily I knew this was coming. I passed along the information from the Hanover agent, and I never saw a medical bill! I also bought a new bike (it had frame damage, but was 26 years old), some new cloths that were damaged during the crash, and all new accessories for the bike to match what I had before (fenders, bell, rack, etc.). In about 2 weeks I got my money for the physical items (about $1000). I was given grief about buying a new bike when my old one was well... old, they paid 100%. During this time I also received a call from Hanover Insurance directly to get my Employer's info. In NY State you are allowed to claim 80% of you lost wages unless the injury is severe, then other rules go into affect. Since I didn't break anything, and I was not out of work for any long period of time this did not apply to me. A few weeks later I got my money for my 1/2 day I spent at the ER. I was lucky, A. I didn't get hurt badly. My thumb got jambed and my nail was funky for a while. In an other week or two the last vestiges of that will have grown out enough the be clipped off.
B. Hanover Insurance gave me no grief.
C. No lawyer was needed

Good luck and get better soon.

André

Glad you seem to be ok, physically.

Wanting to post about it from your gurney? Maybe you should have hung around for a psych eval.:D

Be careful with broad strokes of your pen there. My dad is 82 and hasn't had a crash in over 40 years. 3 of the teenagers on my street have totalled thier cars, 2 of them have had DUIs, and several have had multiple tickets and minor incidents. The kid across the street backed over my mailbox one night and tried to deny doing it even though I was watching him.

Yeah, it's the old people causing all the problems. Maybe if they had never reproduced...

FWIW, I would be perfectly willing to support stricter licensing and much more intense driver education... for EVERYONE.

To the OP: Heal fast!

Az

+1 on heal fast, glad you're mostly OK and able to post about it, good luck with the recovery and administration of insurance company claims :)

That sucks man, sorry to hear it.

I hope your shoulders just sore; I had a partial rotator cuff tear a few years ago and it took quite a bit of time, and physical therapy to get it back to normal. Heck, it's still weaker than my left one, and going on 3 years now?

Hey, at least it's not a leg injury!

Full agreement on this. My father is also 82 and after driving him with him for a week this summer, his only fault is that he actually drives the speed limit instead of 10 to 15 over. The nerve! Yes, I worry about him, but the fact is he hasn't had a ticket in about 30 years and gets yearly physicals including eye exams.

I do agree that after a certain age, drivers should probably get checked/tested more often. Its a fact of life that some physical skills deteriorate as we get older. But I think the same extra testing should hold true for younger drivers who don't yet have enough experience or, in many cases, maturity to drive a car safely in all normal situations. Not that this would ever stop all accidents from happening.

And when I had a car pull in front of me that sent me flying at about 30 mph, the driver was in her late 30's and a mother of 3 kids who ride their bikes less than a 1/2 mile from where we met. I was somehow lucky to walk away with a sprain and road rash. I got the names and numbers of some witnesses, and the driver agreed to pay without going through insurance. Let me tell you, however, she was more than a little shocked to learn that a bike can cost $1300.

The laws of the road will always take a back seat to the Laws of Physics. However, I find it wrong to blame a cyclist who is obeying the laws of the road for getting in an accident with anyone (car, pedestrian, other cyclist) who is not obeying those laws.

ok, so who gave you the grief? the insurance agent?

Get a good lawyer.
Those blue hairs are loaded.

Was the accident in Arlington?

Are we talking about money or medication? :D

OP: Glad it wasn't worse for you. Heal quickly.

I'm talking money.
But you bring up a good point... have your lawyer subpeana her GP and find out what meds she's on.
I'll bet loonies to Tim Horton's that she takes something that can ****** her driving skills.

Thanks for the positive words, the negative ones are ok too :)

Happened in Watertown, so not far from Arlington.

Pretty much, I try to follow the laws while riding as much as possible while still attempting to keep my safety in mind with Boston drivers. When riding I become rather mean to be honest as drivers here tend to be unpredictable, or or is that predictable in their bad behavior. It's been a lot safer since I switched out of a job downtown Boston; back then the chances were much worse. Anyways, I know the risks when I go out there, I don't try to get hit but I'm not gonna cruise along on a kids tricycle on the sidewalk at 1mph in full body armor just because I may get hit. I have a car that's been filled with gas once in the past 3 or so months but I choose to ride and run and I really like to do them fast. I'd prefer not to be killed or maimed like this but poop happens and percocets limit the pain. (and maybe I shouldn't post while stir crazy and taking them )

Man I'm glad you're ok mate. What time of the day was this? I heard you had a headlight as someone picked it up and returned it to you. Was the light on? I am curious as to how much they charge for the ambulance ride as well.

Oh man... all I can say is rest up and heal up well.

Ambulance is a private service around here. Prepare for the bill.

I can't agree with a blanket statement that nobody should have a license after 70. I know one or two 85+ year olds that I've ridden with and are really pretty decent drivers. OTOH, I have a 35 year old coworker that I will no longer ride with; I'll seriously walk 10 miles before I get in the car with her again. She goes through a full set of brakes at least every 15000 miles on her SUV, because apparently the right way to drive is to have your foot down hard on either the accelerator or the brake at all times.

Every day I see plenty of drivers under 50 that are far less deserving of a driver's license than many > 70 that I know.

But I would be fully in support of at least annual vision exams, and preferably driving tests as well. I'd also like to see universal emissions testing, but that's not gonna happen either.

Here in TN we can turn in information suggesting that a licensed driver isn't competent. I did this. One of the two I described failed to turn up for a state-directed re-examination and will have his license pulled. Took about 5 months. He died in the meantime, but the system worked. I don't know about the other.


Unkchuck - I can't see the focus being about blame. It's a straightforward negligence thing. Both parties have certain duties on the road. Breach of that duty generates liability for damages. Both directions. The damaged party asks the other for compensation. Directly ("Hey, you need to get me a new bike"), via letter ("DEMAND: Compensation for TechnoWeenie 123 you destroyed by your negligent acts on . . . ."), or via well supported claim to an insurance company. Yours or theirs, depending on your contract and whether you can figure out their insurance company. Should that fail or the negligence lie outside of the opposition's insurance, or you're just in it for fun, then you can use the courts. No biggie.

Apologies in advance, as I know this was a serious post and it sounds like a good system, but my first reaction was "How do you pull a license from a corpse?"

They pried it from his cold, dead hands. :eek:

No prob. You know if you want, I could PM them to you in case you ever miss a thread.

No, it's not. This senario has appeared here in many threads. I personally encounter it several times during each commute, especially the quarter mile fast food row... I and always seem to avoid them. Does anybody ever learn? Or is it that after a few years at Bike Forums posters start to see the same type of posts pop up and it all becomes pointless to continue. I can't take it anymore. It's probably going to break ontheroadid's heart, but it's I think it's time for me to go. Does anyone know how long posters hang in here before they have to drop out?

Ditto - if old people were causing all the problems - their insurance would be thru the roof. But it isn't. Trust me, the insurance companies would love to charge more. Az has a point. Young drivers are much worse than old drivers.

Old drivers just seem to get on our nerves because the stereotype is that they drive slow. Noone likes to follow a slow driver.

I would love to see a MUCH stricter licensing process for drivers. And god-forbid... actually not give driver's licenses to people who are poor at driving!! What a concept! Driving is a privilege and needs to be treated as such by the DMV, and then we won't need so many patrol officers out there trying to catch actual idiots or exploit their power for a free governmental money-grab.

I think every human should know how to drive manual and be tested on it. Regardless of whether you'll actually drive it someday, it helps people understand how the vehicle works... and maybe it'll even entice a few more people to use a more fuel-efficient manual transmission vehicle. I'd like to see a tiered system of licenses based on power-to-weight ratio and size of the vehicle. I.E. an old lady can't drive a Buick LeTank if she can't actually handle one. A young kid can't drive a 300HP sportscar until proving himself in it (and having to be a certain age to drive such a powerful car) 18+, 21+, etc... A soccer mom can't buy a Hummer if she can't prove she can negotiate cones for REAL parallel parking tests and other navigation/stopping tests. If someone wants a general license to cover it all, they have to take an elaborate test in each type of vehicle and prove themselves that way. No more taking driver's tests in a Corolla and then buying a Viper or Tahoe XL.

We can't really license common sense though. If only. :(

Best of luck in your recovery.

I went through this in February, when I was clipped by a guy pulling a trailer who was trying to pass me on a winding mountain road when I was going 40 mph. Thankfully, nothing but the bike was broken...but, I did have plenty of road rash and stitches.

1) Get a copy of the preliminary police report. You'll probably want to submit your own statement to supplement it, and to get your side of the event into the official police record.

2) Verify if the old lady has insurance. If she does, it may or may not make life easier for you. If she doesn't, your uninsured motorist coverage might come into play (that was my scenario).

3) Document your injuries! Take photos of them ASAP, and then every few days after. This will help document your "pain and suffering".

You should be able to get insurance to cover all your med bills, your lost time at work, and your "pain and suffering". This last item can be significant...in my case, it resulted in a low 5 figures check.

The fact that you had expert witnesses should help a LOT with your settlement.

As for a lawyer...that's a tough decision. I was treated well by my insurance company (State Farm), and didn't feel the need to retain an attorney. I did talk with an attorney who specializes in bicycle accident injuries, and he said my settlement offer from State Farm was a fair one (though he did say I could likely get more money out of them if I hired an attorney and played hardball).


And to those who said the ambulance ride would be free...what color is the sky on your planet? The bill for my 12 mile ambulance ride was $2500.

Back from a week at the beach, after being ordered not to swim by the ortho doc (ok, enforced by the wife). I had lights on the bike during the day because had I made it to the game I would be coming home in the dark. Found out that she does have insurance, spoke with them after my insurance got in touch with them. Gave the same recorded interview stuff as with my insurance and learned that the driver still hadn't called them... her agent was muttering at the logic of that. They didn't seem like they were going to be adversarial or anything but of course we'll see how that all plays out. The scabs and bruises are healing up quickly as they tend to with me though pain in the shoulder has kept me from sleeping much unless I dope myself up. Can't really lift anything yet either.


Fun stuff with car insurance in MA for those that don't know. Rates are roughly set by the state, at least to corral you into groups. The idea I guess is so that people living in Boston don't start out paying 10k a year with no accidents. Downside is that bad drivers are subsidized by charging everybody else more than they probably would otherwise. I'm paying over 1k/yr for my car as a married car accident free nearly 30 year old in the suburbs and drive my car under 4k miles a year if I include vacations. Side effect of this is that there are only a handful of companies willing to do business in MA. There's talk of loosening the laws but resistance is high in the cities; I think it'd entice people who don't need multiple cars with no parking (I've heard of spots downtown being sold for over 100k, my wife used to rent a spot for 100 a month when she lived there) to use the floundering subway but who knows.