ngateguy

Remember 911 is only to be called when there is a serious injury , serious damage, or ht and run otherwise you are to exchange insurance info. Then if an insurance claim is needed file a report at the nearest station. Calling 911 for minor accidents (and this one sounds like it is) is a no no, at least up here in WA

cyclezealot

Calling 911..Of coure, I mean't if there is any significant damage. Minor scraps, even most motorists overlook all the time. Considering the mass of cars, I just normally would expect the worst to happen.
Yes, I very easily rail against motorists. it is my prejudice. That prejudice in not necessarily centered about the fact I am a cyclist... Much of the prejudice originates from behaviour I see as a motorist.
The games people play on the highway are insane.The big hurry just to speed up to the next traffic jam. That emotional rush is making people nuts.
Thanks for whoever said..
Building roads to counter gridlock is like loosening the belt to end obesity.

LittleBigMan

O/T.

franklen

Thanks for all your comments and support. Doctor checked me out yesterday and said all looks ok, except for some scrapes and soreness that I can expect around my left shoulder for a few days. I put in a call like I mentioned to the police and they didn't want to deal with a report after the scene was past, so they took a record of my call. I don't have "an attorney" or other sort to contact, so my next step is to contact the driver now with a list of costs (Dr. visit co-pay, torn clothing, new helmet, left pedal which appears slightly bent). I was thinking I would make sure to get any payment from her in the form of a check so there is a record of her paying for the items resulting from the accident, so that is a record of the incident in a way?

Dchiefransom

Heck, in my area, the police won't even bother to show up unless someone is actually injured, or the road is blocked. Too many idiots doing other things they need to handle. You're right about going to the police station and filing. That will give Franklen a report number should there be a problem. If the lady is actually an inattentive driver, it will start to show up as a pattern.
Franklen, glad you're okay, but you need to at least have a doctor check you out. Not only are you covering your own butt, but if you really think the lady was genuine, it will help cover hers as well. Catch any small stuff before it gets bigger.

Dchiefransom

It's a record covering both of you, but I wouldn't push it if she wants to give cash. Take a friend as a witness, but don't allude to that ("We're headed to the mall, so I came over").

papagoth

I haven't read the entire thread but I get brushed and clipped often here in NYC area. You are lucky the driver even stopped.
Look, the most important is your health, then your bike, then your pride...
Make sure you are ok - especially if you had a head impact. If you are still sore after 5 days, go to the doctor and get the report. You will need this in a legal issue.
Even if the police say it is not required, a report IS required by ALL insurance company. Pending on the financial situation of the driver, and their policy, they may require you go through the insurance company. Get the bills in order - especially the bike. (I had a bill for $3k+ for my totaled Softride and the insurance company refused to pay until I retained council)
As for the Pride part - look, if you're seriously scared or mentally altered from this experience, you need to get professional help. This is only if you are seriously hurt. Obviously posting here and talking with your mates about the accident is usually all the "therapy" we need. Get back on the horse is the best advice from any one.
The only reason to protect yourself is from experience - or hearing experience from others in like situations.
Every time I get hit - seriously with damage or knocked down, I get the report just to be safe. Every time a driver said, "I will pay for damages" they didn't want to after - and their insurance didn't want to either, that was until they saw the police report. THEN they whistle another tune - pay for the bike/damages and then have you sign a waiver stating you won't sue for further damages.

On a personal note - I hate the legal system in this country. Everyone refuses to take responsibility for their actions; therefor litigation is always a factor in our lives. If only we all realized that with absolute freedom requires absolute self-discipline.

I am stepping down now from the soap box.

franklen

Well, after trying to get things settled, I sent a list of damages to the offending driver. The total was somewhere in the $260.00 range, pretty cheap if you ask me for what she cuold have done. A new helmet, rain gear which were ripped, and a pedal set that was bent, all standard gear nothing expensive.

Her reply was that she thought she had only damaged my rain pants, but understood how things came to knowledge after riding home, etc, vs, being excited and doing a review of self and bike on site. Anyway, she does indeed want me to sign off to not claim any further damages in the future. I have no plans whatsoever to ask for further claims as far as my gear or bike are concerned, but I am still under doctors care for my shoulder. I have a follow-up appointment next week, as it hasn't healed 100% and it seems I hjave a little stiffness/quivers in my left shoulder/neck/face, a pinched nerve perhaps?

Now although, my car insurance is covering all medical bills (due to PA's no fault laws) I'm not sure if I should hold off in case something more comes of my medical condition, I assume thats smart to do, but I also want to be finished with the business with the car driver. Are there time limits on these types of claims, etc? Any further guidance is appreciated.

Wasatch_commute

Must have been an attractive girl, the driver was. Reminds me of a Seinfeld episode in which Jerry chased after a wreckless driver and was speechless when he actually confronted the driver who was an attractive woman.

Ohio Trekker

Frank,

Never really understood PA's law with insurance, can you ask your insurance agent about signing off? Seems as though if your insurance is covering medical, it would be up to them to pursue the offenders insurance if they aren't going to cover your medical. Sounds like your dollar damages are being addressed to your satisfcation, perhaps you could sign off on "stuff" but not medical???

franklen

Well, after a long back and forth with the car driver who perpetrated this incident on me, she decided to submit to her insurance company since I wouldn't sign a release form to absolve her of all future claims. (I had good reason as I am still seeing a doctor for my left shoulder and face, occassional pain brought about by use, though still have full use, and a nagging numbness on the left side of the face that comes and goes).

Anyway wanted to rant about the fact that the insurance company is probably only going to give me "replacement" cost of the items damagaed. Which is only about $230 overall (rain pants and top, polypro pant sna dtop, all with holes in the knees and elbows, new pedals and new helmet). SO what I may get half of this? Sorry if anyone works insurance here, but this seems like a total ripoff. I think it is one thing to have replacement costs on a vehicle, which would cover the whole cost of a new part, but you can't repair a piece of clothing to where it was aesthetically if not functionally, and you certainly can't buy something new without investing more money. I shouldn't have to invest this, she should.

I guess what one would do is small claims court for the rest, but since it is such a small amount it seems pointless. Oh yeah, I have up to 2 years to submit a pain and suffering claim for personal injury. I hate the thought of this sort of behavior through the legal system, but We'll see how my doctor treatment turns out. I'm still commuting daily though. Ride on!

Seanholio

Replacement Value is typically the cost required to replace the item. I think you may be confused with depreciated value, which is where you get less because the item is used.

LittleBigMan

You might need a lawyer. If your face is still acting strange after 4 months and the insurance company doesn't want to pay, this might be your only option, Franklen.

madpogue 

People in cars who belong on the bus are potentially much more dangerous than people on bicycles or in wheelchairs who belong on the bus. It's physics, not politics.


Exactly the reason Franklen should take action. The driver's state of mind after the crash (according to US-DOT and NHTSA, there are no "accidents") isn't relevant, it's her conduct that caused the crash that's relevant. As was stated elsewhere here, the kindly, contrite attitude after the fact is a great subterfuge (sp?) for getting the victim not to take appropriate action.

madpogue 

Franklen, I'd recommend filing a police report, in case this driver is involved in anything again, and the victim needs evidence of her past history. Also, whether you need one or not depends on what her insurance company says. I'll bet a nickel they'll require you to produce one before paying out on the damage to your bike, clothes, etc.

Don't assume that either your body or your bike are alright. As stated above, you may have problems hours or days after the crash. And your bike may be damaged in ways/places you can't see. Take it to a LBS for a once-over.

Did your helmet hit the ground? If so, if it hasn't been said yet, replace it. Make sure her insurance company understands that, and pays for it.

Good to hear you're in one piece. If alternative remedies aren't too "woo-woo" for you, Arnica is a great healing remedy.

Trek Rider

Only problem with filing a police report is that it happened in February. If the person that hit him tells their insurance company that they did in fact hit him, then he wouldn't need a police report.

Depending on where he lives, he may be SOL for getting dime one from the insurance company. In some states, the insurance company has to be notified within 30 days of any claim. Something that in this case seems as if was not done.

franklen

Well since the other party did notify thier insurance company to deal with the claim with me, they had to have told them they hit me right? Plus I have a signed letter, sent certified by her in which she states something to the effect of her agreeing to pay damages.

SHould hear something in the near future about what if any they decide to pay.

Haven't heard of Arnica, madpague, can you fill me in?

madpogue 

It's a homeopathic. At our local hippy-dippy pharmacy, you can get it in homeo pellets or a topical cream. My wife had a fall the other day (new, clunky shoes got caught in the toe clip). Knee looked like it had a ping-pong ball implanted. She limped to the pharmacy (three blocks, fortunately), and freebied some arnica cream from the "tester" jar. Bought some "Injury 7" homeo (it's arnica, rhus tox, and five other homeos). Threw the bike on the bus, went home, iced it for an hour or so. A few hours later, it was like it never happened. Yesterday morning she sprained her ankle on the stairway (carrying a 25-lb bag of cat litter). Didn't have any cream at home, so she iced it on and off, and took the I-7 every hour, and elevated it. This time it didn't heal until today, but she's back to normal. Missed a beautiful riding day, though. What can I say, the stuff works.

noisebeam

I am interested to know what happens to a cyclist when clipped like this. Of course every situation is different, but in general say one is traveling at 20mph and a car traveling at 40mph clips you with their mirror.

Do they generally hit ones upper arm or elbow?

Do you get pushed sideways off the road (toward curb)?

Can you get pulled toward the road, (even if not caught on car)?

What actions are best for cyclist to take? (I would assume there would be no time for reaction though)

Al

1inamil600

I agree

ChezJfrey

I'm both jaded and vindictive these days; I've been hit too many times (once is too many, four has just pushed me over the edge I guess) to be "nice." You ask what you should have done -- I'll instead just explain what I would have done.

I'd have gotten up (assuming I can), and called the police. Then, I'd stop some witnesses. I'd gather contact information from the witnesses, and identification, vehicle and insurance information from the person who hit me. Then, I'd wait silently for the cops. This process will probably take about an hour.

I figure even if the person was merely careless, they need a lesson. Therefore, I will inconvenience them in any way possible through waiting and hopefully receipt of a citation - then I will sue them (or file insurance claim) for every bit of damage I can attribute to the collision. I deserve at least that, and they deserve to feel some repurcussions (though small they may be).

franklen

I simply lost control when my handlebars were clipped, and I swerved right then left and ended up down on my left side close to my line of travel which was near the middle of the lane. Experience always helps with your reaction to these types of situations. I was pretty shook up after the collision, but if it ever happens again I will handle it exactly as ChezJFrey detailed.

As an update, The insurance company has offered $150 (of the $230 in damages I submitted) for a property damage settlement. I am still under doctor's care at the time being for my injuries and may ask for a personal injury settlement at a later time if the injuries continue to warrant such.

kurremkarm

What can I add to this thread that hasn't already been said? I just want to say that I have never been in an accident that was my fault as a driver and before i gave up my car about 2 years ago i had been driving for almost 20 years. Someone paying attention to the road, with both hands on the wheel, driving at a prudent speed is not too likely to miss a large object like a bicyle and bicyclist.

Don't make excuses, don't accept I'm sorry. Driving is a privelege and the law requires that cars share the road with cyclists. The oops factor is ok when two SUV's bump but when a car hits a person it is never OK. Oops doesnt cut it.

I have seen a car going about 35 MPH hit a dog that weighed about 100 pounds and it killed the dog from internal bleeding. I keep that thought in mind when i deal with cars on the road. If someone has to be extra cautious it might as well be the cyclist. That means watching for cars, looking before lane changes, and being prepared for the common car issues like sudden right turns and intersections.

We want people in cars to think that they need to watch out for cyclists everytime they get in their cars.

noisebeam

You got to the main issue: Respect for driving a car and the responsibility to human life that one takes on when behind the wheel. I felt strongly about this before getting back into cycling and now I am even more aware. Speeding, aggressive driving, red light running, etc. all a sad state of the society I am surrounded by. To many folks act like its a game where its OK to leave a bloody path of 'losers' in their wake. I'll change your last line to read:

"We want people in cars to think that they need to watch out for cyclists, pedestrians and other cars everytime they get in their cars"

Al

kurremkarm

I wonder if the main issue isn't as simple as a lack of respect for others in our society? And the biggest problem facing cyclists is that many drivers don't believe we should be on their roads. And to a lesser degree the law enables this belief by setting two standards, one for cars and one for bicycles. Eh, I'm off to work in rushhour traffic wish me luck