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Hit by a car last night

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Old 09-05-08 | 06:30 AM
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From: Owensboro, Kentucky

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Hit by a car last night

Well, it finally happened. I was riding home from work last night on my bike. I had my strobe light on, my headlight on, reflector tape all over my bike and helmet, and my blinkie on, when a car that was stopped at a stop sign, pulled right into me. Luckily I was fighting a decent headwind, because I am usually going about 25 mph at this point (at the base of a small hill). His center front bumper hit my bike right behind my right leg. I went airborne and landed on my right hip while my bike landed in the other lane. Thank goodness he immediately stopped or he would have ran me over where I lay. Thanks to all of the other posts I've read on here, I decided to quit being Mr. Macho and have an ambulance haul me away. Praise the Lord, I have no broken bones, just some road rash and horrible bruises. Some kind citizen placed my bike in their garage for safe keeping (I have no idea what shape it is in) and the police made sure they got the guys name and phone number along with the insurance info for me.

How ironic is it that on Tuesday I am meeting with the Transportation Cabinet in Owensboro, Ky about bicycle rights and cyclist safety!

Anyway, I just wanted to say thank you to all of you out there who have posted similar incidents and advise on what to do to prepare me for when this happens.

God Bless
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Old 09-05-08 | 06:38 AM
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Wow...glad you're okay. Hope the bike is, too.
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Old 09-05-08 | 06:42 AM
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Glad your at least relatively OK, the guy stopped and you have his info.

I don't believe a lawyer is always the best bet, I didn't use one and all came out ok with the help of a lawyer friend who gave me subtle advice along the way. After my accident is when true patients comes in, although my insurance co and his were the same (AllSt...) and they worked well with me it's a long process. DO NOT GIVE THEM A STATEMENT ABOUT YOUR HEALTH. Tell them you don't know for sure "how you feel" or how bad your hurt. Don't lie, but if asked tell them right now you don't know, because trust me you don't. It may be a week or more before the full effects are felt, and even longer if you need physical therapy. BTW I assume you used your health care insurance for the ambulance and hospital, they will subrogate to get that back from any settlement you get....
Go to a trusted LBS with your bike, have them write up a detailed "repair" estimate. Don't let the insurance co us anything else for loss of you bike. This is separate from the health portion of the claim.
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Old 09-05-08 | 07:12 AM
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I'll second that the fundamentals of an insurance company is to change you money and then do what ever they can to deny you benifits, thats how they make a profit. the drive that hit you pays for car insurance for a reason. make sure you get what ever treatment you need and make sure you bike gets fixed.
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Old 09-05-08 | 07:14 AM
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glad you are generally OK...speedy recovery to you...and your bike
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Old 09-05-08 | 07:16 AM
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Originally Posted by crocodilefundy
I'll second that the fundamentals of an insurance company is to change you money and then do what ever they can to deny you benifits, thats how they make a profit. .
If you reread the previous poster's advice, you'll see that there wasn't any "first" for you to be seconding.

To OP, glad that it seems you are relatively undamaged, and that you've got a police report and such to help matters. Take good care.
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Old 09-05-08 | 07:22 AM
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Wow. I hope everything turns out ok. I'm just gad you're still alright.
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Old 09-05-08 | 07:45 AM
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I got hauled away in an ambulance once cause i blacked out for a bit when i t-boned a dumbass with my motorcycle when she pulled out in front of me. I regret that decision. It was fun at the time but that was ONE EXPENSIVE 2-MILE RIDE! Next time I'm getting a ride in a car.
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Old 09-05-08 | 07:58 AM
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Glad you're OK.

I see you mentioned all of the ways that you should have been visible, but you didn't mention your lane position as you crossed the intersection. I'm curious, were you to the right, near the curb, or centerish in the lane?
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Old 09-05-08 | 08:20 AM
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Originally Posted by chipcom
Glad you're OK.

I see you mentioned all of the ways that you should have been visible, but you didn't mention your lane position as you crossed the intersection. I'm curious, were you to the right, near the curb, or centerish in the lane?
I was taking the lane. In this town, people ignore stop signs and stop lights unless they see you, so I've learned to survive by taking the lane every time.
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Old 09-05-08 | 08:35 AM
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Here are some things you need to do right away.

1) Get pictures of the bike, your injuries, the accident scene, and the other person's car (if you can).
2) Request a copy of the police report, and document any witnesses.
3) Start a diary of how you're feeling every day, pains, soreness, treatment, etc.
4) If his insurance company calls you, do NOT tell them you're feeling (good, OK, better, etc.). Tell them that you're undergoing medical treatment, and following your doctors' instructions. Do NOT agree to give a recorded statement.
5) Keep records of EVERYTHING. Every doctor visit, pharmacy bill, correspondence with police, doctors, hospitals, insurance companies (including yours).
6) Check your auto insurance policy. If you have "Med Pay" (medical payments) coverage, you may be eligible for reimbursement from your auto carrier, even if your health insurance picks up the bill.
7) If the driver was cited (hopefully they were), follow the case to make sure that they don't contest the ticket. My driver did, and I had to go to court to testify against him. (He pled guilty when we finally got to court).
8) His insurance company will want to settle this as quickly and cheaply as possible. While it's not necessary to hire a lawyer and sue, it's good to talk to a couple just to understand what your rights are, and that you've covered all the bases. Only you can decide if it's the right thing to sue.
9) Make sure that you're completely recovered before agreeing to settle - you don't want something to come up 18 months from now that's related to the accident, when you've already settled the case.
10 Get a copy of Bicycling and the Law - it's on Amazon, and a useful book to have.
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Old 09-05-08 | 08:53 AM
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Scary .. Glad that you are okay. Hope you recover soon !
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Old 09-05-08 | 09:07 AM
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I got hit by a van on July 23rd on my road bike. Totaled the frame. $2300 worth. No injuries to me luckily.

1. Waited for the police report confirming that the driver was legally at fault.
2. Had a local bike shop evaluate my broken bike and write me an estimate to replace EVERYTHING that was damaged in any way.
3. Contacted the insurance company with my story, my estimate and waited for them to get back to me.
4. They wanted to see my bike to confirm its damage and make/model = value.
5. Exactly one month later with some constant contact I received a check for 90% of the new retail value of my stuff due to some depreciation. Which was Fine because I made a good amount of extra money to get some newer gear. Also if something is cosmetically damaged but still functional and you do not want to part with it, you can get an appearance allowance.

If you have injuries then you might want to get a lawyer involved. I didn't so I just took the money, replaced my bike and moved on.
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Old 09-05-08 | 09:13 AM
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I am very glad to hear you are OK. That sounds pretty scary!

I had nearly the same thing happen the other night. In this case I knew the driver saw me, but I don't think he realized that I could be going nearly 20 MPH in a 30 MPH zone. I had to hit the brakes hard not to make contact with him. I did yell out loudly that he should YIELD at a stop sign... Drivers can be very careless and for us cyclists that can mean some real pain!

Find out immediately what rights you have in your state. I was extreamly lucky when I was hit that the driver's insurance agent (Hanover) was helpfull. In NY State for instance there is a no fault clause to states that a driver's insurance MUST pay for any damages inflicted on a pedestrian or cyclists. He gave me all the relavant information so that I could call the hospital and ensure that I would never see a bill. In NY State if you didn't brake anything or are not disabled for any length of time, you are allowed to recover 100% of your physical losses, 100% of any medical bills, and 80% of any lost wages. In my mind that was was perfectly fair. A lawyer would not have helped as they would not have gotten me 1 cent more than I received. I got no grief over buying a brand new bike to replace my previous bike (I certainly did not highlight the fact that my previous bike was 26 years old).

Find out if you bike can be fixed. If not get a new replacement and don't accept any depreciation. I got a new $550 bike without any problems, I also added fenders, rack, bell, and other safety equipment that was similar to what was on the old bike. I got every penny I spent reimbursed in less than 2 weeks. If you get grief from the insurance agent, then by all means escallate the process on your end immediately.

Happy riding,
André
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Old 09-05-08 | 09:34 AM
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Sorry about that. Glad your ok and hope you recover quickly.
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Old 09-05-08 | 09:38 AM
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Take it easy and heal up quick. Hope you feel better, always sucks to get injured.
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Old 09-05-08 | 09:43 AM
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Originally Posted by d2create
I got hauled away in an ambulance once cause i blacked out for a bit when i t-boned a dumbass with my motorcycle when she pulled out in front of me. I regret that decision. It was fun at the time but that was ONE EXPENSIVE 2-MILE RIDE! Next time I'm getting a ride in a car.
You can thank our privatized healthcare for that one. Free ambulances would be socialistic, God Bless America!

OP, glad you're all right. I've been to Owensboro before. Which street were you on?
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Old 09-05-08 | 09:44 AM
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Originally Posted by kokomo61
Here are some things you need to do right away.

1) Get pictures of the bike, your injuries, the accident scene, and the other person's car (if you can).
2) Request a copy of the police report, and document any witnesses.
3) Start a diary of how you're feeling every day, pains, soreness, treatment, etc.
4) If his insurance company calls you, do NOT tell them you're feeling (good, OK, better, etc.). Tell them that you're undergoing medical treatment, and following your doctors' instructions. Do NOT agree to give a recorded statement.
5) Keep records of EVERYTHING. Every doctor visit, pharmacy bill, correspondence with police, doctors, hospitals, insurance companies (including yours).
6) Check your auto insurance policy. If you have "Med Pay" (medical payments) coverage, you may be eligible for reimbursement from your auto carrier, even if your health insurance picks up the bill.
7) If the driver was cited (hopefully they were), follow the case to make sure that they don't contest the ticket. My driver did, and I had to go to court to testify against him. (He pled guilty when we finally got to court).
8) His insurance company will want to settle this as quickly and cheaply as possible. While it's not necessary to hire a lawyer and sue, it's good to talk to a couple just to understand what your rights are, and that you've covered all the bases. Only you can decide if it's the right thing to sue.
9) Make sure that you're completely recovered before agreeing to settle - you don't want something to come up 18 months from now that's related to the accident, when you've already settled the case.
10 Get a copy of Bicycling and the Law - it's on Amazon, and a useful book to have.
Luckily, my Lawyer (family court lawyer) was in the office today and was able to give me all of the info I need. It always helps to have a lawyer around! The way the guy was telling the cops last night how it was his fault and all, I don't think I will have any problems. The good news is that if my bike is totalled, I can get a new one! Or if it is not, it gives me an excuse to buy more gadgets and brighter headlights.

Gonna take another pain pill now and surf the internet for instructions on how to mount a car headlight to my bike.
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Old 09-05-08 | 09:46 AM
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Originally Posted by uke
You can thank our privatized healthcare for that one. Free ambulances would be socialistic, God Bless America!

OP, glad you're all right. I've been to Owensboro before. Which street were you on?
I was going south on Jr. Miller BLVD. He pulled out from the stop sign at 21st street (I think he was turning left, but I was too busy screaming at him to stop to observe that much)
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Old 09-05-08 | 09:51 AM
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Glad you're okay!

When you get the new bike, let's see some bike pr0n, please.
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Old 09-05-08 | 09:58 AM
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Ask the Dr for Silvadene Cream for the road rash I had it severly over all 4 limbs and my back. 1 year later after using this stuff as perscribed for about 4 weeks, not even a scar or discolorment.
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Old 09-05-08 | 10:02 AM
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Don't forget to list your peripherals on the claim. Did you tear your clothes? Will the new bike come with reflective tape? Bust a headlight? What shape is your helmet in? The little things often add up to a lot.....
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Old 09-05-08 | 09:39 PM
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I also hope you recover soon. Good thing you were wearing a helmet. In my town, I'd say the ratio of non-helmets to helmets is 5:1. I have asked people why they don't and they almost always say the same three words "I don't know," can you believe that? I even had a friend who was struck by a car on a busy downtown street tell me that he would have died if he had been wearing a helmet. Instead he just got his face mangled. It was his doctor, or paramedic or someone that told him that, too btw.

Sorry for the rant, I hope your ride is okay too.
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Old 09-06-08 | 08:06 AM
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