The police report has her DMV information. I'm sure the insurance company can cross reference that and get the policy number. My guess is that they might want to see the police report to make sure you are not trying to scam them.

You didn't press charges? I would've. but let's see, she's:
Witholding information
Refusing to pay for damages

lawyer up. or at the very least take her to small claims court.

THIS #$%^$#SH*7 DRIVES ME NUTS !!
A driver attempts homicide on a rider, admits she didnt care because
her appointment was more important than another human, and its as
if you are inconveniencing people to get something done about it !!
WTF !!!:mad:
Call a few 1-800-INJURY HOTLINE "We get you money or you case is Free"
lawyers and get compensated commensurately to the pain and suffering/ inconvenience
you are suffering. This is serious stuff....you were assaulted and she wants to
leave the scene for her appointment. Get whats due you - send a message.

Prolly sad but true.
If you pedaled into the likes of her while she was walking.
You would probably be handing over your paycheck for quite awhile.

Imagine if he starts developing "mystery" pains/arthritis and/or back problems in the years ahead due to this accident.

This lady is playing him off as just some worthless idiot.


He should really stand up to this incident and do the right thing by talking to a Lawyer and FAST. If not for his own sake he should do it for all those who've gotten killed by similar incidents this summer.

This is what I'd do. She had her chance to do the right thing. Now it's pile-on-the-nasty-sh*t-time. Whatever you do don't pay for the repairs yourself. Just rent a bike for $30 a day and make her pay for that too when you take her to court. Ask your lawyer first obviously.

Thank God you're ok. Did you see a doctor?

Wow exactly what I was thinking! She should be grateful she didn't hurt another human being.
And about 20 years ago I was shocked when my brother bought a bike for $150. I thought it was too expensive for a bike! :lol: In my defense, I was only 13 then.:giver:

That part about the insurance company needing her policy number is nonsense. If you have her name and her insurance company name they can bloody well look her up. Don't let yourself be stonewalled.

(1) No win no fee lawyer.
(2) Letter of demand to her insurance company.
(3) Pressure the police to charge her for not giving insurance info. and give her a ticket for unsafe driving.

Agreed! She could have killed you, and had the audacity to ask if you were going to pay for the dent on her hood? And now she is giving you grief over a lousy $240 when you could have been killed!? She sounds like someone who really deserves to be taught a lesson.

I'm so sorry to hear about this.

Be prepared for this to take a long time to settle. She's trying to weasel out of this, her insurance company is trying to weasel out of this. If you can get a lawyer to draft a letter to the insurance company, they may be quick to cut a check to replace the bike. That cost is miniscule to the sums they're accustomed to dealing with.

I worked for four years as an insurance claims agent. State Farm does not need her policy number to look-up her account. Call them back. Provide every bit of detail about her - name, address, etc. as indicated on the police report. If the rep you talk to doesn't get it, ask for a supervisor.

I can assure you that her insurance company will be quite interested in hearing about your situation and more than willing to pay for the damages to your bike. They'll be THRILLED that her negligence did not result in a costly bodily injury claim. When I took reports for accidents between our member's cars and pedestrians, the claims representatives were very quick to contact the pedestrian and see that they were alright and to do what they can to avoid having you involve the courts.

Feel free to drop me a line if you need more advice/suggestions. Visit my blog and send me an email through it.

Her insurance company needs to know about this accident and create a loss report. This will stay on her record and will be considered when her policy comes up for renewal - as it should be. She is obviously a higher risk driver given her impatience behind the wheel.

Glad you're ok and hey, keep your chin up. You rock for doing your part in reducing traffic congestion, greenhouse gases, etc. by commuting on your bike. You have rights. It's time to exercise them.

What is the law in NY? As one of the others said, in most places, after an accident, you are required to provide insurance details. The Police should have it, and should be in a position to give it to you. Failing that, as others have said, this is one time to get a lawyer on the case and nail her hide to the wall. I'm normally one for "I'm OK (assuming I am OK) just pay for the bike and the jacket" but in this case, screw her. You tried to be nice, she doesn't want to play, time for a lesson. $80? that won't pay for a decent rear wheel. :mad:

Glad you're OK.

Maybe the cops got her insurance info, but did not give it to you. Or, maybe you could call the officer who wrote the report and see if he can compel her to provide the insurance number. No need to get a lawyer involved if you can get the information more easily, because for such a small amount her insurance company is not going to put up any resistance.

I didn't read the other responses but my take is - don't call her again. Instead call an attorney. I know it's not what you want to do but you have no other choice. The attorney will make sure that you get your bike fixed and have no serious injuries or any injuries that could pop up in the future. I bet you'll be very sore tomorrow or even the next day - you don't just run up onto someone's hood and get thrown to the ground without some degree of injury. Don't mess with this.

going straight out and getting your own lawyer will cost you a chunk of change, probably more than the bike repairs, but if you have homeowners insurance or renters insurance, your bike might just be covered. Mine was when It got stolen from campus. If it is covered they will sue her ass for you, or at least settle the matter out of court.

Bicycling & The Law book
 

First of all, I’m 2/3rds of the way through reading a book called “Bicycling and the Law: Your Rights as a Cyclist” by Bob Mionske, ISBN 10 1-931382-99-9. Bob is a former Olympic cyclist and National Champion road racer who practices law in Portland, with a Doctor of Law degree. I am not an attorney, and I hope everyone will consider purchasing Bob’s book. I plan to when I return this copy to my local library. What I’m about to share is incomplete and is not meant to be legal advice. See http://www.bicyclelaw.com to learn more about Bob. He wrote a great book, and it steps you through what to do if you are involved in a crash while bicycling, including the insurance issues and much, much more.

In summary of what Bob says pertaining to actions following a collision with a motor vehicle:
1. Always wait for the police and insist politely that a report be filed. Give your side of the story to the officer. Ask that all insurance information be included.
2. Seek prompt medical treatment for your injuries. Have photos taken of your injuries from different angles and in different light conditions as soon as possible. Keep all medical bills and documents of tests, medications, treatments, etc.
3. Preserve your evidence. Take photos of your damaged bicycle and other equipment in the same state as it was after the accident. Don’t wash the clothes or have your bike repaired. Don’t let anyone work on the bike, and don’t allow anyone else to take possession other than your attorney.
4. Get professional advice. End all negotiations with the driver. It is typical for the driver to change their mind about cooperating after they realize the ramifications of their negligence. You want to talk to your attorney before any insurance adjusters. They are professionals charged with reducing the costs to the insurance company, and they do it in a variety of ways. Bob had experience within the insurance business as well, and offers great tips on how to deal with adjusters.

At this point, you want an attorney who is an expert in bicycling laws for your state. I’ve e-mailed Bob asking if he can name someone in my state in case something comes up. You want a copy of the police report, and if it doesn’t have her insurance number on it, you want your lawyer to get it for you. You have a limited amount of time to report this crash to her insurance company or they won’t pay even though it is her fault! Your attorney may want to file an addendum to the accident report if it wasn’t complete. Did the officer take down your side of the story? Many times according to Bob, they don’t unless you insist. They also tend to leave out facts important to the cyclist’s case. He considers it a symptom of the bias against cyclists that exists in our society, including the bias that exists in our entire justice system including among jury members. Some people will blame you for riding on the road, even if it is illegal to ride on the sidewalk where it is also far less safe.

Also, your attorney will help you understand how to document all expenses, explain your options, and may send someone to the scene to take photographs. They may hire a bicycle forensics engineer like Jim Green who could stand up to questioning in court and describe exactly what happened based upon the information available. Perhaps there isn’t enough to gain in your case, but if there were medical concerns, it could help support how the forces of the impacts (car to bike, your landing on the hood, and your landing on the ground) were sufficient to be the source of your injuries. You did dent the hood of her car afterall. He could also show how you didn't have a chance to avoid the collision. See http://www.bikereconstruction.com Your attorney may ask the District Attorney to press charges if the driver wasn’t ticketed by the officer, but you could also file a civil lawsuit if the D.A. won’t pick up the case on behalf of the state.

This driver doesn’t sound like she went out looking for a cyclist to run down. They do exist. But her request that you pay for the damage to the hood of her car could be an indication of where this is headed. Get an attorney, and don't go to small claims court on this. If the police report shows that you were riding consistent with the laws of your state and the local community, you have the right to seek compensation for the damages caused to you including many of the things members of this forum have pointed out. They are greater than the damage to your bike. I would also think that your cycling friends and all of us who participate in this forum would appreciate it if you would make sure she pays for your expenses to the full extent possible. I know that I would like to see it. We all need to stand up and hold people accountable for their negligent driving. As a group, our lives are much more at stake when people are not taking just care around us while riding our bikes. As cyclists, we have every right to expect motorists to drive with care.

dfarinwi

Glad you weren't hurt, but I agree with Adrian. If someone was nice and agreed to pay for what they broke, I'd have no issues with them, but in this situation, when she said ANYTHING exept OK, I would not speak to her again, but get a lawyer like everyone else has said and develop some nasty back pains that keep you out of work for months. Get the sleeziest albulance chaser you can find. "We only get paid if you win!" Stick it to her dude.

Random Rider - I'm so sorry this happened to you, and I agree with what others are saying, that you should pursue this to fullest extent you can to have her pay for your damages.

In no way do I mean this to imply that you were in any way responsible, but as a fellow commuter, and a newbie at that, I can't help thinking that when accidents like this happen we should all try to see if there is anything we can also learn from it about preventing accidents, even ones that are CLEARLY not our own fault. At all times when I am on my bike I wear a bright neon vest (with reflector stripes built in for night visibility as well). I am hoping that this will reduce the chances of just the kind of accident you had. As bright and noticeable as it is, though, I still ride with the assumption that there will be the occasional driver who just doesn't see me and so I'm always on the lookout and don't fully trust any driver. Can you tell us if you were wearing any bright safety clothing, Random Rider, and to the more experienced commuters here, do you think it might have made a difference? Just for you own safety, Random Rider, even though it was not your fault, this incident makes me want to recommend it to you.

My wifes truck was hit by a lady a while back and police officer gave us the persons insurance information so we could contact the company.

when I got hit the ladies insurance company bought me a new bike. they did not want to take a chance it would fail on me later. though only the fork was bent and the front wheel.

Well, I hope you are feeling better. You've gotten a lot of legal advice, so I'll focus on the accident. Closing your eyes was bad, but not because it was unmanly. The truth is that there is a lot you can do while you are in the air to affect how and where you land.

This is my famous, 'every bicyclist should take trampoline lessons so that they'll know how to control their body while in the air' rant. I took them in college and there have been several times where knowing what to do and doing it, has made the situation much better. This includes turning myself 90 degrees while falling one time so that instead of falling off a cliff, I landed parallel to the edge. Besides trampoline is fun!

The insurance company is giving you BS. They already know who the lady is and have probably already called her to ask about the collision.

I would pay the LBS the $240 and get back riding. Call the insurance company and tell them they have one chance only to settle for the full amount or you will file suit. Claim your helmet (if wearing one as well) you should not wear a helmet again that has been in a collision. Claim any clothing that may have any damage, no matter how small.

If the insurance company still plays games, call the lady and give her one more chance to pay for everything and let her know that if you sue her, she will likely end up paying court cost as well (depending on local laws).

At that point, if you do not have the money in hand, take her to small claims court.

Take notes of every phone call, get the police report, take photos and the repair bill to court with you.

Good luck

PS: I would have demanded a new bike.

I do not disagree with you in general, but in this case, once Random Rider knew he was going to get hit, I think closing his eyes ended up relaxing his entire body and may be a part of why he did not suffer any injury.

Relaxing muscles always seems to be a best practice when you're about to take any sort of high-speed injury. I've been on disability since June when I fell at work and blew out my knee. If I hadn't thought I could catch myself, I probably would have been sore from the fall, but I wouldn't have exposed my leg to the impact that I ended up causing by trying to catch my fall.

To go with a more vehicular concept... if I'm not mistaken drunks have a pretty good survival rate in automobile accidents, and a lot of this has to do with the tendency for drunks not to tense up before and during a crash, unlike their sober counterparts who typically tense up and sustain more serious injuries.