+1 on Lawyer Up. And I'd sue till she's blue in the face.

I am so sorry to hear about this; I'm thinking that it is beyond time that BFers consider either a pre-paid, community legal service for just this situation, or simply have a type of solidarity that helps the individual get through tough times like this.

I really hope everyone heals quickly here...

I can't believe this person is making a big deal over $240.

I got creamed earlier this month, and just the ambulance ride and the preliminary X-rays and CT scans in the ER cost upwards of $2,500. That's not even counting everything else there, the following week in the hospital, or any other legal mumbo-jumbo like "pain and suffering" and all of that. My bike came out of it relatively unscathed, but had it not, it would have been a hell of a lot more than $240 to fix.

Cripes, this woman should be thankful that $240 (and whatever it costs to fix the dents in her car) will "make it all go away". She's damn lucky.

Well, glad you're okay, Random Rider, and I hope it all works out for you.

If you don't stand up for yourself, you're doing all of us a disservice. All drivers need to be respectful of us. They are not above us. Please pursue this until justice is served. Keep us posted; I'd like to know how this turns out.

If not trampoline lessons then maybe MTBing? I fallen off more off road then on the road. I reckon it teaches a few lessons on falling over, crashing etc...

More related ideas from Bob's book...
 

I'ld like to express my support for Random Rider as well. I regret that I didn't offer that in my first response. I'm also concerned about how x136 is fairing after his collision. A week, in the hospital! That sucks. I hope you get a good physical therapist and that they are able to support a complete recovery.:(

Sorry for being the long winded guy again. There are lots of great ideas in Bob Mionske's book. Honestly, you won't regret buying a copy. A couple of things about recent posts: I agree that we could learn from this situation, and it certainly concerns us all. First, Long Beach Guy is not legally responsible for wearing bright colored clothing, although it may be a good idea. As a motorist, no attorney should be able to get away with arguing that your car was the wrong color making it your fault that their client ran into you. During the day, you don't need your lights on either. But they may try that argument if that's all they have to go with. That's the kind of reason you want an attorney who knows bike law. I am ordering brighter clothing anyway.

Second, in Bobs book, he points out that the right to travel is considered a fundamental constitutional right. But like the freedom of speech, there are limits. As cyclists, we need to ride legal and encourage bicycle education so that others ride legal. I'm searching for a way to mount the reflectors that my state requires on my bike even though I use a Light & Motion headlamp and a Cateye 1000 tail light day and night. (I bought the bike used without reflectors.) I've begun putting a foot flat on the ground at each stop sign, each red light, and whenever the other vehicle at an intersection has the right of way. I'm not sure that that would be enough in some communities. They may want both feet on the ground in some of the communities I commute through, and I still haven't checked. I don't want there to be any reason I would be held negligent because it impacts who will pay, even if it were a drunk who ran me down. Up until now, I've been a follow the law "when it will make a difference" kind of rider. Now I'm a letter of the law advocate since reading Bob's book. In some states, any contributing negligence negates your ability to make a claim against the motorist's insurance.

But Long Beach Guy was going straight through a green light making another factor relevant. Bob talks about situations where you are invisible to the oncoming driver when they make that left turn into the oncoming cyclist. By "staying as far to the right as practicable" per requirements of the law in my state, Bob points out that the car ahead of me may shield me from the oncoming driver's view. If I'm overtaken while approaching an intersection, somebody could turn shortly after the car that passes on my left and strike me. The key word in my state's law is "practicable" which means I could reasonably occupy the lane so that I will not be put in danger from an oncoming car. In fact, my state's statute lists that as one exception to the rule of staying to the right. If I am not following anyone going through the intersection and in plain view, then it shouldn't matter. But it still can. Occupying the lane makes us more visible and more likely that the motorists will treat us as vehicles, so we should assert that right where it is granted by the law.

In any case, it shouldn't be a factor in Long Beach Guy's case. His attorney should argue that the driver of the car owed him a duty of care, and failed to in her rush to make an appointment. That piece of information is gold. An attorney can document when the appointment was, how far it was from the location of the accident, and how much time driving would take to make it to the appointment. I would hope that Long Beach Guy will win with good representation. I also hope that he gets his bike back by settling with the insurance company before it goes to court, because then he can get back out there with the rest of us.

Thank you all for your comments. Believe me i am standing up for myself. I AM NOT going to do any cyclists out there a disservice. I love riding my bike and want to see more people biking. She broke my bike and she is going to pay for it one way or another. When I first got the information exchange I assumed her policy number was on it. After the accident i went straight to work. I was fine and saw no reason not to go. Later when i got the damage quote and i attempted to call the insurance they said they needed the policy number. They said the couldnt search by her name because her last name was only 3 letters. It's just been a hassle throughout the week. My wife driving me to work and all right before she goes to her job. Didn't even think about a rental bike. Should of done that. Also this lady that hit me was born in 1932. Not saying bad thing about older people but from talking to her a few times her mind is a bit off. If I had one thing wrong with me i would get a lawyer belive me, but i'm fine. The next morning the only thing that ached was my left ass cheek for some reason. She said she will pay when she gets the invoice now. If she doesnt pay by Monday i will get the courts involved. THANK YOU all again. All i get is crap and stupid jokes about riding my bike everywhere from people i know and work with. Nice to have this forums for people who enjoy riding like i do.

PS. The Officer said he couldnt believe i rode my bike "that far" to work everyday.( It's only nine miles one way) Then he said it's probably time to stop riding and get a car. I just laughed and said..."nah" He was quiet after that.

You gave her plenty of time to do the right thing. At this point I'd be looking for an attorney that will financially squeeze her until she squeaks.

Glad you were not seriously injured. And I'm sorry to hear about your troubles getting compensation for your repairs. I was in a very similar accident in june '07 that destroyed the front triangle of my 520, before i could get home the driver's insurance agent had called me, I had a new bike by the end of the week.

I would suggest against a rental bike, at least if you have already had your bike repaired at the shop and are simply waiting for it the repairs to be paid. Somewhat similar to the duty to mitigate damages. You have already created the repair cost, there is no need to create a rental cost if the repair is done.

+1

I agree, and - I'm not a lawyer, mind you - I expect that accepting her payment for the bike repairs would be tantamount to closing the books on the whole affair. Given the character she has revealed thus far, I'd let a accident/injury lawyer and the courts determine what is required for you to be made whole, both now and (God forbid) in any future problems that may occur as a result of the accident.

Hidden surprises?
 

My butt sometimes hurts when I'm having back problems. It also hurts when I fall on it, or when I've been out riding hard. It can be hard to tell the difference. That's because nerves can be affected by the muscles, or affect their muscles causing tenderness or spasms. This could be the type of thing that appears later. I'ld suggest seeing a doctor, tell them what happened, what you've been feeling, and ask them assess your back.

That's funny. With a lot of the cops around here, it'd be tempting to poke them in the belly and tell them maybe it's time to stop driving and get a bike. But that probably would be ill-advised.

I think you've gotten some bad advice here.

Lawyers don't cost you a cent in most cases like this. They take a % of the award for fee. There is no downside to you for this. The longer you wait, the more issues you will have with any claim.

Assuming you are riding clipless, I would argue that this is a bad idea. Getting in and out of cleats is annoying and takes your attention away from surrounding cages that might take you out.

You can come pretty much to a complete stop. With decent balance and a bit of practice, you can come to a complete stop, without getting out of your pedals.

I understand you're just playing CYA in this case, but, when it is at the cost of actually making things more dangerous, it is a game I won't play.

I wonder if there is any legal precedent on this subject where this is taken into consideration in allowing riders to roll (very slowly) stop signs.

+1 on butt pain is a symptom of back pain.

Hope you're okay, heal up quick. Contact her insurance w/ the police report.

To the tune of the in the hall of the Mountain King:

Sue Sue sue sue sue sue sue sue
sue sue sue

Sue Sue sue sue sue sue sue sue
sue sue sue

Sue Sue sue sue sue sue sue sue
sue sue sue

Call your insurance agent
 

Seriously, call your auto insurance agent and they can get to her's. They should be able to quickly resolve this-you just need to get to the right person.

Good luck!

update?

Rejoice! You have lived to bike another day. Bikes will come and go my friend. Body parts are waaay more expensive to fix.

Glad you are OK. I like the small claims court idea. You win, she pays court costs AND your costs.

Trampoline lessons to learn how to fall? No.

Do some judo and wrestling. :)

one other thing you might want to keep in mind is that it might be possible to go for legal fees as well as the other damages...

I'm glad you weren't hurt! If I were in your position and the driver was being a jerk about facing her responsibility, I would bring a copy of the police report to the local district attorney and tell them you'd like to file a complaint for vehicular assault. Or at least I'd tell the driver that's what I was planning to do. If she's prosecuted for that, she might lose her license, at least for a little while. If she's facing a criminal charge, $240 might not seem like such a big deal anymore.