ItsJustMe

Yeah, when I rode a motorcycle, I would not ever pull up so close behind a car that I couldn't accelerate to the side if I had to in order to escape.

Bike Gremlin

+1

Even when in a car, I always leave room so I can turn and move past the car in fron of me in case they break down, without needing to back up.

CliffordK

I agree.
You need to inspect the bike carefully. But, don't start doing any repair other than straightening a twisted seat post until you come to some kind of agreement with the insurance company.

It sounds like your bike has taken enough damage that it might legitimately be called a write-off. You could take it to a shop to get an estimate of full shop rates for repairs. What was the bike? How much was it worth?

Perhaps work out a deal for the cost of a replacement plus keep your old bike. Then you can fiddle with rebuilding wheels and welding stems (although a replacement stem may be more reasonable than repairing a $20 stem, unless it is something like titanium), or you just wish to fiddle with it. Or, if the frame is bad, salvage the good parts and scrap the rest.

Mr IGH

OP, if I was in your position, I would stop posting here and get a lawyer. My son was mauled by a neighbor's dog and at first I thought I could handle things myself, WRONG! It's shocking what people will do to escape responsibility for their actions/mistakes.

CliffordK

It sounds like the OP was banged up a bit, but nothing serious physically.
A few days have passed now so he should have a better idea of the recovery.

An accident/injury lawyer is always reasonable, but if there isn't a serious injury, then I'd just talk to the insurance company and see how willing they are to work with you, pay for damages to the bike (new bike), and perhaps cover your lost time or sick-leave (although your company probably already has that covered).

If you can resolve it to your satisfaction without lawyers... do it.

TransitBiker

All vehicle operators need to be a tad more responsible, and especially aware. No matter how good we get our roads & laws, you're always going to have that one moment when the system doesn't have an answer and something like this happens.

- Andy

natemeister

I was hit off of Stockton Blvd. in Sacramento, CA last May, broad daylight at around 7:30 AM, on my way into midtown from Elk Grove.
Police arrived, gave the woman a ticket for unsafe right turn into bike lane, or something of the sort.
I was able to get the report next day at the Police station off Freeport Blvd. and went to an attorney.
Attorney advised to bring my bike to a bike shop for assessment and valuation.
I actually had footage from my helmet cam, which I gave to my attorney, in case it was needed.
My bike was considered totalled, since it was a carbon bike.
6 months later, received $7K plus another $2k for the bike, but I do suffer fear of cars going by me when I bike now

Mr IGH

In theroy this sounds noble, it's been my actual real-life experience that this isn't in the injured party's best interest. The adjusters are in it to settle for the lowest cost, they are recording the calls and asking all sorts of loaded questions. OP went for an ambulance ride, that's far above my threshold for getting a lawyer. IMO, if there's medical expenses, you should get a lawyer.

CliffordK

It is my opinion that the goal shouldn't be settle for the highest amount possible, but rather find the right amount.

Why should society be organized so that somebody that was not actually hit should take half the money?

Mr IGH

When you have medical expense you have the possibility of future damages. It's impossible to get those without a lawyer.

Have you every faced this situation in real life or is this one of these idealistic conversations? Because when my kid got mauled, I got educated very quickly. It was my duty to get the maximum medical expense coverage for my kid.

And the legal fees were 20%, paid for by the insurance company. I figured they deserved to pay them since they set the rules and attempted to steal money from my 7 year old kid.

CliffordK

A back board and neck brace, is common for emergency response for an accident until a person is evaluated by a doctor.

It sounds like the OP was evaluated and discharged.

There are certainly serious complications that might not fully present themselves immediately such as subdural hematoma. However, if he is "whole" a month after the accident, the risk of serious accident related injuries popping up later would be relatively minimal. Perhaps it is something that one should not settle while one is only at 95% recovered. Wait for 100% recovery.

It is of no benefit to anybody to overpay by 20% or 50%, or more. Why doe you think our insurance rates (for everyone) are so intractable.

As far as a serious accident, I have been a few close calls in the past, but no bike vs vehicle accidents. I did hyperextend my elbows hitting some ruts in the road years ago, and perhaps never quite fully recovered. But, I don't let it impact my life either.

And, I have had enough experience with the legal system to have found an unconstitutional bias against pro-se plaintiffs and defendants.

SactoDoug

Update

This has been a learning experience. So many things did not go as expected.

I got the police report. The driver is unlicensed. She was driving one of her friend's mother's van without permission (she claims). It gets better. There was a passenger in the van that drove off with it before the police arrived. There is very little information on the vehicle besides the make and model. No one got the license plate number before it drove off. Everyone assumed that since the driver was standing there, that the van was not going anywhere.

She did admit to the police that she fell asleep and she was cited for that. The police report also says the police will seek prosecution of her for driving without a license. I don't know how that is going to work since the address she gave them is a boarded up house. There will probably be a warrant out for her arrest at some point. I hope they prosecute her.

I talked to a lawyer and found out that my auto insurance's uninsured driver coverage will compensate me for this ordeal. I have filed a claim with my auto insurance. From the phone conversation, they are going to try to hunt down the owner of the vehicle's insurance. I wish them luck. That was the routed I wanted to go but these people have shown to be very slimy.

I am going to contact my state senator and representative. Driving off with the vehicle at an accident is a huge loop-hole in the law. Both the driver and vehicle should be required to stay at the accident until law enforcement comes.

AlmostTrick

How's your physical recovery coming along? Very well, I hope. That's way more important than all that other stuff.

SactoDoug

Physically, I am healing. There are a couple of areas that I am concerned about, but overall, I am getting better.

I am working with my doctor. I had some more X-rays taken yesterday. I hope they come back negative.

I want to be back on the road in a month or two. I just hope that my recovery stays on track.

ItsJustMe

It's good that your insurance is taking care of you. Let them pay you then deal with subrogation, you don't need the grief and they have buildings full of people paid to do this kind of things, and intimidating hordes of lawyers to intimidate people and companies with.

snow_echo_NY

wow i can't believe your story. so sorry this happened and i hope they get this person and hold her accountable. awful!!!

scroca

Isn't leaving the scene of an accident already illegal?