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-   -   Hit By a Car ... (https://www.bikeforums.net/general-cycling-discussion/1096281-hit-car.html)

Leebo 01-30-17 09:49 AM

OP, you should follow up on this. Maybe the driver has a bad record with this stuff. And some injuries might not show up for a week. Scars?

DaveLeeNC 01-30-17 10:23 AM

1 Attachment(s)
FWIW, just got off the phone with my insurance agent. And as others have said filing a claim against their insurance is quite simple - collecting may or may not be simple depending on the contents of the police report which I won't be picking up until probably tomorrow. And the LBS that knows this bike very well isn't open on Mondays so any next steps (if any) would require this input as well as there could be damage I am unaware of here. Fortunately my LBS services this bike regularly (including some non-trivial work just 2 weeks ago), so he will know exactly what additional damage might have been created.

I have already seen a doctor and this really is just a cut. As I said it didn't even know my glasses off and would have been nothing to my body had it not been for the side view mirror. And I am really not trying to 'get something extra' out of this.

OTOH, here is an interesting question. If there were frame damage this is a mid 90's Bianchi EL/OS Nivacrom steel frame with upgraded 2014 Chorus components (and wheels although I was riding my old Mavic/rebuilt wheels on this particular day). If there was unrepairable frame damage I don't even know what I would do to either replace that frame or to decide on a fair settlement amount. I really like this bike and would strongly prefer not to get a new frame (even if it were paid for).

dave

joejack951 01-30-17 10:30 AM


Originally Posted by DaveLeeNC (Post 19345822)
OTOH, here is an interesting question. If there were frame damage this is a Bianchi EL/OS Nivacrom steel frame with upgraded 2014 Chorus components (and wheels although I was riding my old Mavic/rebuilt wheels on this particular day). If there was unrepairable frame damage I don't even know what I would do to either replace that frame or to decide on a fair settlement amount. I really like this bike and would strongly prefer not to get a new frame (even if it were paid for).

If the frame is damaged, you will get market value for the frame (you won't, but your LBS might have input on this). If your insurance co. let's you keep the frame and if you decide to repair it, you'll have to bear those costs.

When my Gunnar was damaged, I worked with Speedgoat through which I had purchased most of the components and the frame to build that bike. They helped me put together an itemized list of what was on it and the replacement value of each item. They put the list on their company letterhead and I sent it off to the insurance company. I received a settlement for the full value of that list as the bike less than a year old. When my LOOK was damaged, I received roughly 75% of the value of the components (minus deductible, as that was a hit & run) but that bike was over ten years old.

FBinNY 01-30-17 10:45 AM

From the description, it sounds like you were sideswiped by a left turning car cutting the corner too tight. This kind of outside, inside, outside, turn cutting the corner and increasing the radius, is standard driving technique because it allows the corner to be taken at higher speed, but it's not sound practice in town.

Unfortunately, your driver didn't seem to care and preferred to use this technique rather than slowing down enough to square the turn properly. This is getting more common, and I've learned to distrust cars approaching from my right. I've had too many close calls when positioned to make a left, so I now wait a bit farther back.

I wouldn't let this event sour me, but take action to stay safer by stopping farther back or more to the right (or both) stating behind the line that forms the arc of this kind of sloppy turn. The only problem is when waiting to make a left, and in that case, if you have a light, turn the bars to the right if you see traffic coming from that direction.

DaveLeeNC 01-30-17 11:22 AM


Originally Posted by joejack951 (Post 19345834)
If the frame is damaged, you will get market value for the frame (you won't, but your LBS might have input on this). If your insurance co. let's you keep the frame and if you decide to repair it, you'll have to bear those costs.

When my Gunnar was damaged, I worked with Speedgoat through which I had purchased most of the components and the frame to build that bike. They helped me put together an itemized list of what was on it and the replacement value of each item. They put the list on their company letterhead and I sent it off to the insurance company. I received a settlement for the full value of that list as the bike less than a year old. When my LOOK was damaged, I received roughly 75% of the value of the components (minus deductible, as that was a hit & run) but that bike was over ten years old.

I was just curious as to "market value" for such a frame. In its day (and even now) it is a very nice frame. But I'm not sure that there is a 'market' for such things. I've never seen a similar frame for sale, but then I never looked hard.

dave

joejack951 01-30-17 11:33 AM


Originally Posted by DaveLeeNC (Post 19345956)
I was just curious as to "market value" for such a frame. In its day (and even now) it is a very nice frame. But I'm not sure that there is a 'market' for such things. I've never seen a similar frame for sale, but then I never looked hard.

The insurance company, perhaps with some input from your LBS, will decide that for you. I'm not sure how they do it but insurance companies put values on things (and sometimes people) all the time. I don't know the exact value assigned to my 2004 LOOK KG386i but I can assure you they didn't have a whole lot of sales references available for it either. I was able to provide my original receipt for the purchase, though.

bikecrate 01-30-17 11:36 AM


Originally Posted by DaveLeeNC (Post 19345956)
I was just curious as to "market value" for such a frame. In its day (and even now) it is a very nice frame. But I'm not sure that there is a 'market' for such things. I've never seen a similar frame for sale, but then I never looked hard.

dave

Cyclist gear is kind of a problem for most insurance adjusters. There isn't as much information to look for as opposed to car damage. In my case they looked at various similar types of bikes for sale around the area (mine was a 2010 Lemond Zurich). If you want to get an idea what might be fair price then look at other brands as well that might be about the same. They may also use a standard depreciation formula. I don't know what it is exactly, but it might be something like 1/3 off the original price then 10% for each year of age. Include anything that was damaged, clothing, helmet etc. when you talk to an adjuster.

Doc_Wui 01-30-17 12:25 PM

It's not my fight, but the behavior of the driver and her insurance company gets me angry just the same.

DaveLee, you had to get stitches and you're willing to let this go? My buddy, the lawyer, would tell you, "you need representation".

Leebo 01-30-17 12:30 PM

Any bike advocacy lawyers or group in your area. At least have a conversation for starters.

TimothyH 01-30-17 12:52 PM

It isn't a good idea for the OP to discuss the whole thing publicly on the internet and say things like, "I didn't even know my glasses were knocked off" and "it's just a cut."

It isn't about taking advantage of the insurance company or the other party. It's about getting what you are rightfully owed and the insurance company is going to take every opportunity to reduce their liability.

Downplaying the whole thing isn't doing himself any good and the woman did leave her lane and almost ran him over. The only reason she didn't leave his children fatherless is dumb luck.

With all due respect to the OP, he should shut up.


-Tim-

Milton Keynes 01-30-17 01:52 PM

I agree. It's never a good idea to discuss potential legal issues online.

FBinNY 01-30-17 02:14 PM


Originally Posted by Milton Keynes (Post 19346334)
I agree. It's never a good idea to discuss potential legal issues online.

Yes, but this is a low stakes case, and the OP seems to have made the decision not to pursue compensation for his injury.

Given the stakes, I strongly doubt that anyone is going to research his online activity to try to discredit him in any way. His posting to ask how "fair value" is calculated is reasonable, and no one will use that against him.

That said, anyone involved in a collision with injuries, significant property damages, or a dispute about the sequence of events should not say anything, except to his spouse, doctor or lawyer, until it's settled.

AlmostTrick 01-30-17 02:52 PM

I wouldn't fear posting about a crash online. But then I also wouldn't post anything other than the same facts I gave to the police at the scene, or what was listed in the accident report. None of this could ever come back to bite you in court, because it is already known.

DaveLeeNC 01-30-17 03:48 PM


Originally Posted by Doc_Wui (Post 19346100)
It's not my fight, but the behavior of the driver and her insurance company gets me angry just the same.

DaveLee, you had to get stitches and you're willing to let this go? My buddy, the lawyer, would tell you, "you need representation".

Just not my inclination to do that. Depending on what the bike shop says, I might submit a claim to their insurance adjuster. But I am not going to court over this one.

dave

BobbyG 01-30-17 04:09 PM

AirZound Airhorn.

Bmach 01-30-17 07:26 PM

By the time you activate your horn, bell or what ever you could have been slowing down and taking defencive actions. You use to horn, bell then have to take defencive action you have wasted a couple of seconds already. I prefer to ride defensively.

Milton Keynes 01-30-17 07:44 PM


Originally Posted by FBinNY (Post 19346400)
That said, anyone involved in a collision with injuries, significant property damages, or a dispute about the sequence of events should not say anything, except to his spouse, doctor or lawyer, until it's settled.

I agree, even in a "low stakes" case as you describe it. Best never to discuss any of your personal legal issues online until they've been settled.

JanMM 01-30-17 07:48 PM


Originally Posted by mtb_addict (Post 19346717)
+1. And use it often!

If there's a minuit chance driver might not see you...activate the horn long before you get to the intersection to alert him/her.

We're too polite here. When I was in Asia, people use the horn all the time. Especially to alert pedestrian that you are coming.

Motorcyclists use loud exhaust pipe to alert everyone.

Loud pipes save lives? Nope, no evidence of that. Loud pipes are damn annoying. But, cyclists should feel free to use their horns, bells, loud voices, etc.

DaveLeeNC 01-30-17 08:00 PM

Back to my original question I am curious as to whether other folks who ride in both 'country' and in town areas find the country to feel and be much safer (at least from ill-behaved vehicles).

dave

jon c. 01-30-17 08:11 PM


Originally Posted by DaveLeeNC (Post 19347284)
Back to my original question I am curious as to whether other folks who ride in both 'country' and in town areas find the country to feel and be much safer (at least from ill-behaved vehicles).

I ride mostly in the country as I live in the country and I don't commute by bike all that often, but I think country roads are much, much safer. At least around here, drivers are great. And the lack of traffic greatly reduces the chances of pull outs and right hooks, which are the causes of the majority of car/bike crashes.

FBinNY 01-30-17 08:24 PM


Originally Posted by jon c. (Post 19347313)
.... And the lack of traffic greatly reduces the chances of pull outs and right hooks, which are the causes of the majority of car/bike crashes.

I also agree that open country roads tend to be safer, but for the record, the majority of serious accidents (meaning, serious injury or death) aren't hooks and doors, but plain and simple hits from rear when passing. And of those, the worst tend to be on seemingly safe open roads where speeds are higher, and driver alertness levels are lower.

TimothyH 01-30-17 08:31 PM

People in the country don't know how to act around cyclists.

Many big cities with strong cycling cultures have drivers that know how to behave when cyclists are present. You wouldn't think so living there but come out to the country where I live and you see some motorist doing bizarre things around cyclists, things they would never do around other cars or motorcycles.


-Tim-

DaveLeeNC 01-30-17 08:33 PM


Originally Posted by FBinNY (Post 19347334)
I also agree that open country roads tend to be safer, but for the record, the majority of serious accidents (meaning, serious injury or death) aren't hooks and doors, but plain and simple hits from rear when passing. And of those, the worst tend to be on seemingly safe open roads where speeds are higher, and driver alertness levels are lower.

What exactly is a 'hit from the rear when passing'? Is it just a car coming from behind you and running you down? Or something other situation - thanks.

dave

FBinNY 01-30-17 08:40 PM


Originally Posted by DaveLeeNC (Post 19347356)
What exactly is a 'hit from the rear when passing'? Is it just a car coming from behind you and running you down? Or something other situation - thanks.

dave

It's not any one thing EXACTLY, and includes cars that simply plow into you, those that might hit you with the mirror, or tap your handlebar as they pass, and those which may not actually touch you, but pass so close and so fast that either the "bow wave" blows you sideways, or you simply over compensate from surprise.

So, I lump all those where an accident is the result of a passing car under one umbrella.

BTW - those "never touched him" type accidents aren't all that rare. Often the timing is such that the bicyclist falls into the road behind the car, but with long trucks, the timing is such that they swing in and crash into and under the trailer forward of the rear axle.

JanMM 01-30-17 08:42 PM


Originally Posted by DaveLeeNC (Post 19347284)
Back to my original question I am curious as to whether other folks who ride in both 'country' and in town areas find the country to feel and be much safer (at least from ill-behaved vehicles).

dave

I live in the suburbs of a moderately large metro area and enjoy riding in the country and also enjoy commuting to work in the city. I don't feel city or country is safer or more dangerous but, of course, it's easier to ride where there is a lot less traffic to deal with.


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