ramtaajogi

I got into an accident on friday. I was riding, as right as possile, on the road and a parked car all of a sudden decides to open the door FULL SWING. Needless to say, I hit the door hard and the top tip of the door went into my shoulder and punctured my deltoids.

After a ambulance ride and a few hours in the hospital, i got some stitches and a damaged bike.

My bike has a bad dent in it and assume the car insurance company wil have to pay for this, I have to go pick up the police report on monday.


If you have had an accident please help me out, I am clueless. I would feel the car insurance company pays all the hospital bills and for my bike.

Will i get the full value of the bike, the frame is damaged?
Any legal advice for people who have taken that road?

Any help/ guidance will greatly be appreciated.

Jakey

Take the bike to a shop and have an estimate written. (just like you would take your car to an autobody shop) Dunno what the law is where you live, but here in Oregon the law is the same with bikes as it is for cars, you can take it whereever you want it repaired. Anyway... if the frame is comprimised, you will probably get a new bike out of the deal, and should get most of the full value for it. It helps to take it to the right shop though...some know how to work the ins companies better than the other ones. Just remember, most insurance adjusters know nothing about bicycles. Don't tell anyone that could talk to 'the other side' what you think the value of your bike is.

cmcenroe

Wow, that is really tough! I am always very careful to ride out of the "door zone" so this doesn't happen. I am unsure of the law; is this considered the motorist's fault?

Colin

ovoleg

Hell ya!

I hope everything works out for you. I would have been pissed, but I dont ride that close to doors and such.

operator

Not that it helps. If you ride besides parked cars. You are under absolutely no obligation to ride in door range. In fact, ride well outside door range. A bit late now, but you know next time.

cs1

I am really sorry to hear about your accident. I do insurance for a living but live in OH. I will try to tell you a few things to look out for.

The claim should be handled in two parts: PD, property damage, your bike. B.I. which is Bodily Injury what the other driver is legally obligated to pay you for your injuries, pain & suffering and lost work and wages. Usually different adjusters will handle each part. Property is easy to settle, bodily injury is very complicated.

The property adjuster usully will sign off on the bike fairly fast if you can reach an agreement. The BI adjuster won't sign off or pay you a penny, usually, until you sign off on the claim, a very bad idea. Never sign off on a BI claim until you are back to 100% functionality. If your medical bills are getting steep and you need some money you can put the claim on your Personal Auto Policy Med Pay. Call your agent, he can help you. Your insurance Co will pay you and subrogate against the other company. It shouldn't be held against you either.

IMO, you should get a competent Personal Injury Attorney. They can usually move things along quite fast and get you what you need. Most of the people here are concerned about the bike. My advice is screw the bike. You'll get paid for the bike. Worry about the injury first. When the medical bills come rolling in you'll see just how inexpensive the bike is in comparison.

The biggest problem is your credit rating. Doctors will also place you for collection in a heart beat which will ruin your credit.When you go the hospital remember you signed off that you will pay the bill if the other guys insurance didn't. You are legally obligated to pay on time. Get an attorney and let them do the work for you. Good luck and I hope everything goes well.


Tim

Bobby Lex

+++++1

Bob

aham23

Nice a person in the insurance claims business running someone off to an attorney??? Claims do not move faster when an attorney is involved. If any thing they move slower. If the insurance company is accepting liability and are decent to work with then the attorney is nothing more then a middle man who slows the process and takes 1/3rd of what you are owed. I say give it a go on your own.

Simply put, you have two claims, one for the bike and one for the injury. You likely will have to sign a Release for both for whatever settlement you agree too. If the bike is older they may try to "depreciate" it. Meaning, you didn't have a new bike so they argue they don't owe you the cost of a new bike.

Your medical bills, lost wages, "pain and suffering" are compensated under the injury claim. They will not pay your medical bills as they are incurred, but only when you are ready to settle and sign a release.

This is not legal advice and in no way do I claim to be an attorney. I am not, nor do I play one on TV. Good luck. Later.

msheron

I would say most states are the same; bikes are like cars and are covered the same. If the driver of the car neglected to look before exiting their car, they are liable. I don't think you need an attorney unless the owner refuses to pay or their insurance company holds out for what ever reason.

Get an estimate for your bike; retain all medical bills associated with your unfortunate accident; and never sign off on any paperwork until you are completely recovered and you know there are no more medical needs.

Good luck and heal quickly!

55/Rad

www.bicyclelawyer.com/

filtersweep

Why on earth does an attorney need to be involved? This aint rocket science. He should be compensated for his medical injuries and not a penny more. It doesn't take an attorney to figure that out (and take a cut AND add to the expense of everyone involved with paying). There is not much risk of latent injuries for a simple accident like this. Attorneys do not always need to be involved.

EatMyDust

In my area there's a special bicycle lane, which happens to be very limited and you have to ride in the door range. I am always looking at the parked cars, but you never know when someone might swing the door open. Also, a lot of drivers turning right, hit bicyclists, because they don't look at the mirrors.

johnny99

Don't be suprised if the car driver's insurance company and/or the police finds the bicyclist to be partially at fault and thus reduces the claim to less than actual damages. The bicyclist crashed into a parked car, which means they were riding too close to it. You may get a break if you are in a marked bike lane when the car door opens. On an open street, good luck. Many cops will say it is your responsibility to ride far enough away from parked cars, or slow enough to avoid problems.

Nubie

While I agree that attorneys do not always need to be involved, I think it is in the OP's best interest that he have one. Or at least consider having one. It seems that the OP does not have experience or insight into the nuances of this process, nor is he aware of his rights in this matter. Especially since there is bodily injury in this case, it goes well beyond just getting a bike replaced. Consequences of apparently minor injuries can show well down the road. It is only right that he protect his interests (namely, himself). Also, you can bet your next paycheck that the idiot who doored him is going to have legal counsel, so the OP is at a disadvantage if he does not.

Ramtaajogi, I'm sorry to hear of your accident, but I'm glad that you are ok. I don't have much experience with insurance, legal stuff, etc., but I know enough to recommend that you need to protect yourself. The idiot's insurance company is not going to just mail you a check, you need to fight for it. Good luck.

R900

+1 Since the fault is distributed on both parties, best to have a lawyer on your side to make sure a fair settlement is arrived at. The lawyers can fight about who was more/less responsible. Glad you are ok.

John

P.S. As a side note, an older lady talking on her cell phone ran a stop sign. I (in my car) swerved to miss her and a telephone pole. Damaged a couple rims, tire, and some body work, about $1000 worth. She fled the scene, but returned when the police arrived, admitted running the sign, talking on the phone, etc… and agreed to pay for the damage. Well after she talked to her insurance company her story changed, it was like pulling teeth to get payment. Had to get the police involved again, witnesses, my insurance company. What a bunch of jerks, over a $1000 claim. God knows it could have been worse if she hit me or forced me into the pole, with my 2 year old in the back seat – still pisses me off – jerks.

Moral, insurance companies will fight any claim, protect yourself!

ramtaajogi

wow..thanks for all the advice.

the radiologist at the hospital gave me cards of laywers who have done work for similar accidents. the police said it was 100% his fault because he did not look in the mirror when he opened the door, he told me this when he came to drop off my bike at the hospital and see how i was doing. I was riding as right as possible to allow cars to pass my left, so had to no choice where i was riding becuase NJ state law says "always ride as right as possible as long as it is safe to do so".

oboeguy

Not necessarily true. Many areas, including New York, have specific laws against opening a car door into traffic without looking first which is in effect, at least in daylight or with a well-lit cyclist at night, equivalent to a law against "dooring" cyclists.

cooker

Well, it wasn't safe to do so. However, you were after all trying to obey the law, and the driver is responsible for opening their door into traffic.

aham23

The person opening the door into the traffic always has the greater duty of care. No if and or butts about it. They can claim they checked for traffic, but the fact is they opened the door directly in the line of traffic and an accident took place. Later.

Ozrider

I was hit by a car last year. I cannot say this anymore definately than this: GET A LAWYER!!!! The job of the car owner's insurance company is too low ball you as much as possible. They are not a group of benevolent people out to see you are made whole. They are going to try and say the accident was at least partially your fault. They are going to argue that they don't owe you for the bike because you were at least partly in the wrong.

When the insurance company calls you, DO NOT say anything. Do not admit to anything, do not provide any information at all. Anything you say or do could come back to bite you.

You need someone to advocate your side. A lawyer will pay for him or herself because they know how to navigate the mess that is our legal system much better than any layman. Don't try to do it yourself. Let a trained professional do it.

And do not feel sorry for the car owner. You were hurt badly enough to go to the hospital and it could have been much worse.

The attorney who represented me is a Cat 2 racer, which really helped. I had an attorney who rides constantly and feels very strongly about cyclists rights. Ask around in your LBS. I bet you will find an attorney who rides and will represent you.

Rob944

I am a PI lawyer. Your accident is not nearly as clear cut as many here would have you believe. I dont want to be a downer but what the cop said is not dispositive. The insurance company will likely take a comparative negilgence stance, ie, you bear some negligence for riding too close and/or not avoiding. Listen to cs1 (an honest insurance guy, imagine). Call one of the lawyers to whom you were referred. They can give you a better opinion on the comparative issue. Also dont give a recorded or written statement to anyone and listen to all of your dr's instructions. I wish you the best of luck.

brokenrobot

Actually, according to a supervising judge in NY traffic court, the law has no effect whatsoever due to the fact that the words "due care" appear in the statute... It's obviously *intended* to be a law against dooring, though, even if it actually has no effect.

lrzipris

Wow, some of you folks are tough! First, not all lawyers are bloodsuckers. (Disclosure: I am a lawyer, but not a "real lawyer"--I'm a full-time, big-city PD). Two, sometimes a person can find him or herself in a situation where they need some guidance, and consulting a lwyer can help that person understand their rights and obligations, even if they decide not to retain the lawyer.

ramtaajogi: be wary of legal or medical advice over the internet, where you cannot evaluate the worthiness of the advice, or how people came to their opinions. You're not helped by someone who may rant against lawyers, doctors, or insurance agents because of an unhappy experience where they felt mistreated by "the system."

ramtaajogi

im going to meet up w/ a lawyer in the next few days after some doctor visits. On a side note, when a frame get dented (about 3 inches (wide) is dent) can this be fixed? Im sure if another accident were to occur the frame would snap.

oboeguy

Oh snap!