walie

So yesterday my friend went for a ride and was crossing a street on a crosswalkbehind a pedestrian and got hit by a car who slowed for the pedistrian but not for my friend. A police report was filed, but since there were no witnesses (for some reason, the pedistrian kept walking and didn't stop), the police couldn't determine who's fault it really was. The frame is completely shot and is currently at the LBS for an assessment of the total damages. He woke up with a stiff neck and back, got checked out and was diagnosed with muscle spasms that will last for about the next week.

So my friend wants to file a claim with the drivers insurance company and he has these three things:

-Police report on accident causing injury, however unable to determine who is at fault
-form from the clinic outlining the injury
-assessment of total damages from the bike shop

What are his chances of getting compensated for damages to the bike from the insurance company?

walie

Sorry guys, title was supposed to be "Friend hit by car..."

prathmann

My guess would be that his chances are pretty good if he's just seeking repair/replacement costs on the bicycle. The insurance companies are mainly concerned about the possibility of a large settlement to cover long-term medical issues. They are likely to want relatively small property claims settled quickly so they have a signed letter indicating that payment for the incident has been received in full and absolving them of any further liability.

OTOH, it sounds like your friend was partly at fault if he was riding in a crosswalk since in most places that is intended only for pedestrians. But the car driver also has an obligation to exercise due care so he's probably also partly at fault. Still my guess would be that the insurance company would be willing to accept the property damage cost of the bike in full. That way the case is settled quickly and they don't take a chance that your friend discovers longer term issues with his back that could be much more costly.

Of course your friend should be sure that his health is really ok before signing off on the insurance company forms.

ckelly49

I would seek real legal advice, not BF legal advice. Though it does sound like they are both at fault. Good luck.

I hope your friend heals up ok.

edit:^what he said about the faults.

walie

Well here's the thing, i don't know how the police missed this, but the crosswalk is part of an acknowledged city bike path, just before the crosswalk there is a sign indicating motorists that the crosswalk is for both pedistrians and cyclists. Although this is the case, i don't think it will change the police report in anyway. Is this something my friend should mention to the insurance company during his claim?

And yeah, on monday he's going to call a lawyer specializing in cycling accidents for a consultation

Richard_Rides

Tell your buddy to get a lawyer. Also tell him to start limping real bad and feigning memory loss, vertigo, etc. He should also start drooling and barking and snapping at flies. Any lawyer worth his salt will offer this advice. Your pal wont get rich, but he'll get a new Madone, which is the next best thing...

Nbob

I guessing you're kidding - other wise, as a lawyer, I take great exception to that. No lawyer "worth his salt" is going to counsel insurance fraud.

laduckslayer

It's people with this mind set that keep me employed! Keep it coming, baby needs shoes, and daddy needs .... well, anything cycling related.

kaNUK

Had a similar insurance claim experience recently. Crash was due to an unleashed dog in the country, so the specifics are a bit different.

Once the dog owners liability insurance got wind of that fact that I wasn't looking for injury or lost wages compensation, only property replacement, they were quite happy to settle quickly. I did have to start proceedings in small claims court to get the ball rolling though.

My $ 0.02

kaNUK

andr0id

This all sounds pretty good. The police just write down what happened. But photos of the scene and all the signage would be pretty good evidence in court that the driver was in the wrong much more so that the cyclist. Follow through with the attorney an he should be in good shape.

gregf83 

Sounds like an odd design. Do you mean cyclists can blast through a crosswalk at 15-20mph and vehicles have to yield?

andr0id

Technically yes. The more common case is signs say right turning cars must yield to pedestrians and cyclists going straight. Problem is a cyclist going 20mph is so far behind the turning car, the driver can't really see them coming up on the right side.

OP didn't report whether friend was T boned or right hooked, and what signs were visible from driver's POV, so obviously the specifics could vary.

urbanknight

Sounds like the MUP we have in Encino. The only difference is that when the cross sign is on, a red right turn arrow is lit, often because it parallels a busway that also restricts anyone from turning that direction.

Wanderer

I can only speak for Illinois, but here - in a marked crosswalk, a bicyclist is considered a pedestrian, and always has the right of way. Riding, or walking.

However, abuse of the privelege is common - when they are not just crossing a road, but trying to avoid the responsibility of being a vehicle.

vjp

Here in BC you cannot ride a bike in a crosswalk and from your friends accident you can see why. If you can enter an uncontrolled crosswalk while riding your bike at speed, how would a vehicle be able to stop?

vjp

mexipat

I'm not an attorney but I"m in the insurance claims business. As some have mentioned, it depends which state as the laws are different. Not only that, but some states declare one party to be at fault and others have comparative negligence, which mean both can be partly at fault. The fact the officer didn't establish negligence makes it harder in some states. As a practical matter, the company may be happy to fix the bike if you talk to them. You haven't indicated that your friend is hurt so signing a release in exchange for repairs shouldn't be a problem.

walie

well he woke up with a stiff neck and back, and the diagnosis is that he has muscle spasms that should persist for about a week. he just wants to know if there is a good chance is the drivers's insurance company will compensate him for the cost of the bike and nothing more. just to let everyone know, the accident happened on quebec, Canada. Damn us Canadians!

btw. you guys are awesome, much better responses compared to other forums i've been to.

yohimbe2

I'm not the kinda guy that smiles or laughs often, but you got me with this post. Funny. I actually laughed (felt good)