Geico (Partially) Blames Cyclist for Getting Doored
#51
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As I was reading this post, and add for Geico popped up. Imagine that. I took advantage of "contact us" and told them how ironic I found the situation.... I'll probably either loose my policy or have my rates ramp up.
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#53
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She tried to go around it?? Are we watching the same video? There was no traffic behind her and she had plenty of time to check for that. All she had to do was go out into the lane and there would have been no incident. Is the car at fault.... absolutely! Could it have been avoided... absolutely!
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By the way, California law does require that you use the bike lane if one exists. You can leave it to avoid hazards and make turns, but you can't just ride in the traffic lane because you want to.
#55
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Please explain yourself. Are you laughing at the cyclist's misfortune?
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#56
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Way too many asshats blaming the cyclist including Geico.
Too many cyclist in VC forums claim there is no need for VC training. But when something like this happens, the blame the cyclist crowd jumps in with "the cyclist should have known better". Yet we see cyclist everyday that do not know better.
Watch some VC training videos, the door zone reaches out farther than even many here believe it does. Many large SUVs and older 2-door cars have really wide door zones.
Time for some of you to start really supporting VC training in 4th grade and updated in 10th grade with drivers ed.
Too many cyclist in VC forums claim there is no need for VC training. But when something like this happens, the blame the cyclist crowd jumps in with "the cyclist should have known better". Yet we see cyclist everyday that do not know better.
Watch some VC training videos, the door zone reaches out farther than even many here believe it does. Many large SUVs and older 2-door cars have really wide door zones.
Time for some of you to start really supporting VC training in 4th grade and updated in 10th grade with drivers ed.
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#57
Cycle Year Round
A motorist and his Geico adjuster both jerked me around a few years ago. Rather than the motorist just paying up $120 for me to do the repairs and he could avoid reporting it to Gieco, he backed out. Geico delayed the claim for a BS investigation and ended up paying $120 for the part, plus labor, plus a rental bike charge. Ended up around $400.
Try to be nice and they **** on you. At least they both had to pay for their BS.
Try to be nice and they **** on you. At least they both had to pay for their BS.
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#58
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This very likely has absolutely nothing to do with cars fearing doors, or a door zone. Drivers are proven to drive slower when roads are narrower. Apples and oranges.
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That's what insurance companies do. They minimize their claims by low-balling settlements. The victim can choose to accept or not. I would have gotten a lawyer, myself. But then again, I would not have been that close to the car.
#60
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True, and something to keep in mind. It has less to do with car/bike relationships (except for ignorance), and more to do with how insurance companies operate. Low-balled my Dad when he had a disc rupture on the job... stalled it through court until we had to either take a low settlement or lose the house. It's BS, they knew it was BS, but that's how they operate regardless of the subject matter.
#61
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" in the view of Geico Car Insurance, which insures the driver who, on January 28, stopped in front of Melissa Moore in the Polk Street bike lane, opened his door, and knocked her off her bike, he’s only 80 percent at fault for the crash.
That’s right — even after seeing video footage of the crash, Moore says Geico is putting 20 percent of the blame on her for getting doored on northbound Polk at Golden Gate Avenue, leaving her with physical pain and a taxing legal battle."
Read the full article:
https://sf.streetsblog.org/2013/03/11...etting-doored/
https://www.youtube.com/watch?v=UeHfo...layer_embedded
That’s right — even after seeing video footage of the crash, Moore says Geico is putting 20 percent of the blame on her for getting doored on northbound Polk at Golden Gate Avenue, leaving her with physical pain and a taxing legal battle."
Read the full article:
https://sf.streetsblog.org/2013/03/11...etting-doored/
https://www.youtube.com/watch?v=UeHfo...layer_embedded
#62
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I don't really think that's possible, unless you're going so slowly that you can actually see in each car's wing mirror, react to it, and still have time to stop. And in Sweden, they have a ton of passenger-side door zone bike lanes, where it's literally impossible to "scan to ensure that doors are not coming" (since the mirrors are facing the driver, not the passenger).
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After reading the last few posts I watched the video again and yes, the cyclist did try to "take the lane" as she was passing the car that had just parked in front of her but that large door opened right as she was passing. There was nothing she could do. Because a car was passing the other way she probably wasn't comfortable riding very close to the center line - there is some risk in doing that, obviously. The burden was on the driver to act with proper care and attention in this situation.
So IMO the motorist is entirely at fault. What a piece of work: she parks in the bike lane and a few seconds later takes out a cyclist on a fairly narrow road, totally oblivious to what's happening around her - a total lack of situational awareness. If a person were actively trying to take down a cyclist they could hardly do a more efficient job.
So IMO the motorist is entirely at fault. What a piece of work: she parks in the bike lane and a few seconds later takes out a cyclist on a fairly narrow road, totally oblivious to what's happening around her - a total lack of situational awareness. If a person were actively trying to take down a cyclist they could hardly do a more efficient job.
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The insurance company is just trying to save money. It's a common thing. If you have any other good evidence to show them, they make back down.
Totally the other drivers fault, but one has to fight the insurance company, every time. It was easy for me.
Try again.
Totally the other drivers fault, but one has to fight the insurance company, every time. It was easy for me.
Try again.
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I dont remember whos ad it is but I love the one where a woman throws her door open and a car comes by and rips it off!!!
#69
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That would be Esurance's "Only Human" commercial. The average US viewer would not stand for a version that had a cyclist being doored, flung into the traffic lane, then having the cyclist being ran over by a truck or bus.
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Whose fault it actually is has very little to do with it. Insurance companies are obligated to do what's in the overall best interest of its investors and shareholders. This generally means paying out as little as they can legally get away with, but not so little that it alienates enough customers that their overall business declines.
It's kinda like lawyers. They are obligated to do everything possible within the law that's in the best interest of their client, regardless of right/wrong, guilt/innocence, good/bad, or anything else.
It's kinda like lawyers. They are obligated to do everything possible within the law that's in the best interest of their client, regardless of right/wrong, guilt/innocence, good/bad, or anything else.
#71
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The motorist only had to recall that they passed a cyclist just a second ago... they didn't even need to look back... just retain some basic information for about oh 10 seconds...
#72
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The insurance company always tries to portion out the blame, in states that allow it. They do anything to get out of paying every penny they can. Believe me, I just finished a two year battle with an insurance company. The courts ruled the other driver was 100% to blame, but it took two years, a lawyer, and netted me $4k. For me, it wasn't even about the money, I could have settled for more, but I wanted the ruling that said it was the other guy's fault, because I knew I was right. Even though he flat out lied under oath, the court didn't buy his story at all.
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Firstly, the car had just passed a moving bicyclist, so its driver couldn’t have been oblivious to the near proximity of the bicyclist unless the driver was driving “inattentively”, in which case, the driver is already guilty of causing the accident.
Secondly, the car having just passed the bicyclist and having additionally pulled over to obstruct the bicyclist’s continued passage, any driver with a pinch of intelligence would realize that the bicyclist would be passing by their driver door any moment, for the driver left no room for the bicyclist to continue in the shoulder of the road and bicyclists aren’t required to stop merely because someone decides to park their car on the shoulder as if some manner of indomitable obstruction.
Thirdly, when a driver opens their car door, they are required by law to do so in a manner that is “safe for conditions” and this is not an exclusionary clause. Clearly however, it was not safe for the driver to open their car door when they did, for it caused an accident that otherwise would not have occurred. Bear in mind that, the bicyclist did not crash into a closed car door (which would have made it the bicyclist’s fault).
Lastly, in an ever growing number of U.S. states a driver must yield to bicyclists by a distance of at least 3 feet (4 feet here in Pennsylvania) therefore the driver impinged upon the bicyclist’s safety space as implemented by the law in many states by opening their door to force negligent contact with the bicyclist further making the driver of the car guilty of not obeying implemented laws which, in particular, protect bicyclists.
Summarizing
On all counts, the driver of the automobile was negligent in the safe operation of their vehicle and should therefore be forced to pay punitive damages, as well as pain and suffering incurred via the act of their indiscretion and reckless abandon toward others, which blatantly demonstrated their utter disregard for the welfare of others.
Secondly, the car having just passed the bicyclist and having additionally pulled over to obstruct the bicyclist’s continued passage, any driver with a pinch of intelligence would realize that the bicyclist would be passing by their driver door any moment, for the driver left no room for the bicyclist to continue in the shoulder of the road and bicyclists aren’t required to stop merely because someone decides to park their car on the shoulder as if some manner of indomitable obstruction.
Thirdly, when a driver opens their car door, they are required by law to do so in a manner that is “safe for conditions” and this is not an exclusionary clause. Clearly however, it was not safe for the driver to open their car door when they did, for it caused an accident that otherwise would not have occurred. Bear in mind that, the bicyclist did not crash into a closed car door (which would have made it the bicyclist’s fault).
Lastly, in an ever growing number of U.S. states a driver must yield to bicyclists by a distance of at least 3 feet (4 feet here in Pennsylvania) therefore the driver impinged upon the bicyclist’s safety space as implemented by the law in many states by opening their door to force negligent contact with the bicyclist further making the driver of the car guilty of not obeying implemented laws which, in particular, protect bicyclists.
Summarizing
On all counts, the driver of the automobile was negligent in the safe operation of their vehicle and should therefore be forced to pay punitive damages, as well as pain and suffering incurred via the act of their indiscretion and reckless abandon toward others, which blatantly demonstrated their utter disregard for the welfare of others.
BTW CA is not a 3 foot law state... that law has been denied here. SF may be a 3 foot law city... I don't know.
#74
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As much as I DON'T LIKE the insurance corporations
and as much as I usually side with cyclists- I have been one for over 50 years-
The woman was at least partly very stupid- I get about five seconds of time measured by the video between when the car stops and she hits the predictably opening door- you GOTTA be more aware than that- I usually am trying to look into EVERY car parked to see if there is a possibilty of this happening- if that car had just pulled over in front of me, whether or not I have legal rights- I would still be looking out for it to happen.
The sad thing is in this SICK era- this could have even been done purposely- but I would not be a victim to it-
A few months back I was on my motorized bike and moving along at 20-25 when a car parked on the WRONG SIDE of the road, and hidden behind another one correctly parked, pulled out and came right at me. Just missed a head on.
Just yesterday, I was passing under the freeway just a few blocks from where I live, when this anus of an ethinic man in an untrailered Peterbuilt pulled off the exit lane to my right and started coming right at me- STARING AT ME the whole time- it got me pretty upset- and when I got home I then wondered "Well, why was this Peterbuilt even pulling of on that exit and turning into a basically residential zone? Then I remembered who it was- it was this a-hole who parked his cab in front of my old apartment building ALL THE TIME, even though he lived apparently at least halfway down the block, and then used to warm the stupid thing up for at least 20 minutes or a half hour at a time- an incredibly long time- AND in a bike lane I might add, where the stupid angry MILITARY natives break their bottles- before he'd pull away roaring.
And so CONCLUSION-
HE knew who I was! And drives his stupid Peterbuilt right at me staring me in the face the whole time.
Rochester. The man, not the town. And killer is as killer does. How many flares must a person send up ?
I once had an idiot open their car door right in front of me out of the blue right in front of the Kodak theatre in Hollywood right on the Boulevard, and it was sooo perfect it had to be on purpose by some pathetic fallen angel- and if I hadn't ridden Cat 1 ALL those years I'd have never missed it-
and as much as I usually side with cyclists- I have been one for over 50 years-
The woman was at least partly very stupid- I get about five seconds of time measured by the video between when the car stops and she hits the predictably opening door- you GOTTA be more aware than that- I usually am trying to look into EVERY car parked to see if there is a possibilty of this happening- if that car had just pulled over in front of me, whether or not I have legal rights- I would still be looking out for it to happen.
The sad thing is in this SICK era- this could have even been done purposely- but I would not be a victim to it-
A few months back I was on my motorized bike and moving along at 20-25 when a car parked on the WRONG SIDE of the road, and hidden behind another one correctly parked, pulled out and came right at me. Just missed a head on.
Just yesterday, I was passing under the freeway just a few blocks from where I live, when this anus of an ethinic man in an untrailered Peterbuilt pulled off the exit lane to my right and started coming right at me- STARING AT ME the whole time- it got me pretty upset- and when I got home I then wondered "Well, why was this Peterbuilt even pulling of on that exit and turning into a basically residential zone? Then I remembered who it was- it was this a-hole who parked his cab in front of my old apartment building ALL THE TIME, even though he lived apparently at least halfway down the block, and then used to warm the stupid thing up for at least 20 minutes or a half hour at a time- an incredibly long time- AND in a bike lane I might add, where the stupid angry MILITARY natives break their bottles- before he'd pull away roaring.
And so CONCLUSION-
HE knew who I was! And drives his stupid Peterbuilt right at me staring me in the face the whole time.
Rochester. The man, not the town. And killer is as killer does. How many flares must a person send up ?
I once had an idiot open their car door right in front of me out of the blue right in front of the Kodak theatre in Hollywood right on the Boulevard, and it was sooo perfect it had to be on purpose by some pathetic fallen angel- and if I hadn't ridden Cat 1 ALL those years I'd have never missed it-
Last edited by harpon; 03-15-13 at 05:45 AM.
#75
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At some point before they arrived in the camera's view, wouldnt it be possible that the car passed by her, and in that case couldnt the driver also have taken into account when he/she pulled over to stop/park to look in the mirror real quick before opening the door? Whenever I park on the street near a bike lane i always check my side view mirror, not just to see any possible bikers, but to see any cars which could take my door off. Although I do know that a biker being doored is much worse for them than it is to me, but I take a lot of precautions to make sure that nothing damages my car hahahaha.