car vs ped (me)

If you haven't already, file a police report. It's going to be a tough road though, as it will escalate into a "he said / she said" situation, unless you have the contact info of a few witnesses.

Best of luck on getting reimbursed for the bike. 

Disagree.

CDL = California Drivers License

Sure there are witnesses - globalchaos is one.  He rode by stop sign, saw the car stopped, his girl was behind, next thing she's down and he hit her.  Driver entering flow of traffic has the responsibility not to hit others.  I'd say 100% clear liability.

Since he doesn't want to pay, or play fairly, report it to (1) the police (2) your insurance company and (3) the DMV via an SR-1 report - get it on the internet (http://www.dmv.ca.gov/forms/sr/sr1.htm).  Your insurance co. should be able to suss out whether he has insurance and who it is through.  Or, they will conclude that he is uninsured and perhaps they will cover your damage if you have uninsured motorist coverage.  THis is what I had to do for a car accident where the other dirver initially said he would take care of it then flaked.  And no, it does not go on your record.  Either your insurance or his will pay.

Oh, and if insurance does pay and totals the bike, they are entitled to it (they bought it) but rarely do they take it.  THey should give you replacement value - what would it cost to replace today

BTW, your damages may not be enough, but a PI lawyer should take a case like this on contingency

Ah, the fallacy of "eyewitness" testimony.  Sure, it would help, but many many cases are based on circumstantial evidence and accident reconstruction.  Here's how it goes.  Globalchaos says:

my gf was behind me, i just looked.  The car was stopped at the stop sign, or was just coming up to it as I passed.  I heard a crash behind me, my gf was now down in the road and the car was next to her.  Guy in car says "sorry I hit you."

Drivers version: .... what?  I didn't see her? THat's no defense, he has 100% responsibility when entering the road.  She veered into him as he wa stopped?  Impossible, given the way the accident ended up.  Whatever he comes up with, it's not going to make sense at any point

OP gives her version.  What's the most reasponable conclusion to be drawn from these two witness statements?

Well, We'll just have to disagree on those points

To the OP, good luck in your recovery and definitely keep us posted

If I were you, I would hold on to that bike at all cost!!!!  If it becomes a he said, she said, the bike is your evidence of what happened. Without it, you really have nothing to stand on. And I'll bet the damage on his car is already wiped clean!

Keep fighting. My bet is once he got home and talked to his lawyer he realized he admitted guilt at the scene and is now trying to do damage control.  Don't let him.  This is a perfect example of where I think the cycling community needs to stand together for the rights of cyclists on the road.

First of all... the person who doesn't want to cops called knows they are wrong and guess what he is trying so wiggle out of it.. Always always call the police..

what would be going on now if you had a bleed in your head(it could happen) and now all you have is this guys number and i'm sure he would be putting a spin on things..

anyways get the poplice in volved doctument everything. and i hope for the best for you..

please keep us updated

I doubt he wants the bike for some nefarious legal purpose.  He probably wants to make sure that you aren't lying about the bike being unrepairable.  He thinks you are asking for enough money to buy a new bike and then getting your old bike repaired and pocketing the difference. 

IMO, assuming your injuries are minor and your only goal is to get a new bike, let him have it.  Who cares?  Just take lots and lots of pictures in case I am wrong.

My .02.

1.) I had a bike get totaled on the back of a van during a rear end collision last year. The other drivers insurance bought me a new bike, totally covered. I still have the old bike, in this case the insurance co didn't want it. I use it for parts.

2.) From what I gather from the OP statement she was in the road when the car entered the intersection from a side street with a stopsign, striking her. It is unclear to me if this is a four way stop or a two way stop. 

If this is a four way stop things get murky as to who is at fault. For my next several sentences assume it was a four way stop. The OP and her bf were entering the intersection from a stopsign. The OP was behind her bf. In most states one vehicle (read:car, bike, mototcycle etc) may enter the intersection at a time. If the OP's bf entered the intersection and then a second or two later the OP enters the intersection the OP has committed a traffic infraction. This does not give the driver of the other car the right to enter the intersection, it is his responsibility to make sure the intersection is clear. BUT, if the op enters the intersection after her bf at a four way stop she has committed the first infraction, then the driver of car commits the second infraction (action:entering the intersection before it is clear, charge: failing to yeild to traffic and possibly failure to stop at a stopsign). Thus the murkiness.

Now, if this is an intersection with a two way stop and the OP has the right-of-way the driver of the car is clearly at fault for failure to yield the right-of-way. The damage on the bike and his car and your and your bf statements should be enough for the police to reconstruct the accident and assign fault, IF you can get to other driver to meet you at the police station. Good luck with that, he sounds like an @$$.

3.)Go get checked out at your doctors. Bikes can be replaced. You cannot.

Good luck and keep us posted. I hope you heal up quickly and do great at your next race.

David

PS. I reread your post. One thing I have learned about riding is, when approaching an intersection, even one where you have the right-of-way, apply the breaks slightly, keep turning your pedals and make eye contact with the driver of any vehicle who may be waiting to enter the intersection. Applying the breaks slows you (obviously), keeping the pedals going shows the other driver you intend to take your right-of-way and not stop for them (people look for visual clues- keeping the pedals going means you intend to keep moving) and making eye contact shows you that they see you.

This is excellent advice

 x2!!!