General Discussion Triathlon Talk » car vs ped (me) Rss Feed  
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2008-05-28 2:07 AM
in reply to: #1425247

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Subject: RE: car vs ped (me)
i am the op bf. she went to the doctors today to have everything checked out. she also met with the attorney she was pointed to. he says she has a case. i was not there and do not have all the details but either she will be on here or explain or i will. i just hope she gets her bike. as for the question on the kind of intersection it was. its a main street with one side street. we were on the main street. he was on the side street trying to enter at the stop sign. i passed him 1st not thinking he really saw me i turned to see if she was ok thats when i saw her get hit.


2008-05-28 10:50 AM
in reply to: #1425247

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Subject: RE: car vs ped (me)
Call your car insurance, they should handle the investigation and legal expenses. I was involved in a collision just this past week, with a road-rager, and my insurance is handling everything for me (as far as payment for the bike, and medical expenses).

I suggest you call insurance before you do anything else.
2008-05-28 12:45 PM
in reply to: #1425247

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Subject: RE: car vs ped (me)
Do all the appropriate filings with the police and insurance and consult an attorney.



Edited by sgillen 2008-05-28 12:46 PM
2008-05-28 1:03 PM
in reply to: #1428408

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Subject: RE: car vs ped (me)

ranger5oh - 2008-05-28 11:50 AM

I suggest you call insurance before you do anything else

x2

There is really no reason for you to personally contact an attorney without first talking to your insurance company. They should be able to handle your case (including legal fees) for you.  Why pay for legal fees when your automobile insurance policy may cover it?  Based on the description of the accident, the driver was clearly at fault.  Your insurance company will work on your behalf then collect what they pay out from the driver's automobile insurance carrier since it was an at fault accident for him. 

Personally, I think it was smart for the driver not to go to the bike shop and buy you a new bike.  He obviously has money based on the car he was driving and what if you found out you had injuries after the fact?  Got an attorney?  Accepting fault for the accident by replacing your bike really isn't the best course of action for him.  He is just trying to protect himself and I would too if I accidentally hit a biker.  I'd call my auto insurance carrier and let them handle it



Edited by vball03umd 2008-05-28 1:11 PM
2008-05-28 1:11 PM
in reply to: #1425247

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Subject: RE: car vs ped (me)
It may be "clear" to us who is at fault, but the insurace company isnt going to pay a dime without doing their own investigation. They have their teams of lawyers and accident investigators who will do an analysis and come up with a number.

2008-05-28 1:17 PM
in reply to: #1428775

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Subject: RE: car vs ped (me)

ranger5oh - 2008-05-28 2:11 PM It may be "clear" to us who is at fault, but the insurace company isnt going to pay a dime without doing their own investigation. They have their teams of lawyers and accident investigators who will do an analysis and come up with a number.

Sorry, based on her description of the accident, it seems that the other driver is at fault -- my wording was off  Correct, the insurance company isn't going to pay until they figure out exactly what happened.  I'd prefer that alternative though than initially paying out of pocket for the bike, hiring my own attorney, then paying the legal fees associated with it.  Just let the insurance company investigate, that's what you're paying that premium for!



2008-05-28 1:46 PM
in reply to: #1428793

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Subject: RE: car vs ped (me)

I think an insurance company might pay the necessary costs, actually, before they do their investigation.  I was hit by an uninsured driver (in my car, not on a bike so not sure if that matters).  My agent offered me the chance to use my own insurance, and pay the deductible, while they went after the other guy.  If successful I would be refunded my deductible.  If not, then I only spent $1000 versus the $2500 or so to fix the car.  Sounds like no matter what, calling insurance before spending a bunch on a lawyer is best.  You'd be surprised what they cover. 



Edited by BikerGrrrl 2008-05-28 1:46 PM
2008-05-29 9:46 AM
in reply to: #1425247

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Subject: RE: car vs ped (me)

updates

???

 

 

2008-05-29 4:45 PM
in reply to: #1425403


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Subject: RE: car vs ped (me)

ohiost90 - 2008-05-27 7:40 AM 2. How old was the bike? Unless it was new, as in a few weeks, I wouldn't buy you a new bike either. Neither would a insurance company. I would offer you fair value for the bike before the crash. Example, if the bike was 2 years old, I might offer to pay for half the cost of a new bike. Why? becuase thats what your bike was worth before it was broken in two.

Oh? 

I've had several bikes in my life, none was damaged for 50% of the costs after only 2 years. When you take care of your bike it should stay in a very good shape for more then a decade.
2008-05-30 8:13 AM
in reply to: #1431992

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Subject: RE: car vs ped (me)
Maasen - 2008-05-29 5:45 PM

Oh?

I've had several bikes in my life, none was damaged for 50% of the costs after only 2 years. When you take care of your bike it should stay in a very good shape for more then a decade.



Has as much to do with the advancement of technology and newer models as it does the condition of the actual older bike. A 15 year old high end unused bike is still a great bike - but it's worth little compared to a current model except maybe to a collector.
2008-05-30 9:29 AM
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Subject: RE: car vs ped (me)
it's been a busy past few days for her, she will be on here to give the updates asap.


2008-05-30 12:45 PM
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Subject: RE: car vs ped (me)
just getting on the thread. Since I seem to be doing more group rides I am curious about it.
2008-05-30 11:56 PM
in reply to: #1425248

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Subject: RE: car vs ped (me)
I filed a police report the next day.  I've never been through this.  I'm two months new at this riding thing so looking back, there are a few things I wish I would have done differently.  Woulda, coulda, shoulda...doesn't matter.  But I know now how I will do things if it happens again God forbid.  As where things stand at the moment, I'm looking to take his a$$ to small claims.  In the process of getting things together.  Things look like they will play in my favor but lets just hope the judge likes bicyclists!
2008-05-30 11:59 PM
in reply to: #1428408

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Subject: RE: car vs ped (me)
I called my auto insurance and because I wasn't in my car, they don't cover this sort of thing.  I have a medical claim but thats all they're good for.  They advised me to call my renters insurance.  I haven't done that yet.  I just plan to take him to small claims.  In the process of getting everything together to file.
2008-05-31 12:04 AM
in reply to: #1428714

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Subject: RE: car vs ped (me)
I filed a police report the following day.  It isn't considered complete unless the other party stops by to give his info.  He has 10 days to do so.  Don't quite get that.  Anyway, my auto insurance only covers me if I were in my car.  I only filed a medical claim with them.  They advised me to check with my renters insurance.  Otherwise, I'm gathering everything now in order to take him to small claims.  I have an attorney, but it would take up to a year for this to be all said and done when I can do it within a couple of months or less. 
2008-05-31 12:08 AM
in reply to: #1428775

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Subject: RE: car vs ped (me)
My insurance company doesn't handle this sort of thing because I wasn't in my car.  I was on a bike.  Unless he was uninsured, then they get involved.  I have a medical claim through them but thats about it.  They advised me to call my renters insurance for the liability portion.  Otherwise, I'm just taking him to small claims.


2008-05-31 12:11 AM
in reply to: #1428793

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Subject: RE: car vs ped (me)
Unfortunately, my insurance doesn't cover me since I wasn't in my car.  Now it the other party doesn't have insurance, then they get involved.  Otherwise, I made a medical claim.  They advised me to contact my renters insurance for the liability portion.  In the meantime, I am gathering everything in order to take him to small claims.
2008-05-31 12:15 AM
in reply to: #1430612

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Subject: RE: car vs ped (me)
Well, I have an attorney and he has an attorney.  I contacted my auto insurance but because I wasn't in my car, I'm not covered.  I made a medical claim but was advised to contact my renters insurance for the liability portion.  I don't feel like waiting on an attorney to do work that I believe I can do in small claims.  This is where I am.
2008-05-31 12:18 AM
in reply to: #1431992

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Subject: RE: car vs ped (me)
The bike is only a couple of months old.  It has about 500 miles on it.  I'm hoping I get it replaced entirely being it went from no scratches to totaled.  In the process of taking him to small claims.  Pretty clear cut case.  Hope the judge likes bicyclists!
2008-05-31 12:19 AM
in reply to: #1432957

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Subject: RE: car vs ped (me)

I love you baby.  Always looking out for my back.  "It's your love..." oxox

2008-05-31 8:27 AM
in reply to: #1425247

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Subject: RE: car vs ped (me)
This is a long shot, but was there a security or traffic camera near by?


2008-05-31 10:23 AM
in reply to: #1435113

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Subject: RE: car vs ped (me)

I don't believe so.  It's a long stretch of highway, with nothing but a this little tiny shack that sells sandwiches, shakes, etc, being where the accident occurred.  I'm taking him to small claims.  I have pictures of the scene taken in every direction from his angle to mine to opposing.  I spoke with an officer the next day who patrols that area.  He even said that he didn't even have to be there and agrees that the other party was clearly at fault being he had the stop sign and I had the right of way, simply put.  I wish I had the confidence having the officer tell me this. I'll just hope for the best when I tell the judge my side.  Keep you posted.

2008-05-31 5:44 PM
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Subject: RE: car vs ped (me)
The advice I have to offer is for 'the next time,' hoping that it never happens.

When I was taking ed. classe for my teaching degree, I was told that if a student ever strikes you, you should fall down, especially if there are witnesses. I know; your first thought would be to either take a slug at the student yourself, or restrain the student. But this advice was offered, knowing that you might look like a wimp and weakling that got tossed by a student, but it can't come back to haunt you in court that you struck the student. Things can get out of hand and stories can become very twisted when in court, just as the attitude of the d*ck h**d who hit you changed from one day to the next. Too much time went by and he obviously had too much time to think things through, especially if got advice from someone.

As applies here...if struck by a vehicle, fall down (obviously, I know), and you, or hopefully a witness, can call the authorities (fire, police, ambulance). Even if you're not seriously hurt and can walk, let the authorities sort things out. I think when the jerk saw that you were all right, any guilt he had started to disipate. It would be advantageous for you if a witness didn't witness the collision, the witness can testify that you were down and on the ground, while the jerk was walking around unscathed.
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