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I have been commuting now for almost 3 months. My ride is 14 miles one way with 9 of the miles in a parkway with a very generous shoulder and only one intersection in the 9 mile stretch.
Yesterday, on the way home, I was riding into the "one" intersection when a women partially passed me on the left and then turned to the right directly in my path.
This intersection has a right turn lane to it, My travel lane goes straight so I usually pick my line along the white line of the lane going straight which would allow cars turning right to pass me on my right. Yesterday I think I may have been a foot or two right of the white line (which would still put me on the far left side of the right turn only lane).
I never saw the car as I approached the green light intersection until it was turning into me. I tried to make the unintended right turn with the vehicle but my front wheel and bars were being pushed hard to the right and I couldn't get them to turn any further because the wheel was biniding against the rear passenger door. I ended up sliding my left elbow and bars down the right rear of her car and then fell to pavement as I cleared her bumper. My first instinct after sliding to a stop was to get up and get out of the road so as to not be hit by traffic from behind.
The driver stopped about ten feet later (think she may have heard my loud obsenity and sure as hell must have heard the impact of me and the bike into the side of her car)
Her first words to me as I hauled me and my bike to the curb were "What are you going to do?" ... not "Are you all right" or anything of that nature. Luckily, my only injuries are three distinctly different sets of road rash on my left elbow. One from the car , one from the road, and the third? I have no idea.
So in answer to her question of "What are you going to do?" I reach into my messenger bag pull out my phone and tell her I'm calling the police.
While awaiting the arrival of a Sheriff's Deputy I do a quick check of the bike. Left side scraped up a bit, chains off. My hands are shaking from adrenalin as I put the chain back on and try and rotate the pedals. Crap, the driveline is messed up somehow because the derailluer is binding up. Call the girlfriend for a ride.
The Deptuy arrives and goes through the questions about what happened. The gist of it was that she saw me but figured she had enough space to turn in front of me. The Deputy ends up issuing the women a Failure to Yield ticket. Oh yeah, when asked I refused an ambulance the blood had stopped running down my arm.

Overall, I consider myself really lucky. I've got some good elbow road rash and a sore hip and further analysis of the bike reveals only seat, bar tape, rear skewer, and rear wheel truing to have any issue. My fairly new SIDI Dominators have some serious road rash to one side as well. The previous diagnosis of derailluer issue at the side of road must have been related to poor cog selection when reinstalling the chain as checking it at home on the bike stand showed it was working fine.

The one thing that really pi$$es me off is that the woman never once asked if I was OK and certainly made no mention of restitution. I am awaiting a copy of the accident report and then to decide if its worth going asking her for restittuin (or then go to small claims court ) or contacting her insurance company directly with my claim.

My losses are not high and complete replacement of everything that was even scuffed would be less $400 but I feel I shouldn't have any out of pocket for soemthing she was condidered to be at fault for.

Am I out of line? or should I just be thankful that things didn't turn out worse.
 

· "It's alive!"
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UFO™ said:
My losses are not high and complete replacement of everything that was even scuffed would be less $400 but I feel I shouldn't have any out of pocket for soemthing she was condidered to be at fault for.

Am I out of line? or should I just be thankful that things didn't turn out worse.
First off, I am glad you escaped with only minor injuries. An inch or two one way or another, and you could have ended up in the ICU.

Next... I'd go after the driver for full compensation for everything that was nicked, scuffed, scratched or damaged in any other way.

Her initial reaction, "What are you going to do?" suggests not only that she cares very little about the wellbeing of others, but also that she has been in similar situations before - often enough to know that she needs to fear the outcomes.

You need to make this incident have a real, lasting impact on this person's life. The harder she gets hit in the pocketbook, the more impact the event is likely to have on her future behavior. If she has to pony up $1000 for this screw up, she might remember that the next time she "thinks she can make that light" or she "thinks she can get around the corner before that bike gets there."

Go after her aggresively. You'll be doing a big favor to everyone else who uses the same roads as she does.

Good luck, and thank goodness you are okay,

FBB
 

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Go to the doctor; take some pictures; call her insurance company; save the evidence; don't talk about it on the internet.

There are a lot of threads here on RBR regarding bike accidents. If you seach and find them you will find lots of good advice.

You should be checked out by a doctor. You probably are OK if you feel OK. But, you could have some problems that are not apparent at first. I was hit by a car in November. Although I had massive bruises on my hip and legs, I thought that I was OK. Then, about three of four days later, I had massive swelling. I ultimately was OK, but my doctor took xrays to make sure that I did not have some internal problem, like a bone chip or spur, that was causing the swelling.

Your road rash and other injuries will be hard to document later. Take some photos to record them so that you will have some proof if you ultimately make a claim.

Insurance companies are more likely to pay attention to a claim for which they get prompt notice than one in which they get tardy notice. You don't want to have any argument with the insurance company if you develop any significant problems that they did not have early enough notice.

If your bike and shoes have damage, save them. The insurance company will pay for repairs or replacements, but their adjuster will want to see them. When I had my accident, I took my bike (which needed a some minor repairs) and my cracked helmet to my LBS. The adjuster went to the LBS, inspected the bike and helmet and wrote a check on the spot for the repairs and a new helmet.

Just like they say on the cop shows: "Anything you can can and will be used against you in a court of law." You have no confidential relationship with us here on RBR. Should you get into a legal dispute with the driver and/or her insurer, your statements here (or anywhere else) will be discoverable. So, unless you want to say it to the driver or her insurance company, don't say it here.

Finally, some disclaimers: I am a lawyer. But, I am not your lawyer. My comments above should not be construed as my giving legal advice. If you feel the need to seek any legal advice, you should consult a lawyer. Each case has its own nuances and the law and legal landscape are different from place to place. For example, a reasonable settlement amount for an accident in one part of a state may be very different than a reasonable one somewhere else where judges and juries are more or less generous. Some states have legal doctrines that make it easier or harder for a plaintiff to establish or prove a claim. Many people settle small claims with insurance companies without the assistance of a lawyer. If you hire a lawyer, it will cost you money either on a hourly basis, or more likely, by your paying a percentage of the recovery. But, there are many pitfalls for laypeople who represent themselves.

Good luck.
 

· Bacon!
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File a claim with her insurance company. Like FBB said above, make sure you report everything that got damaged in the least bit. The odds are that it will be less than a $1000, but unless the claim is over $500.00 she won't see an increase in her rates (used to work in processing claims and whatnot for an insurance company). The only way someone like her learns (or at least feels something) is if it is out of her checkbook. Typical 4 point (insurance industrywise) collision will drive up her yearly insurance by about 10%. More if she has more on her record. People like her PO me something furious. Dumb and a jerk. Just who we need on the road with us.
 

· Bacon!
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Hey Mark, only a lawyer would post the lawyer thing! :).
 

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Like everybody else said, take photos and keep evidence of everything. I'm not a lawyer, but I have been in a similar accident. I would recommend going directly through her insurance company. In my case, the person was very "cooperative" early on, but then decided to try and stick me in the end and actually tried to later claim to the police that I was stalking her. Fortunately, I had given her absolutely no information about myself, whereas she had given me her driver's licence number, address, phone number, insurance information, etc, etc. It was an open and shut case.
 

· Jerkhard Sirdribbledick
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When I was hit by a car, I went directly through the driver's insurance company. Don't even talk to the driver more than you have to; it's not worth the aggravation.

Shortly after being hit on my bike, I was rear-ended in my car. Same as before, I only dealt with the insurance company.

Both times, the insurance companies gave me a little bit on top of what they owed, basically in trade for my agreement that I wouldn't sue in the future. I'm guessing that's pretty standard policy (since I never asked for anything more than reimbursement).
 

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yeah man, a very similar thing happened to me about 2 months ago. Heh, you're annoyed she didn't ask if you're ok? Heh, my jerk didn't stop !!!

i would get full restitution (but nothing more) btw, it's only fair.
 

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Please do let us all know how everything comes down for you. And, glad to hear that you're ok.
 

· Resident Curmudgeon
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"I'd go after the driver for full compensation for everything that was nicked, scuffed, scratched or damaged in any other way."

Including the physical injuries you suffered. All of them.
 
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