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Obviously laws will vary from community to community, but I'm thinking that some guidelines might be good, and maybe make some sort of sticky resource?
It certainly comes up enough!!
My contributions would be
-get witnesses #s
-file a report
-do not sign anything/settle without talking to a lawyer
-work through YOUR insurance company, not theirs.
anyone else?
-call a friend, or someone to be with you/take you home. It's a frightening experience and your adrenaline will be pumping hard. Don't trust yourself to ride home alone unless you have no choice.
Don't SAY anything.
That's the most difficult part for me, because I can be a little shock-y and not entirely rational. I'll be processing what I did wrong. The cop may even ask you what you did wrong (he did the last time I crashed my m/c). There's almost always something, but that's very different from legal fault. If you admit what you should've done to avoid the accident, the cager will latch onto that as an excuse for hitting you.
It really varies state to state. If you have a cycling lawyer nearby, try to get that person to give a presentation to your local cycling club. Do's and Don'ts of accidents, etc. There are some strange laws out there - for example, if you're injured in a hit and run in NC (and you're on a bike, but a car hit you), your uninsured and under-insured coverage may pick up your medical bills. But you have to notify your carrier very quickly (I think it's 24 hours or less, but I haven't looked at it in a while).
Generally speaking, you're probably going to have to give a statement to the police. But don't talk to anyone else. Focus on facts, not what you think you should or could have done differently. Don't sign anything saying you're not hurt, or your bike isn't damaged until you can get both professionally checked. Going to the ER (or your doc) isn't a bad thing - you don't have to go in an ambulance, but going is good.
CA
I agree with all the above with one addition.
Since photo cell phones are prolific, take pictures.
Snap shots of:
- their license plate
- witness plates
- environment
- bumps and bruises
Been there done that!
My two cents
get an attorney first! let them handle the battling insurance companies:)
yes, talk to the police. but let your atty handle the civil side(assuming the police don't file charges against you.)
CA also let file agianst Uninsured motorist.
document everything (photos of all injuries) , Don't fix any damage until the settlement is agreed to - you might need evidence later.
My atty recommend setting aside what you were wearing without even washing it - He liked that i had a bright PINK helmet and jersey
Yes, go and get professionally checked out both body and bike. and have some else pick you if possible
Yeah, I should've been clearer.
Definitely you have to talk to the cop.
But you DON'T have to tell them what you think you did wrong. (Your fright-addled initial impression is probably wrong, anyhow.) If the cop asks you what you did wrong, tell them you're shook up and you need to think about it when your mind is clearer. If they don't ask you, DEFINITELY don't volunteer it.