Encountered too closely

[snapdragen]

Did I read right? She drove off? Wouldn't that be hit and run?

Glad you weren't seriously hurt, you and Carrottop will be out and rolling in no time.

[Duck on Wheels]

and she continues on as I land on the same side that her car hit me on. I look up to see her car driving off (...)

the officer arrives and remember that thing that would come back to bite me? He told me I was riding on the wrong side of the road. NO! I wasn't! poke the angry bear, lol... I emphatically emphasized I was not in the wrong there, explaining my side, and asked if he would make sure the report was rectified. He said something about that was the problem with eye witnesses, a bit of a chill, I do hope he changed the report accurately. However, she did not get the ticket she deserved for that. She did get a ticket - for not having insurance. GRR. 05 vehicle, and no insurance.
(...)
I'm not looking forward to having to replace my gear, hopefully the black car's owners are good hearted,

First of all: Very relieved to hear at the end of this tale of woe that you're OK! Then, on reflection, a bit puzzled by several things, and as a 'furriner' these are things I may need to understand. They sure sound different from what I'm used to back home.

1) You saw her car driving off. Was this an attempted escape? Did she try to run? And if so, why no ticket for that?
2) Back when I got a car for my year in CA in 1999, I had to show proof of insurance to get it registered and take it off the lot. Is this no longer the case? Or maybe varies from state to state? Come to think of it, when I went to reregister the car in WI this year and had my insurance in hand, they didn't check on that until and unless I was in an accident. THEN they might penalize me if I wasn't insured. That does make me a bit nervous on the road here.
3) In Norway all parties fill out a written report and sign off on it. Here only the police write the report, which you don't even see until weeks later. So what do you do if the report is wrong?
4) You say you hope the car's owners are good-hearted. Are THEY insured? Was it only the driver who was uninsured? Because, if the owners are insured, aren't they legally liable for anybody they allow to drive the car? If so, then their insurance should cover. Also, if neither the driver nor the owners were insured, wouldn't they still be legally liable? Just that you would probably have to sue them to get them to pay up, and if they're broke you may never see the money even if you're awarded damages. Right? You might check with your own insurance whether they cover your legal expenses in that kind of case. And whether your (car) insurance covers you for damages from an uninsured driver. On your bike you might still be covered by that since your still a vehicle on the road ... or? Any lawyers out there in TE country who know this stuff?

I was in a 2-car accident just after Thanksgiving (kid speeding so he lost control in a curve). Like you, I was lucky to have no lasting injuries. Unlike you, the guilty party had insurance. Now I'm just waiting to see what my costs are going to mount up to (may still need more treatment for neck sprain), but at least the other driver's insurance company has agreed to pay. They've already paid up for my mom's car, which was totalled.

[runnergirl]

Oh My GOSH!!!! So glad you're alright! Keep us posted on the driver/insurance situation. I'd file a complaint with the police department if I were you, and/or at least get a copy of the report.

Also, be sure to take the bike to the LBS and have them check the frame, esp. if it's carbon it needs a tap test done to be sure it didn't take more impact than it should have.

[ladyjai]

bikeless:

1. I did, but apparently she didn't go too far, she was still around when someone came to check on me. I guess the broken window and the woman screaming at the top of her lungs indicated she shouldn't run....

2. It is illegal to drive without insurance. since the car is new, unless her husband paid cash, the car is supposed to be insured. she was ticketed for not having insurance, they might have insurance, just not at hand, and then there's the part where if they took a loan out, the loan company would have some kind of insurance on the car as well. maybe. I get to try to look into this today, not looking forward to it...

3. I don't know. I'm going to talk to a lawyer today.

4. they are not insured. at least, the paper the police gave me with their information said not. legally, they are liable, it may be a long battle to get what I am due, though. and you're right, if they're broke... I do not own a car, thus I do not have car insurance. and technically, according to az law, the bicycle is not a vehicle, but we are awarded almost all the rights and rules that a vehicle has/must adhere to.

runnergirl, I'm going to have to try to get my bike in, the frame is steel, but the fork is carbon, and Mike was checking it out, and it looks as though it's been bent a hair.. bleh

[Trek420]

ladyjai....sooooo glad that you are ok

"the frame is steel, but the fork is carbon, and Mike was checking it out, and it looks as though it's been bent a hair.. bleh"

as I can attest (see thread somewhere here titled sumthin like "bonehead move of the year") a steel frame is repairable almost no matter what you do such as drive it into the garage roof....

Yet another reason to love steel.

I'd replace the carbon fork, hope the insurance gets you a real puhrty one! Wait till the adjuster finds out "that part costs what??!!

But what's most important is that you are ok.

[ladyjai]

yes, steel is wonderful for many reasons. of course, it would be the fork that'll be damaged . I think i'll be taking it into the shop tomorrow while I'm at work.

I am meeting with my lawyer on saturday, and he told me the police report isn't as important (one of my concerns) I'll keep you gals updated.

[maillotpois]

Good luck with your meeting with the lawyer.

I read your post this morning on BJ - what a scary story. So glad you're basically okay. However, I am sure you are very sore and will be for a while. Good luck to you - heal well.

[Running Mommy]

Jai- YOUCH! OMG!! I was almost in tears reading that thinking about how much it must have hurt! I'm sooo glad your ok!! Unfortuntaetly it will probably hurt more tomorrow! It always seems worse the next day! So rest up nice and stock up on some advil or tylenol! I'm sending you warm fuzzy vibes. ~~~~JAI~~~~~~~GET BETTER QUICK~~~~~~~
Your in the Phoenix area aren't you? Where were you when this happened? Oh man! Everytime I hear a traffic report and they say "car vs. bike" I cringe! People around here drive like maniacs! I don't know what is worse- the wine tasting tourists I used to dodge on the back roads of nor cal or the un caring maniac AZ drivers! To be honest I'm shocked she stopped. Sad but true around here! And my husband wonders why I'm leery of venturing out of Estrella mtn ranch!

[ladyjai]

I was at Osborn and 3rd street. Things did get worse, but now, it's getting better. I definitely have some major sore spots, but I've stopped discovering new ones. i can tell where the car hit me, and how it richocheted through my body... yuck.

[ladyjai]

took the bike into the shop yesterday. they said its pretty much ok the front fork is straight. the rear was tweaked, but I got to watch eric tweak it back - with his hands! . they're fine-toothing it now and going to give me a write-up of expenses for the lawyer, though it looks like there will be little.


now just to be well enough to ride... i'm going nuts.. my days are messed up... I can't ride while awake, so my dreams have been filled of organized century+ rides,

[slinkedog]

Just saw this thread LJ... I'm so sorry you're having to go through this. I hope everything turns out well for you. How incredibly scary!!! Take care!

[Lise]

What a scary experience, and then how AGGRAVATING that the computer crashed! Mine does that sometimes, too.

Hope you're past the worst of the soreness and the shock. Good for you for just screaming and screaming. You got the help as soon as possible.

Best wishes for healing for you and Carrottop! Lise

[doc]

Wow. Scary story. So glad you have only bumps and bruises. By now improving alot I hope. I hope someone has insurance on that relatively new car! I hope that woman got a bunch of tickets. Even considering driving off after hitting a human being hard enough to break glass is inconceivable.
Quick healing to you.

[ladyfish]

Jai;

Glad to hear you came thru such a crash with just bumps and bruises! I'm from AZ originally and know just where you were in that crash. I'm impressed you ride in downtown Phx--they definitely drive crazy down there (and elsewhere you have the snowbirds and regular crazys to deal with).

Hang tough and I'm glad to hear your bike survived too!

Get well soon!