OMG I Was Just Hit By a Car

[Eden]

The driver's insurance should absolutely pay for everything - a whole new bike if need be. If they give you any trouble definitely contact a lawyer. I can give you another reference for someone who specializes in cyclists.
Mimi Bailey
Stritmatter Kessler Whelan Coluccio
206-448-1777
http://www.skwcbikelaw.com/

It's ridiculous that the driver wanted you to down play the whole thing. It was totally his fault - he turned in front of you! Don't let anyone try to tell you different or convince you that they don't need to pay for your injuries and damages because it was no one's fault. When a driver makes a decision it's not an act of god.... Of course it was his fault.

It's the same thing that happened to me last summer (being left hooked in Kirkland that is). I had a somewhat better experience with the police though. They agreed that it was clear cut failure to yield on the driver's part and gave her a ticket. (and a bigger one for driving without insurance...) I hope your driver gets a ticket too. As far as who pays, I would think with a rental car that *someone* has to have insurance on it, be it the driver, the company who hired him or Hertz, who owns the car.

I hope your bike is OK other than the clear damage to the front wheel and I hope you are OK too - I would encourage you to get checked out. You deserve the peace of mind and the insurance of the person who hit you should give you that. (but yes I understand the reluctance to go to the ER... I almost did not. Everything turned out fine, but the possibility that I'd cracked my knee cap was definitely there. I could stand up and walk around, but my knee had swollen so much in just a few minutes that I couldn't bend my leg)

Do be prepared for it to take some time.... I was hit in June and finally resolved all the bills in December. And my case was not all that complex. An ER visit, an X-ray and a physicians fee.

[7rider]

Wow. That sucks. Glad you're okay for the most part.
I won't re-state what all these folks say, but there's a lot of good here for you.

[Karma007]

Nothing like sitting at the scene of the crime, trying to get your bearings. Warm fuzzies to you and your bike, and mucho hugs!!!!

[jobob]

I have nothing more to add, apart from my own relief & gratitude that it wasn't worse, and my best wishes for your speedy physical, emotional & financial recovery.

I agree, some excellent advice from those who preceded me.

[TrekTheKaty]

Get to the Dr so you have proof of injuries from the accident. Take as many pictures as you can. The driver should replace your bike AND cover your medical expenses. Unfortunately, cyclists have to PROVE they didn't do anything wrong. Don't let this drop.

[maillotpois]

I am so sorry this happened to you. As many have said - GET A LAWYER.

I note you said this guy was a contractor for Oracle driving a rental car. Perhaps he was driving in the course and scope of his employment for Oracle - did they perhaps rent the car for him, was he in the country because of work, etc.? Perhaps Oracle is also on the hook here if it turns out that this guy is uninsured or otherwise uncollecatble.... Be sure you tell your atty this possible lead.

[owlice]

Wow. Wishing you a speedy and complete recovery, and new parts for your bike!

[kfergos]

Hey ladies,

Thank you all so much for the good wishes and advice. Last night I also came down with a cold and started my period -- these things come in 3s, right?

Anyway, I did not end up going to a doctor, but the firemen gave me a decent examination and provided me with a copy of their medical write-up from the scene. I also took pictures today of the bruises, swelling (not easy to photograph!), etc. I'm very sore but, considering, pretty much unscathed. I think he didn't actually hit me, but rather slammed into my front wheel and knocked me over. All my injuries are consistent with the times I've just fallen over by myself, with nothing on my shin (say) where the car bumper would have hit.

Lawyer-wise I'm thinking of going to John Duggan, who I encountered purely by accident on my commute in on the I-90 trail a few months ago. Turns out he's also extremely active at the Bicycle Alliance of Washington, where I work. I'm just not sure if I really need a lawyer if it doesn't go to court. I think I'll ask around at work tomorrow and see if he'd at least give me a consultation pro bono, since I'm a poor AmeriCorps intern at his favorite bike nonprofit.

Now the real important news: My bike. The front wheel, of course, requires replacing. The carbon fiber front fork and carbon fiber handlebars (new this fall -- sob!) don't show any damage but the bike shop guy recommended replacing them if I can. His quick estimate put total repair costs around $1000. I just hope I can actually get that much out of whatever insurance company ends up dealing with it.

ETA: I forgot to mention that the drivetrain, deraillers, shifters, and brakes are all just fine, as is the back wheel. The entire back half of my bike is essentially unscathed! And, since I fell on the opposite side of the drivetrain, that got nary a scratch.

[Catrin]

I am glad to hear that you were not hurt more than you were, and thankful that you know a good lawyer. Insurance companies try everything they can to not pay out...and I do hope the driver has insurance. Wishing for a safe and speedy recovery for you, and your bike!

[salsabike]

K, I am so sorry to hear this!

[PscyclePath]

((((Kfergos))))...

I joined the same club last Sunday afternoon, when I was rear-ended by a drunk driver while pedaling off from having waited out a red light. Oddly enough, we were both sitting stopped there at the light for at least a couple of minutes. The driver had two open bottles of liquor, and a glass in his cup holders; after checking to see if I was conscious (I was), he fled the scene on foot, leaving his truck sitting on top of my bike in the intersection. The police caught him about 8 or 9 blocks away, still running.

I was knocked about 12 to 15 feet, but managed to land unhurt except for a pulled muscle in the right calf, apparently from getting knocked out of my pedals. The first three days of recovery were pretty miserable, but I was able to get back on a bike Saturday afternoon, and do the weekly club ride again yesterday, though I certainly didn't push too hard.

You need an attorney. The car driver is liable to you for all your medical bills, a shiny new bike, and more than likely, damages for pain and suffering. The car rental agency is likely also another liable party.

Getting hit like that definitely affects you both mentally as well as physically. Take some time now to get checked out thoroughly (you'll need that for your claim), find a good attorney (looks like you have), and heal both your mind and body. Then you sue that fellow's XXXXXX rear end off, and his rental agency too

[OakLeaf]

sue that fellow's turban off

Can we do without the ethnic stereotyping? That really doesn't become you, or this forum (or any other one), Tom.


Anyway, very glad both of you are mostly OK - from the other thread, sounds like your frame was totalled, Tom?

[arielmoon]

((((Kfergos)))) (((PP)))

[spokewench]

Hang in there. I think sometimes the hardest part about getting hit is the aftermath later, not so much the physical, but the fear it can engender in us when we are riding in close situations again. So, remember, if you are feeling uncomfortable riding your bike in the near future, that is normal. You will slowly get over it.

Spoke

[kfergos]

Anybody have a sense of whether I should go ahead and repair the bike myself and try to get reimbursed, or wait on repairs until I get money? The problem is that this bike truly is my car, and going without it is extremely logistically challenging.