the guilty party's insurance should cover you and bike; if you have any doubts contact a personal injury attorney- be sure your insurance co's get the details for both injury and bike. I hope you heal fast~

Glad you can type!

Play it by ear - if the driver feels bad that is a plus (his insurance company wont). See what they say - if they dont offer to pay 100% of your bike, med bills and all - get a lawyer.

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What if the Hokey Pokey is what it is all about?

I got hit on March 22 while on the second ride of my new QR Seduza. It was totaled along with helmet, shoes, sunglasses, and bike shorts. From a health perspective, it took about a month to recover from the accident, but I fortunately only had bruises, sprains, and strains. Since the cops found the driver responsible, I was able to get a quick property settlement with her insurer and have already replaced the damaged items. As for the personal injury component, I will likely make a claim, but I am waiting until I have my final ortho appointment for the hip later next week before making the claim. Best of luck!

Glad to hear you weren't hurt even worse! Man, these posts spook the hell out of me. I have actually thought about a...shudder....trainer in the garage, and I live in Southern California!

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My business-eBodyboarding.com

I live in RSM and someone got hit a couple weeks ago on my main training route. I have decided that I will strive to go on bike trails as much as possible for now on. You have the Trestles to San-O route in your backyard so I would say the trainer might be a definite last resort. It amazes me when people feel it neccesary to go 60 on essentially residential streets...gotta love SoCal.

Good that you live in California. Property damage (your bike) and personal injury are two separate items and can be settled individually. Call the other insurance company on Monday. They should reimburse you right away for the bike. It should not have to take more than two weeks. On the personal injury side, call (866) 987-7007 for the Law Offices of Matison and Margolese. They specialize in bicycle accidents.

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Pasadena Tri Club

I am glad you are ok!

I had a similar run in yesterday, some woman busted a U-turn right in front of me, not a single person behind me and for some reason she needed to turn right in front of me. I was having a bad day so I sprayed her car with gatorade, probably not the smartest thing to do but I was Po'd

Anyhow, back on point, i think their insurance should cover your bike. Maybe homeowners if you put your bike on your policy

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"This wheel definitely beat the 808 in this test, no question, and I do commend Hed on producing a really fast wheel...the wheel is fast, I am not disputing that." - joshatzipp on the Stinger 9
My Website
HEDmafia.com

His insurance should pay for YOUR MEDICAL AND BIKE, but he'll be responsible for the deductible.
Were you riding at the Rose Bowl. It's illegal U-turn heaven (or hell?)

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Dick

Take everything I say with a grain of salt. I know nothing.

Specifically, his third-party coverages (Bodily Injury and Property Damage) will pay for your bike. Deductibles apply only to first-party coverages (Collision, comprehensive, medical payments), in this case the driver.

If his insurance company gives you shit you can possibly make a claim with your personal coverage (homeowners, renters?) just to get some representation. That's what your insurance really buys you: someone to negotiate with insurance companies. I used to work for an insurance company as a claims adjuster. It sucked.

Good luck. Glad you're well.

Get your bike and take it to a local bike shop that is a dealer for the bike you have. Have them write up an estimate for replacing the bike, helmet and clothing. You do not want to ride on the frame, fork or wheels that have been in a wreck with a car. Since the shifters are rather delicate inside, you do not want to use them again. Anything scratched or damaged need to be replaced. With a lot of damage it is best to replace the bike with a new one, and is usually cheaper as well. Insurance adjusters do not have much experience with bikes and if you come in with a decent estimate, and they can verify it with a bike shop, they will usually pay it. A good bike shop will have done this before and know how to handle it. At the LBS I worked in we did this far too often.

However, this is only for the property damage. The insurance company, which should be listed on the police report, should be able to settle this quickly. They may contact you before you contact them if their insured notifies them of the accident. Make sure you do not sign anything waiving personal injury. If you are going to after a personal injury settlement, you will need a lawyer.

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"Remember: a bicycle is an elegant and efficient tool designed for seeking out and defeating people who aren't as good as you."

--BikeSnobNYC

WOW that had to hurt... glad it's only a dislocated elbow, so easy for these things to be worse.

Especially if he was cited for illegal turn or similar, his insurance will definitely have to pay - it's his fault so he's liable. You'll need his information from the police report to start the process, and I would absolutely seek advice of an attorney.

You may not want or need a personal injury lawyer who might take your case on a contingent fee unless you have substantial claim beyond the direct damages like the bike and medical costs, BUT I bet you would definitely benefit from a few hours of advice from someone who can advise you on traffic laws, insurance regulations and so forth in your state.

I believe that you should be able to come out with a replacement bike, reimbursement for medical expenses paid and any loss of income or other expenses like torn clothes or smashed sunglasses.

I was hit while running in Feb, I had no idea how complicated the insurance and other rules are, and really even how the system works.

Good luck

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don't just do something..... sit there

Where? Santiago Canyon? Is that your training route? I rode there alot in the winter/spring/summer of '06, but now I'm kinda paranoid!
I do ride the Sano to O'side route every Weds, and some weekends, but I like to have several "safe" routes to break up the monotony. I also ride the Santa Ana River Trail, the San Diego Creek Trail to Hick's Canyon, to Jamboree route, but these high-speed/high-traffic roads are just too sketchy for me.

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You might want to stay away from the inland portions of Jamboree for a while. Road resurfacing is ongoing. I like Christanitos down to Oceanside to break up the routine. (The Marines DEFINITELY enforce the speed limit.) My main drag is the Santa Ana River Trail.

Thanks for the warning. I usually would connect from the San Diego Creek Trail from Newport Back Bay to Harvard, to the Hick's Canyon Trail and that leads to Portola. From there, I'd hop on Jamboree and ride up to Santiago Canyon Road. Is that the stretch they're repaving?

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Exactly that stretch. From Irvine Blvd. to the fire authority is mostly done. from the fire authority to Patriot (I think. the first light going up the hill) has had the surface stripped off. It is passable going up, (imagine you are doing cobbles in Belgium) but you would not want to go down it at speed.

I'm with you guys. Santa Ana River Trail for me. Boring but no cars.

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Train safe & smart
Bob

Sorry about your accident. Glad you are here to tell us about it. I hope you have a speedy recovery.

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Train safe & smart
Bob

You will need to contact your personal insurance carrier. Your agent will work with the driver's insurance company to establish a claim (first step). There will be a period of investigation whereby blame, or percentage of blame, will be accessed separate from a police report. Property is handled separate from medical/pain/suffering/scaring/lost work, etc. Keep the bike and have an estimate of damage prepared - in all likelihood the bike will be written off as no-one will accept liability for the potential of hidden damaged that could lead to a structural failure. FWIW: Property will be depreciated, so do not expect to secure full replacement value.

You will carry the cost of medical until a settlement is reached.

I ** HIGHLY ** recommend you consult with an attorney to get clear visibility into the process and to not be naive as to the proceedings, motivations or risks. You do not know how your body will heal or what complications, near term, or long, will present themselves. Take pictures of your injuries immediately and make a list of **ALL** pain. Keep a written log of all hospital and doctor visits. Log all prescriptions. Do not meet with the other party’s claims adjuster until you are clear on facts and have had that attorney consultation. You need to protect yourself, be cautious, know the process and protect your right to fully access your health, treatment and have visibility into long term healthy risks.

Sub.10

FWIW: I was hit 3 months ago - variety of injuries and surgery to repair. I am still in pain and will require additional surgery to heal. After 11 years of competing - season over - no biking - no swimming - No IMCA - No WF - No IMCDA - No Vineman - no Kona.

I will do the Cook's to Aliso route, both ways, I really like Sanitago but can be pretty sketchy. Also start at end of Ortega and roll down through to Pico....I guess roads are unavoidable around here. I must say the bike lane on Coast hwy parallel to Beach Rd is a welcome addition. I really dig the San-O route, particularly since it is the main part of two of the biggest races in OC/ North SD.

exactly! i was freaked out to click on this. so glad our pal isn't hurt too too badly.

please keep up posted what happens clyde! and be safe out there!!!

Glad you are ok. I am amazed the driver stopped. That seems to be pretty rare these days.

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I'll be what I am
A solitary man

First of all, I am glad to hear that you are feeling relatively well. Working at a shop, I see WAY too many cyclists getting hit by cars, and we are in a rather small city with relatively low traffic. Hopefully I can give you a few pointers, as we deal with car-crach victims quite often.

Maybe some of this has already been said, but...

...when you get your bike back, take it to a reliable shop in the area and have them do a repair/replacement estimate for you. Include ANYTHING that was damaged due to the accident. Bike, helmet, shoes, clothes, accessories, etc. Your shop should be able to provide you with a detailed estimate, breaking down any and all damaged equipment, that both you and the offending driver's insurance company are going to want to have. You are entitled to have your bike and other possesions returned to the condition they were in before the accident... in other words, if your rear derailluer didn't have a scratch before, and now it does, you deserve a new derailluer. It may be best to leave the bike at the shop until the whole process is over, as the insurance company will most likely want to come and inspect the bike and take pictures. Usually they feel better if the bike is in 3rd party posession during this time... means you can't add any "extra" damage to the bike! Do not even speak the the insurance company yourself about the bike. Have them contact the shop directly, as they will be more apt to listen to a "professional" about the damage that has been incurred. (You wouldn't expect an insurance company to take your word for it if it was your car, right?) If the bike is a total loss and the ins. co. offers you full replacement value, they may want to take the damaged bike, although this is not too common.

I'm not sure about Cali, but here in New York insurance companies are *usually* pretty eager to take care of an injured cyclist, especially if you have a broken bone, seperated joint, etc. The last thing they want on their hands is a lawsuit. In NY a car/cycle accident is considered "No Fault" so the process there may be a little different, I don't know.

As I said, we deal with this all too often, so feel free to ask me any questions you have and I will do my best to answer them.



Good luck, and hope you're back on the bike soon

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DING DING!! Artmus speaks the truth!
100 miles a day is the only power meter you need.

Hit last July in IL.

Find out what insurance company the driver has. Call your insurance agent(not company) and get the lowdown on whether they are any good.

I got lucky in that the driver who hit me had first-rate insurance. I walked claims adjuster through everything -- getting them copies of the police report, pictures of the cracked carbon frame, estimates from my bike shop, etc. I was injury-free and was paid out in full within 2 weeks including bib shorts and jersey.

You do not want to deal with your insurance company as your rates might go up even if you don't make a claim, but if the driver's insurance company is stinky you might have to go that route.

Best of luck.

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Swim - Bike - Run the rest is just clothing changes.

Yeah, I ride the Aliso Creek Trail alot too, but lately there's been SO MANY peds and general trail traffic that it's hard to get a good ride going...at least at the Laguna Niguel end of that trail.
I also ride from my house here in San Clemente up the San Juan Creek Trail and around that area. At least it's safe, and I too love the new bike lane along PCH in Capo. I live 3.5 miles due east of Poche, so I use that route alot.

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My business-eBodyboarding.com