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Bike incident help
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Morning all- So I had a bike incident on Friday. I was heading southbound in a bike lane and a truck, heading northbound, made a left hand turn into a housing complex about 10 ft in front of me. To avoid a head on collision with the front quarter panel, I hit the brakes hard and cut to the right and hit the pavement. I ended up stopping right at the side of his truck on the ground. Thankfully I’m ok save for some bad road rash and bruising.

My bike, on the other hand is $@&!?ed. Newish QR PR six has a chipped frame at least. My aero bars, components, and ENVEs are pretty much toast from the impact and sliding on the pavement going 25. Cops came, I filed a report and they agreed he was wrong they also noted my bike model and value in the report. I gave them it’s serial number. I need to get a new bike ASAP as I’m racing Tulsa in May but want to be cognizant if there are certain “next steps” I should follow in an attempt to recoup some of the cost. The bike is worth over 10k easily and I’m probably just going to have to suck it up and buy a new on the quick and then hope to get something back? As a FYI- I don’t have insurance that specifically covers my bike.

I should also note The driver was in a company truck and I am going to call the company to see how they would like to proceed. I don’t know how they will react, but I think I need to try. Worst case they ignore me and I sue....ugh... I also was thinking of possibly calling a lawyer if it would be helpful. Has anyone been through a similar situation? Thoughts?

Thanks everyone!
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Maybe trying to reach out to the Truck's Insurance Company and file a claim?!?!

Not sure what to do in your place either. Sucks having a bike damaged due to someone else's negligence ! But the most important thing is that you are good and well.

I had a similar incident in 2018 that I can't remember - wake up in the ambulance with a minor concussion and a shoulder that was never the same again. My bike was fine though! hahah

good luck
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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The company's insurance should be able to be made to take care of it. That would be easier if you had your own insurance company. It might be worth a call to your homeowners or renters insurance Co just to check if you have any coverage. When I was hit by a car, my renters insurance paid for the bike, minus a $1000 deductible. Then after they recouped the full amount from the driver's insurance, they gave me the last $1000. But I specifically had the bike listed on the policy with its value. I first tried just working with the driver's insurance company myself and they tried to only give 25% of the replacement cost. But if you have no other option you can try to work directly with them. But it is usually more successful if your insurance Co leans on them instead of you personally.

If your total loss in this is $10k, probably not worth hiring a lawyer.

Since it is a company, if they or their insurance refuses to pay, you may be able to get your state's secretary of state office involved? Or they may have suggestions for you. Social media may end up being helpful also.

You have their insurance info, I assume?

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Ed O'Malley
www.VeloVetta.com
Founder of VeloVetta Cycling Shoes
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Last edited by: RowToTri: Apr 26, 21 5:01
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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I am very glad you escaped with only bruises and road rash. Grr ... cars/trucks. In a century or two, I think we will look back and say "what the hell were we doing, bad for the environment, deadly for pedestrians and cyclists, terrible personal financial investment, caustic for urban development, rotten for our health, etc". And yes I own a car.

I don't have any advice about the legal financial process you envision. I don't know that a "report" made to law enforcement will establish fault; perhaps if they had issued a citation your standing would be stronger. Someone here will have better insight.

I am mostly concerned about your stress over an upcoming race. "I need to get a new bike ASAP." I have felt this impulse before. Be at peace. Trust your training thus far. Get back in the groove with your other activities. You won't get slow overnight.

I think you have 4 weeks. A solution will present itself. First, something to ride in training; perhaps you have an alternative bike. Second, something to race on; rushing this decision seems to me like like a recipe for wasted dollars, actual nightmares, suboptimal fit and so on.

Best wishes, may equanimity be with you
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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I don't know the answer to this, but do you have membership with your national federation (guessing USAT?) and do they offer any support services.

In the UK BTF membership (Triathlon England in my case) includes a discretionary legal claims service for any accident that wasn't the members' fault, and not just during races. Do you get anything like that where you are?

Wish you luck getting made good.

Cheers,
Rich.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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If you live in a decent sized metro area there may be a lawyer(s) who specialize in auto-bicycle accidents. I would recommend finding one of them and asking for a consult. Good luck.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Fluffyfin wrote:
Morning all- So I had a bike incident on Friday. I was heading southbound in a bike lane and a truck, heading northbound, made a left hand turn into a housing complex about 10 ft in front of me. To avoid a head on collision with the front quarter panel, I hit the brakes hard and cut to the right and hit the pavement. I ended up stopping right at the side of his truck on the ground. Thankfully I’m ok save for some bad road rash and bruising.

My bike, on the other hand is $@&!?ed. Newish QR PR six has a chipped frame at least. My aero bars, components, and ENVEs are pretty much toast from the impact and sliding on the pavement going 25. Cops came, I filed a report and they agreed he was wrong they also noted my bike model and value in the report. I gave them it’s serial number. I need to get a new bike ASAP as I’m racing Tulsa in May but want to be cognizant if there are certain “next steps” I should follow in an attempt to recoup some of the cost. The bike is worth over 10k easily and I’m probably just going to have to suck it up and buy a new on the quick and then hope to get something back? As a FYI- I don’t have insurance that specifically covers my bike.

I should also note The driver was in a company truck and I am going to call the company to see how they would like to proceed. I don’t know how they will react, but I think I need to try. Worst case they ignore me and I sue....ugh... I also was thinking of possibly calling a lawyer if it would be helpful. Has anyone been through a similar situation? Thoughts?

Thanks everyone!

1. Don't post detailed info online. Lawyers do search the internet for this crap.

2. Without video, unfortunately, unless the guy admitted wrongdoing you'd likely not see any lawsuit money.

3. Doesn't mean I wouldn't get a lawyer after asking their company about it first. If they ask you to pound sand, it may be worth the lawyer money you stand to lose just to make them play some kind of ball.

4. Company truck? Lawyer might ask if they have any dash video from that thing.

5. I'd make your online exercise accounts private for now and send cops/lawyer your GPS file showing your movements at the accident scene, sometimes this is incriminating enough.

6. Lastly, way back in the day a car merging on the interstate almost sideswipped the car next to me. Car next to them almost sideswiped me. I tried to avoid the hit, but in the process ate guardrail in my car. Only damage was to my own. For some reason some states if the other person didn't touch you..........it's going to be tough going getting compensation.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Similar incident, but I had contact with the car, which might make a difference.

I collected the police report and had her insurance info. I called her agent/adjuster. Basically they were very willing to pay based on my bike mechanic's estimates without question since I wasn't injured. Mine was more like $5k(15+ years ago), but that is cheap vs. $100k+ medical bills and pain and suffering minimum.

I was able to borrow a bike to train and raced a few races using that bike and by the time IMFL came around I had my new bike.

Get an estimate for a long-term rental of a tri bike and put that in the cost even if you don't end up using it. Otherwise estimate all your sunk costs regarding Tulsa including warm-up races and use that. Again they won't squabble over a few grand vs. an injury settlement.

Best of luck.

Damn I just realized my first IM was 16 years ago. Gawd time flies!

Swim - Bike - Run the rest is just clothing changes.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Although it's probably not something you've dealt with before this honestly sounds pretty routine* to me.

- Notify the company.
- Notify their insurance.
- Submit claim to insurance.
- Negotiate claim with insurance.
- Collect your money.

At the end of the day a $10k claim without boldly injuries isn't that big of a deal to any reputable insurance company. They'll probably nickel and dime you a bit just because that's what they do, but with even modest resistance you should be able to get 80 to 90 cents on the dollar. It's not worth it to them to keep the file open and simpler to get it off the books before you "develop" bodily injuries.

* One major caveat though during Covid times. In many states, the court systems have essentially been closed for all but essential issues (criminal, family, probate, etc.). Small civil cases haven't been moving forward and there's a huge backlog at the moment. The insurance companies know this and are using the "delay" as leverage in negotiations. They know it will be years before anything ends up in court for these small matters. Again though, they're more likely to move a small property claim off the books before it gets bigger.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Sorry to hear about your crash. I know and understand that you are in a hurry to get a repalcement bike for your upcoming race. However, do not be too quick to accept the cash for a new bike and sign a release. Once you sign a release, the driver, the company, and their isurance company are all off the hook for any and all of your future medical issues relating to this incident. My suggestion is to borrow/ rent a bike or buy the best bike you can afford right now. Do not rush the settlement of your claim. Thoroughly investigate all your physical issues and sort them out before you settle. Best of luck!

Habitual line stepper.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Very similar incident happened to me last year. Car made left turn in front of me, I slam on the brakes and end up going over the front of my bike and not even hitting the guys car - just my face on the pavement. My aerobars were broken but otherwise no significant frame damage. I ended up with a few facial lacerations requiring sutures.....these would later become scars. Luckily a cycling buddy of mine is a PI attorney and handled making me whole on the bike side, as well as some settlement $ for the injuries. As others have suggested, take your time with this and strongly consider hiring an attorney to help you navigate and negotiate. Don't sign off on the settlement too soon. GL.
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Re: Bike incident help [Fluffyfin] [ In reply to ]
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Thanks for the advice everyone. Some great points to think about.

I will be putting a call into an attorney and thinking about the long term affect to see if it helps strengthen my case. I also do have the company's insurance information, so I may wait to hear back on what the attorney's say prior to submitting a claim. Either way, thank you.
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