It's still her fault, and she has insurance to cover it. She stopped, but was not safe to proceed. If you were in a car, she would still be at fault (though she would have probably seen a car coming and not proceeded).

---

---

Coach TJ Tryon - Open Water Swim Clinics | Facebook | @tjtryon

Ask me about: T3 Multisport | Gu Energy | Torhans | Xterra Wetsuits (discount code) | Karbon Speed - discount code: COACHTJ | Uvex Helmets

Hmmm would her insurance cover damage to a bike? I spaced out and didn't think to get the police involved and get an accident report.

+1

I'd make sure that you get your ER visit covered first off. I had a VERY minor collision with a car a couple of months ago ('left cross' - lady going the opposite direction made a left turn in front of me without looking... slam into the rear panel).

I fell over... felt fine and was about to walk away. Fortunately I had witnesses that called the police (I wasn't going to) and had an official report followed. Driver's insurance had no trouble paying my medical expenses plus more than enough to replace the bike (though it wasn't much damaged). My experience wasn't painful, but I've heard from many others that it can be.

Get in touch with their insurance. When you get your bike looked over, have the shop give you a WRITTEN estimate of EVERYTHING damaged, no matter how minor, even if it's just a cosmetic scratch (typically LBS will cite replacement value for scratched components. Have the price of the inspection included in the estimate. If you're riding a fancy bike, make sure you communicate that point... I was able to make the argument that a crashed though functional bike (esp. with carbon components) has zero resale value to other racers, and was compensated for this.

My health insurance covered the doc visit (I went to a doc in the box, not the ER actually) so that's no problem. I am more concerned about the damage to the bike - I didn't get a police report, I was too dazed and concerned with getting to the ER to think about it, so I don't know if I can do anything other than just ask nicely at this point.

After my medical insurance paid for my visit, they also sent me paperwork requesting info so they could go after the driver-at fault to get reimbursed. It was a confusing process for me since I had the driver's insurance cut the hospital a check directly. In any case, if your insurance does bill you anything for the visit, that should, ideally be paid by the other party.

If possible, get the other driver to file an accident claim with her own insurance. That'll get the ball rolling, and you can speak with their insurance company to see what, if anything you can get reimbursed for. You need to be a strong advocate for yourself.

>>My health insurance covered the doc visit (I went to a doc in the box, not the ER actually) so that's no problem.<<

You don't have co-pay? Or what about a couple of months down the road when you have issues that don't show up immediately?

clm, knowing this from experience

---

clm
Nashville, TN
https://twitter.com/ironclm | http://ironclm.typepad.com

Lots of variables depending on where you live. I'm in PA so any injuries involving a motor vehicle - either being in one or hit by one as a pedestrian - no matter who is at fault.....my injuries get paid by my auto insurance carrier. Also, your health insurance once it finds out that your injuries were caused by a motor vehicle could deny paying for the accident bills - again will depend on your state laws. You will really want to check with your Auto insurance carrier as well as you health insurance carrier to make sure who is responsible for paying for what.

Damages to your bike....again will depend on your states law. Some states - if your 1% contributory for the cause of the accident, they can deny paying for your damages. Some states if the person who hit you is found to be 51% or more responsible - they are responsible for 100% of your damages. And some states, they will only pay you for the % of your damages they are deemed responsible for.

My suggestion is to contact her insurance company ASAP to file a claim for damages to your bike & injuries to at minimal get the process started.

Michael

"They examined my head and found absolutely nothing. "

Classic.

I don't get it what's so funny? (get it!?)

1) get her to admit it's her fault in writing. Say you need it for your insurance or something. Have her sign it. Then get her insurance company's name (AFTER you have your signed admission of fault...this will freak her out)

2) Contact police. File accident report and show aforementioned admission of guilt.

3) get a written estimate to have your bike REPLACED. If the frame is carbon...it's fucked. period. don't screw around with this.

4) NEVER admit to going over the speed limit unless DIRECTLY asked (and then lie...if you're comfortable with it).

5) Contact HER insurance company with the police report, admisison of guilt, written estimate for new bike and receipt for co-pay. Request sum.

6) Cash check 2 weeks later or hand case off to lawyer

---

----------------------------------------------------------------

My training

I don't think my frame ever touched her car - I was skidding on my left side by the time I got to her car and I am pretty sure my rear wheel hit her rear tire but that's it. I will get the bike inspected tomorrow at the bike shop to make sure there are no cracks. If the frame isn't cracked anywhere, why would it be screwed?

your bike shop will only inspect the frame for 'visual' cracks...and they will do a poor job guaranteed. They will not see something below the clearcoat. If you were infact 'skidding' then it is highly likely that the stresses on your frame were of a different nature and strength than the manufacturer intended for use. I repeat, don't fuck around with this. It's your body/teeth that will break when your frame fails next month when you hit a pothole. Good luck asking her insurance company for a replacement then...

It's retarded to not want a new frame if her insurance company is going to pay for it. She fucked up and her insurance company will hopefully pay to fix her mistake. Stop trying to save them money by putting yourself at risk.

---

----------------------------------------------------------------

My training

Even the smallest defects in the carbon that you cannot see (with out xrays) can cause catastrophic failure later down the road when they grow and cause the carbon to really give way.
Even hitting you wheel @ 3X mph could mess up your frame.
who knows?
I wouldnt risk it

i don't know...this seems weird. kinda like you're defending the lady or really playing down the severity of the accident. maybe you ARE the lady.

anyway, if a driver was clearly in the wrong, i would want to make sure my body and gear was taken care of. i'm not out to stick it to somebody...but i think any out of pocket expense now or later should be covered. i've had a few friends get hit and not have any issues for a few days. or they thought the pain/swelling would go away. and it didn't...or it got worse.

i think the very specific/numbered advice given here is spot on. don't take any chances. file a report. file a claim. get it all covered.

Umm because getting her insurance to pay for a bike to be replaced that does not actually need replacing is insurance fraud. Aside from being unethical, I would lose my job and security clearance if that ever came to light. How am I going to convince the insurance company that there are cracks in the bike that cannot be seen if a bike shop can't even find them, and that the entire $3,000+ bike needs to be replaced because of said non-visible cracks? I can't the thing an MRI.

The other issue is that I am racing IM CDA in 19 days, and I am in the middle of moving, which makes all of this even more fun!

I think the point here re: carbon frames (or ANY carbon components, forks included), is that there is really no way to tell if any damage has occurred. Cracks may develop inside the frame that can worsen/propagate with use. In this case, it is standard industry practice (call your manufacturer) to replace anything that has been in a crash, because there is no way to know for certain if your bike is safe or not. At the very least, as I said above, your race bike now has a resale value of precisely zero (where it may have been x dollars prior to the crash). You were there at the crash, you know what happened to it. Should you ever try to sell the bike, no one who would race it would put their life on the line on a crashed carbon frame/component exactly because there is no way to know. At the very least you should be compensated for this lost value.

I must agree some of these suggestions seem a little extreme. She stopped, she didn't see you, this was a true accident! Get what you need from her (derailleur, etc) and move on. But wear bright yellow next time you're in the park, it is hard to see riders with all the trees and backdrop (Tallman?)

It's her fault (failure to yield to oncoming traffic, lack of right-of-way), she pays....period.. The same thing happened to me a few years back (I wasn't speeding though), the insurance company tried to pay out as little as possible (surprise) and I finally had to get a lawyer to even get my bills covered (not a litigious person, but had no choice). My advice is document everything! Take pictures of the damage to your bike. Have a bike shop check it for unseen damage (like a cracked steerer). Make sure you still feel ok in a couple of days (I had lateral whiplash and felt fine after the crash...then couldn't move my neck the next day). Keep your medical bills. Document any missed work, and "pain and suffering" (a generic term that covers items like not being able to race). Write a detailed description of what happened, who was there, what was said, etc. while it's still fresh.

Her insurance company won't pay a dime without proof. Don't even talk about it being partly your fault or they'll seize on that as an excuse not to pay you what they owe you. That all being said, the woman who hit you may be glad to pay your expenses if they are minor rather than report it to her insurance company and see her rates rise.

---

ECMGN Therapy Silicon Valley:
Depression, Neurocognitive problems, Dementias (Testing and Evaluation), Trauma and PTSD, Traumatic Brain Injury (TBI)

the point of looking is to determine wether it's safe - and this woman clearly failed. it's her negligence, or inability (or poor eyesight?) - not an 'accident.'

(I"m going ahead and assuming the OP wasn't wearing all camouflage in a forest.)

That said, if the OP wants to be lenient, that's his right. I do agree that he should get a written estimate from his LBS on damages, but he should get her to pay for what he feels is appropriate.

ditto

if you sell it and someone has the frame fail while riding it...it would suck to be you

even if you keep it...do you want frame failure while doing 30+ mph down a hill?

I believe there may be a way to get it checked...but it's expensive (not positive on this, you can check aluminum...carbon?)

i never said to be unethical about it. it just seemed that you didn't want to deal with it all and were looking for someone to say "just let it go and move on." you came here to ask for thoughts and opinions. that's all we're giving.

sadly, you don't know what will happen to you or your bike down the road. make sure your body is checked out again soon. i was witness to a bike/car run in (i was about 25 feet behind the cyclist) and gave him my info even though he seemed fine. (the police were not called) sure enough, a month later an attorney called. the guy couldn't raise his arm above his shoulder.

just be careful and thorough.