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+--- Thread: Advice about Bike accident with car... (/showthread.php?tid=9110)
Advice about Bike accident with car... - V1GiLaNtE - 10-03-2010
Long story short..
Tuesday morning I was on campus riding my bike to class.. I was riding around campus using the usual paths because riding on campus SUCKS and there are not appropriate bike lanes to ride in..(only east campus)... I was maneuvering my way around pedestrians on the sidewalk near the post office and got hit by a car. I'm physically fine and my bike only suffered a bent handlebar. My approach on the situation was no harm no foul.. He said his car was fine and I wasn't dead so all was good. He got my name and phone from me and I never thought to get his as I had an exam to get to in 10 minutes( yes hindsight 20/20 I should have stuck around by I don't have time to deal with BS if I'm not dead or injured..) Well he called the JMU PD and I had to come in and talk with some officer and let him take pics of bike for a report.. He basically threatened me with a ticket of "leaving the scene of an accident" until we got this thing resolved...
Basically my thoughts are I swung out to get around people on the busy sidewalk and got sideswiped.. Now the guy is running around getting estimates with the expectations that I'm going to pay to fix his car.. His " cheapest" estimate(and only estimate I'm assuming) from Michaels autobody is $1200 to replace and paint a passenger quarter panel and headlight on a 2001 chevy blazer.. I'm calling absolute BS on this.. He says there is a dent on the corner of the quarter panel and the headlight is cracked.. Body shop told him it wouldn't be "structurally" sound to pop out dent..
As far as I'm concerened (and waiting on cop to confirm.. EDIT: NO EYE WITNESS ACCOUNTS) there are no eye witness accounts of what happened and is basically his word against mine.. Should I tell the guy to piss off about fixing his car and see what happens (court?) or what kind of other things should be doing to work this situation out..
Re: Advice about Bike accident with car... - WRXtranceformed - 10-03-2010
I was under the impression that bikers are like pedestrians and always have the right of way,,,,
Re: Advice about Bike accident with car... - V1GiLaNtE - 10-03-2010
Well I wasn't crossing the road.... merely trying to stay out of traffic until I could get across to the proper side of the road..
Re: Advice about Bike accident with car... - Apoc - 10-03-2010
Were you on the left (against traffic) or right (with traffic) when it happened? If you were on the left, you were basically breaking the law and could be placed at fault. You could refuse to pay and see if he takes you to court. If you were on the right, he has to give way... so tell him to go screw himself.
Re: Advice about Bike accident with car... - Sijray21 - 10-04-2010
how were you hit if you were on the sidewalk?
If you're using the flow of traffic on the road then you're fine; the driver must yield to you (albeit you have a helmet on...City of Harrisonburg has a helmet law). I don't understand the "leaving the scene of the crime" issue if you gave out your information to the driver...you not getting his info isn't so much a big deal if you weren't expecting to follow up with the driver for your damages.
for reference: <!-- m --><a class="postlink" href="http://www.vdot.virginia.gov/programs/bk-laws.asp">http://www.vdot.virginia.gov/programs/bk-laws.asp</a><!-- m -->
Re: Advice about Bike accident with car... - SlimKlim - 10-04-2010
"Structurally unsound" is a huge red flag. A fender is not an integral part of a car. If the fender is dented and not creased it can be taken out, if there is a crease most of it can be worked on, then body filler and a spot blend should finish it up. MAYBE $500 of work, no where near $1200.
Like everyone else, said, it doesn't sound like you were really in the wrong. Shit happens, which is exactly why he has insurance. I would very delicately tell him you aren't liable and to go put his thumb somewhere. I can't really think of any way he would have power over you in this situation, especially with no eye witness accounts.
Re: Advice about Bike accident with car... - Mike - 10-04-2010
I've read your report numerous times and you're saying you were on the sidewalk. If you were, he's 100% at fault and you should send him a receipt for your new handlebar.
Re: Advice about Bike accident with car... - Apoc - 10-04-2010
V1GiLaNtE Wrote:Basically my thoughts are I swung out [into the street] to get around people on the busy sidewalk and got sideswiped
[added text] I read it that way.
Re: Advice about Bike accident with car... - Steve85 - 10-04-2010
Quote:"I was maneuvering my way around pedestrians on the sidewalk near the post office and got hit by a car"
"Basically my thoughts are I swung out to get around people on the busy sidewalk and got sideswiped"
Just to trying to be absolutely clear here...you remained on the sidewalk during pedestrian avoidance?..or..you avoided pedestrians on the sidewalk by swinging in to the road for a brief period?
For a car headlight, or really anything but a mirror, to hit a bike that is on the sidewalk, he would have to be scraping the curb while you were teetering on the edge of sidewalk and even probably leaning out towards the road..
Just trying to get a picture in my head how this contact could have taken place.
edit:Chris beat me to it, that's what I'm thinking...
Re: Advice about Bike accident with car... - V1GiLaNtE - 10-04-2010
It's delicate.. I wasn't in the street but not on the sidewalk. It's one of those places where there is no curb so that a service vehicle can drive up to the path.. So technically it's both? Got some legal advice from my parents.. Insurance says it's not covered from an auto standpoint but that my Homeowner(renters) could cover it. Parents basically they told me to stop talking to him and let him deal with insurance if he wants too... That it's no longer my problem..
For reference it was like this.. Not at a crosswalk but a break in the sidewalk for the vehicles.. Half of me was on the sidewalk other half was turning around people closer to the bottom of the slope..
![[Image: 4c6d458b6cad1image.jpg]](http://i5.photobucket.com/albums/y166/V1GiLaNtE/4c6d458b6cad1image.jpg)
Re: Advice about Bike accident with car... - Sijray21 - 10-04-2010
V1GiLaNtE Wrote:Parents basically they told me to stop talking to him and let him deal with insurance if he wants too... That it's no longer my problem..
this.do
were you crossing the intersection or wrapping around the sidewalk and following that side of the sidewalk (ie: coming from the right and then heading up the sidewalk, where the one-way sign is pointing, using your picture)
you were close enough to classify as being on the sidewalk/crosswalk. The car must yield to you in the event of an accident. if he wants to pursue something then that's up to him, but you don't need to involve yourself any longer IMO. if anything i'd be pissed that he hit me (if i were on a bike) and i'd be thankful that you weren't hurt if i were the driver of the car...
Re: Advice about Bike accident with car... - WRXtranceformed - 10-04-2010
Based on what you have said so far, if the guy contacts you again I would tell him in the nicest way possible to go f himself and to watch for bikes next time he takes a turn that close to the curb.
Re: Advice about Bike accident with car... - V1GiLaNtE - 10-04-2010
Sijray21 Wrote:were you crossing the intersection or wrapping around the sidewalk and following that side of the sidewalk (ie: coming from the right and then heading up the sidewalk, where the one-way sign is pointing, using your picture)
I was coming down the sidewalk opposite the direction of the one-way sign pointing and using the wider part of the sidewalk there to go around people and continue on down the sidewalk.. (essentially being pushed to the outside)
Re: Advice about Bike accident with car... - Apoc - 10-04-2010
It sounds like it's time for MS Paint.
Re: Advice about Bike accident with car... - Ryan T - 10-04-2010
Just ignore the guy, be glad you didn't get hurt, and be more careful next time. If he does decide to spend the money to take you to court and it's just a he said/she said thing more than likely the judge would just tell each of you to pay to fix your own. Then you could go home with the satisfaction of knowing he spent $75 or so filing a claim that got him nowhere.
Re: Advice about Bike accident with car... - Evan - 10-04-2010
even if you werent all the way on the sidewalk, it looks like its a crosswalk too.
how bikes are treated difffers per the locality, but if in hburg they are considered pedestrians while on sidewalks/crosswalks then you could sue his stupid ass.
my bet is that any judge is just going to scold him for driving that close to the curb and cutting you off even if he does take you to court
Re: Advice about Bike accident with car... - Ryan T - 10-04-2010
I'm with Evan, a judge will most likely just scold him. But a piece of advice; if the judges in Harrisonburg are anything like all the judges I go before down here it will take you a long way to dress up, be early, have all your facts/paperwork in a row and be polite. People that show up to court here in t-shirts and get loud and pushy with the judge get a lot less leniancy and much harsher punishment than those that look nice and speak only when spoken too.
Re: Advice about Bike accident with car... - Mike - 10-04-2010
have you met cabell? hah... i don't think you need to worry about him showing up in a t-shirt. from my meeting or two with him, he's quite the southern gentleman.
yes, i'm trying to get in his pants. it is my location after all.
Re: Advice about Bike accident with car... - V1GiLaNtE - 10-05-2010
^ HA.. Thanks Mike.. But You're right Ryan.. My thoughts were if he REALLY wanted to go to court (which would be local small claims) my guess the judge would say you're both at fault. Case dismissed and lick your own wounds... As far as showing up to court late, in a t-shirt, and mouthing off... Never.
I politely left the guy a message last night that said in short I'm not liable to fix any of the damages on your car.. HOWEVER, if you feel the need or differently about this matter I would highly suggest filing a claim with your insurance and they can get in touch with mine... And that's how this incident can be handled properly..