Bicycle Accident 06/26/2013

[tascamtone]

Hi everyone,

I was involved in a bicycle accident on 06/26/2013. I was hit by a car while on the W&OD crossing Buckthorn lane. The driver of the vehicle briefly exited his car and without checking me out sped away from the scene. I filed a police report with the Fairfax county police. I just recently received a letter from this gentleman’s insurance company claiming I was at fault for the accident. If there is anyone on here who was one of the handful of witnesses that day, please respond to this and let me know. I am in the process of writing a rebuttal and having a witnesses account would be much appreciated. I know it’s a long shot, but hopefully one of those people there that day will respond. I was riding a Trek Discovery Madone 5.9 that is blue and silver. I was wearing a Trek discovery jersey with a black and yellow livestrong helmet. Please email me at seb07009@gmail.com if you were one of the witnesses that day.

Attached is a picture of me with the bike I was riding the day I was hit.

Topic

[MattAune]

Is this guys insurance company flat out admitting that their client was involved in a vehicle collision in which he fled the scene?

[tascamtone]

@MattAune 61846 wrote:

Is this guys insurance company flat out admitting that their client was involved in a vehicle collision in which he fled the scene?

To quote the letter “In this case, our investigation reveals that you were responsible for the accident. This is based on our insured’s statement, photos from the scene as well as the police report. Therefore, we are unable to pay for your damages or injury claim.”

I’m not sure what photos they are referring to because I doubt he could take any in the five seconds that it took him to drive off from the scene of the accident. I never filed any claims for medical bills or anything, I just merely wanted it on record in case he came after me.

[bobco85]

@MattAune 61846 wrote:

Is this guys insurance company flat out admitting that their client was involved in a vehicle collision in which he fled the scene?

It would be good to find out the driver’s version of the story as reported to the insurance company. I don’t see how they would try to get you to pay up when their client commited a felony hit-and-run.

Were you recording your ride in any way (camera, Strava, MapMyRide, etc.)? You could use that to show that you had right-of-way in the collision.

I hope you are able to get the info you need for your case.

[tascamtone]

I was using Strava at the time. The intersection is at the crest of category 2-3 climb and I stopped at the stop sign and proceeded as normal. Once about five feet into the intersection I was hit by this man’s vehicle. I am collecting the police report tonight to see what his side of the story is. The guy who took down this guy’s license plate for me said he was color-blind, that’s all I remember about him. I really hope this gets to him somehow and he can give his account of the story.

[tascamtone]

To Quote the letter “In this case, our investigation reveals that you were responsible for the accident. This is based on our insured’s statement, photos from the scene as well as the police report. Therefore, we are unable to pay for your damages or injury claim.”

I’m not sure what “photos” they are referring to, seeing as how from the time I got hit to when he drove off was under 30 seconds.

[TwoWheelsDC]

@tascamtone 61861 wrote:

To Quote the letter “In this case, our investigation reveals that you were responsible for the accident. This is based on our insured’s statement, photos from the scene as well as the police report. Therefore, we are unable to pay for your damages or injury claim.”

I’m not sure what “photos” they are referring to, seeing as how from the time I got hit to when he drove off was under 30 seconds.

And if you filed a police report from the scene, and he wasn’t there….

[tascamtone]

Here is a link to the Strava file from that ride:

http://www.strava.com/activities/62981308

[Mikey]

I am no lawyer, and I usually am a cheapskate. I do everything myself instead of hiring a professional (plumber, electrician, mechanic). In this case I would get yourself a lawyer. Virginia law is pretty prickly when it comes to assigning fault, damages, etc. I would think it is an admission of guilt if he is making a claim on his insurance. I would also contact the non-emergency line for the police that you filed your police report with. There is probably evidence of the hit and run that the Claimant and Insurance company may be in the process of destroying.

[tascamtone]

I filed it at the next intersection because by then the fellow cyclist had relayed the license plate info to me. To verify, he stepped out of the car and said “are you alright?” I responded with “please give me a minute.” With that he was back in his car and away. The total time between when he struck me and when he fled was 30 seconds or so. Never got his name or anything, luckily a fellow cyclist gave me his license plate number and helped me true my wheel enough to finish the commute into work.

[jabberwocky]

What does the police report say?

Tracking down the vehicle shouldn’t have been an issue, because the trail crosses Buckthorn right near the end of a cul-de-sac. The only cars really crossing there are the people who live in the ~10 houses at the end of the road.

[dasgeh]

You probably want to take a look at WABA’s handy “what to do when you’re in an accident” guide: http://www.waba.org/resources/crash_faq.php

I’m doing this on the fly, so I didn’t look at it, but I’m pretty sure WABA and any lawyer would tell you to stop posting about it on the internet (aside from asking questions – I hope you can find your witness).

[tascamtone]

I’m collecting the police report tonight to see what his side of the story was. I had no doubt they would find him because of his license plate number as well as what you mentioned about the residential cul-de-sac.

[tascamtone]

I merely trying to spread the word so that if that witness is out there he can help me out. I have no malicious intent and don’t plan on pressing charges of any kind. I merely want it to be known that I was certainly not at fault.

[rcannon100]

What to do if you have had a Bicycle Accident
http://bikearlingtonforum.com/showthread.php?3281-What-to-do-if-you-have-had-a-Bicycle-Accident

[Arlingtonrider]

It’s worth mentioning again – one of the most helpful things fellow cyclists can do on the scene when they see someone has had an accident is to collect the names and contact info of potential witnesses. Taking just a moment to do this can be an enormous help to someone.

[Author]

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