[RayDC]

Just a quick update for those interested: The driver’s insurance company has been in touch with me and they’ve accepted total liability. What I though was going to be quite a hassle now seems like it will be a fairly easy process. They will reimburse me for a new bike, helmet, lost wages, all medical, clothes that were ruined and pain and suffering. Hopefully there’s nothing else I’m forgetting.

So now I just have to wait for the medical bills to come in so I can fax them, as well as upload photos of my bike and injuries.

I need to update WABA with information on the accident. I filled out the online accident report form Thursday evening, but I didn’t have the information they asked for.

Thanks to everyone on the forum who gave great advice and well wishes.

Ray

[RayDC]

Absolutely, I don’t plan to stop (I just need a new bike), I was meaning that bikers in general seem to get the bad rap when there’s an accident, but I’m living proof that no matter how much you do the right thing, it’s still not always in your control.

[RayDC]

@Tim Kelley 31230 wrote:

Arlington County code requires that bicycle riders age 14 and younger wear helmets.

BikeArlington generally encourages adults to wear helmets, but it isn’t mandatory. The best way to prevent an injury is to not get in a crash in the first place by being a Predictable, Alert and Lawful!

http://www.bikearlington.com/PAL

That is correct.. I was predictable, alert and lawful as I always have been on my daily commute, but still got struck by a car who’s driver “didn’t see me” as I went straight through a green light as he turned left in to me. With helmet light on, light clothes and reflective items. I wish I could say that not getting in a crash is the best way to prevent injury, but sometime’s it’s not in the biker’s hands…

[RayDC]

Thanks KLizotte,

Your advice is great and mostly done on my end. Of course the all important getting the guy’s insurance really the only thing I have left to do, but will be taken care of tomorrow when I can get the police report. We have pics of the car, tags, etc so if there’s any issue, hopefully those will come in handy. From my understanding with my insurance company, USAA, they will be taking care of the claims with the other insurance company. I guess my only question at this point is should I still retain a personal injury lawyer or does my insurance company act as that? Or is litigation against the driver a total separate thing from the insurance claim? I feel pretty stupid, but I’ve never been in this situation.

On another note, if the Washington Post put an article up yesterday about bikers and cars that I found interesting, but one bullet point really caught my attention:

“●You may never feel more powerful than when your foot’s on the gas pedal, but if you are at fault in a collision with a cyclist — even if you just “brush” against the biker — you might lose your driver’s license for a while and your private auto insurance forever. You could be looking at criminal charges, too.”

I know when I was stationed in Italy from 1994-2001, pedestrian and bike accidents were extreme punishable offenses for the driver and nearly always resulted in automatic loss of driving privileges, pretty much all of Europe was like that. Any Italians or Europeans can correct as necessary as I don’t remember exactly the law, it’s been awhile.

Nearly every family member, co-worker, and friend who is aware of my accident and who saw the picture of the windshield has mentioned the seriousness of the accident, despite my relatively minor injuries. I’m not the kind of person to wish ill-will or make people want to suffer, but the driver shouldn’t get off too easy, I was hit hard by a car that any change of variables could have made things much worse. It’s quite the eye opener and I know if it were me behind the wheel and hit a biker the same way and was at fault, I’d be taken to the cleaners. I don’t know, there are so many things running through my head. So I don’t know, I feel like my accident could help bicycle laws get stronger, hopefully…

[RayDC]

Thanks acl,

Well I don’t think the driver is uninsured, but I don’t have the information in hand yet. It’s supposed to be in the police report though. I have an uninsured rider in my policy though, I’m not sure if it matters though in the case that I was on my bike, not in a car on my policy. Barring that, USAA took all the info and opened a claim and said they would seek the damages from the driver’s insurance, especially that I’ll have a police report that clearly states he was at fault. I’ll definitely keep you posted on the this.

[RayDC]

I learned that today when I opened a claim with my insurance company. They asked which vehicle the accident was with and I had to clarify that it wasn’t a claim with one of the vehicles on my policy. It was slightly humorous, but they took all the info, I uploaded a few pics, and I’ll get the police report to them Monday.

[RayDC]

Sure I may have, but I’d rather not try again sans helmet to find out. Hopefully I never have to find out again either way… had I not had my commuter back pack on, I’d probably be in bad shape now, but it cushioned my fall when I landed on my back. I’m not stating case for or against, but unless you’ve been hit by no fault of your own, it’s difficult to say what helps or what doesn’t. Since I have, I know the only explanations are due to the gear I had on and not the gear I didn’t.

[RayDC]

Thanks again everyone, I do appreciate it. I got to see my bike up close and personal today, it’s totaled as bike’s are concerned. Front shock is snapped on one side and the entire front brake mechanism was separated from the shock fork as well. The left pedal is completely bent inward. My local bike store, BicycleSpace, will be giving me an insurance estimate this week. Just ordered a new helmet, another Uvex (FP3). I suppose I’ll Cabi until I get a new bike.

[RayDC]

Having just survived a direct hit by a car Thursday morning that failed to yield while making a left at an light controlled intersection, I can attest after seeing the windshield of the car, I would not be posting this now had I not had a helmet on. So, I’ll continue to take my chances biking with a helmet. [ATTACH=CONFIG]1711[/ATTACH]

[RayDC]

Thanks G.

I actually haven’t contacted my insurance company yet (USAA), well I did yesterday but it was after hours to speak to someone, but you’ve reminded me, so I’m to call now and hope they have people there on weekends.

Real quick, my other half and I walked to the intersection where the accident happened (only 3 blocks from home) because he remembered there being skid marks… CSI kicked in and he hopes that maybe they can help determine the speed of the car. BUT the interesting part is, I saw the car parked on the street! New windshield of course, but I got to see more body damage to the car, where initial impact occurred and stuff. So the guy must work at the VA building there at 4th and “Eye” St NW! I guess that makes me a bit more nervous knowing that he will be driving 4th St daily to get to work, but I certainly hope he has become much more attentive now.

[RayDC]

I agree, and I am very thankful there were witnesses that vouched for what happened. The driver was actually very calm, apologetic and cooperative, although I’m sure in shock a bit as well. Had he not had the windshield damage he had, who knows if he would have stayed.

[RayDC]

Thank you all for the kind words and info. I did register the crash on the WABA site Thursday evening and called them yesterday, but didn’t get through to anyone. I’ll try them again Monday. The police report should be ready for pickup Monday.

What is running through my mind now is although I’m happy to know he got a citation for failure to yield, when it’s between two cars, typically it’s just body damage to the vehicle… the at fault driver gets the ticket and the insurance companies hash out getting the vehicles fixed. When a biker gets hit by a car, it’s a human body that takes the direct hit. No doubt I was very very lucky, but it is still a traumatic experience that could have ended up very differently with any change of variables. I guess my point (or confusion) is hitting a biker and getting the same citation as hitting another car doesn’t seem to be in the same category…

[Author]

Posts