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I called their insurance co.
As a paralegal let me remind everyone that whatever the victim posts on this Site is part of the public record so maybe best to keep all future communications private. Even emails can be included in a subpoena. Just fyi.
I was hit in 2010. Listen to Bill's advice. Definitely get yourself checked thoroughly. Two things put me in the hospital overnight for observation, a concussion and some cracked ribs. Meanwhile, I had a bruise on my right just above the wasteline that was not as alarming or painful while I was in the hospital. After the concussion and ribs healed, it was the minor-seeming bruised area that lingered and caused me trouble for many months; the bruised nerves lead to compensations by other muscles that created new sorenesses in nearby areas. I was glad at the time of the accident that I didn't take anything for granted and did what I could to get compensated for everything that wouldn't have been there if the accident hadn't happened. If you have any ever-so-slight injuries, get them checked and get it documented and verified right off the bat. If you end up needing treatments months later (accupuncture, etc.) to relieve sorenesses and restore you to function and mobility and strength, you need to be able to trace those needs for treatment back to the original accident.
If you miss any time at work because of this or because of a doctor visit, get compensated for that.
About the bike, have it inspected at a good shop; do not assume the frame is in the same shape that it was before the accident. I know one shop expert who says in cases like this that he declares the bike totalled. He doesn't want there to be any risk that someone down the line will experience a frame failure and make him liable. For the insurance company to reimburse, they require an official inspection from a bike shop. If or when the bike shop declares the frame and wheels a total loss, and the insurance company approves a replacement, I believe the insurance company then takes the old frame and wheels so that no one will ever ride them.
Based on this, even though my Quickbeam frame looked ok, I fully expected it to be taken by the insurance company and that I would just get a new one. (Riv still had some in stock at the time.) I thought it was a bummer that a probably-ok steel frame would be killed off like this, but I also wanted to follow the procedure that would get me compensated - the way I looked at it was that the accident wasn't my fault, and it lead to conditions that needed remedy. If that remedy and compensation was possbile, I wasn't going to ask for some of it; I was going to get every loss compensated - no more, no less.
It's a good thing that that was my attitude, because I quickly learned I was getting screwed (unfavorable police report written by a bike-hating cop while I was unconscious and couldn't tell my side) and ended up needing a lawyer. In the end, I was able to get most, but not all, of the compensation for my losses. I'm glad that I did everything I could and was able to move on, putting it behind me. I was glad that right off the bat I had advice from people, some on this list, wisely telling me to take nothing for granted and to be fully aware of what the compensation should be. If I hadn't been aware and willing to fight for it, I would have been cheated a lot, because my accident was the driver's fault but there are forces in the system that screw the cyclist.
It's interesting to me that the way mine settled, I got generally compensated, but they never did ask for a specific inspection of the bike. So the QB frame is still in my possession, and a year and half later, I had it aligned and spread in the rear for a 135 mm Shimano Alfine hub.
I can't with certainty advise you on how the bike or bike part replacement will play out, because mine never got to the bike shop inspection stage. But I do wonder if the shop declaring the whole bike a loss is SOP. If so, I wonder if you would end up with a new Hillborne frame (nearest equivalent replacement, right?)
One other thing, somebody on this list gave some very good advice that I'll pass along: be careful about discussing specifics of your accident or case online. You never know what someone could try to use against you, and the list archives are available for anyone to read.
Anyway, good luck. It is not wrong to be aggressive in receiving compensation for your losses. In my case, I had to fight for it, and just because I fought for it, it doesn't mean I was working the system or anything like that.
-Jim W.
-----Original Message-----
From: Bill Gibson
Sent: Oct 13, 2012 7:40 AM
To: rbw-owne...@googlegroups.com
Subject: Re: [RBW] Broadsided on Bleriot today. I am doing better than bike.
Years ago it happened to me.Sometimes damage doesn't show up right away, to yourself or the bike.
Visit a doctor asap, and document your injury. It may take a day or two to feel all the pains.Have the bike seen by a highly reputable bike shop, and have the alignment of the frame checked along with a complete list of damages. I rode a bent bike for awhile, until I realized it was cornering funny. Cold setting fixed it.Don't trust, verify.
On Sat, Oct 13, 2012 at 7:19 AM, Ron Mc <bulld...@gmail.com> wrote:
I would ask her insurance company for a new frame.
Major bummer indeed! Hope you're doing ok. Steel is easier to fix than bones and tendons!
Good news is that her insurance should definitely cover it (presuming she's at fault). My buddy has had several bikes purchased for him from insurance companies. He seems to be a car magnet.
On Fri, Oct 12, 2012 at 8:21 PM, lungimsam <john1...@gmail.com> wrote:
Rear Bleriot wheel is wobbly all around. Outer chainring scratched. Don't know what else got damaged. Too dark outside to get a good look. I will take it to the shop and see what the damage is gonna be.Major Bummer as I just got this bike a couple months ago. I am sure it is gonna take a while for a new wheel to come in if needed (650b).Anyone know if driver's insurance will cover this? I am going to call her insurance company tomorrow.
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Cheers,
David
Redlands, CA
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"Censorship is telling a man he can't have a steak just because a baby can't chew it." -Mark Twain
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Bill Gibson
Tempe, Arizona, USA
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