bicycle hit my car!

mystik

Active member
 i'm from the bay (california)
long story short.. a guy on a bicylce slammed into my car as i was making a right turn. luckily he escaped with only a few scratches on his elbow and his bicycle was ok. but now.. my windshield is badly crack and there are dents and scratches on my fender. freakin' UGLY! :thumbsdown: but anywaise... long story short.. i placed a claim with my insurance.. my car is fully covered.. the question is... would i have to pay anything considering that HE hit ME instead of me hitting him?? an agent said that i might not even have to pay anything.. but.. i would prefer some real-world experience.
 
I have a friend of mine who many years ago was riding his bike and passed a bunch of cars on the right that were waiting for the traffic light to change. He hit a rear view mirror and broke it off. To make a long story short he refused to pay for the damage thinking that the auto owner's insurance should pay. However, the auto owner filed an action in smalls claims court and in the end about 2 years later my friend had to pay not only to have the mirror fixed but court cost as well which I viewed as a fair result.... :) (This Was In Pennsylvania)
 
Glad the cyclist is OK and it's only car damage. Upsetting it may be but better than an injured person.

The answer to that question depends upon 2 things:

1) if the cysclist was insured and your insurance company plans on claiming off him. Highly inliley therefore rule that out.

2) If you have any excess on your policy - An amount that you have to pay before the insurance cuts in. If you have no excess then you have nothing to pay.

Remember unless you have protesdted no claims bonus then your premium may rise next year as you discount will decrease.

Note - this is my UK experience but believe the same basics will apply to the US.
 
In the US it (excess) is called a deductible and everyone has one. I know here in Iowa City bicyclist have the right of way.... I have heard of several accidents and each time the person on the bike didn't have to pay anything. This is a pretty liberal town though.
 
Get the cyclist to pay !.......they are a pain in the arse, i once saw a cyclist hit a parked car, get up and ride off leaving the owner a car covered in dents and scratches all down one side !.....
 
My experience is that; what amount you pay depends on your particular insurance coverage. As far as other costs, that depends on, if lawyers get involved. :evil: Then it can get expensive. :(
 
As an elite cyclist, I'm on my bike far more than a car and have been in several car related incidents. With that said, let me state there's nothing I hate more than a stupid cyclist. 90% of them don't obey the laws of the road and they make it very difficult for thos of us who do know and obey the laws.

In addition, most of the car/bicycle related accidents are the cyclist fault...at least according to the police I've spoken with. During one accident, in which my $10,000 bicycle was damaged, the cop questioned if I really wanted to file a report as it would be likely I would be at fault and get the ticket, not the motorist. (Remember bicycles are considered vehicles on the road.) Fortunately, I know my right and proceeded. The cop said it was his first case where the motorist was at fault and not the cyclist.

But this is a legal thing...if the police weren't called, then insurance companies deal with things. They're always going to side with the cyclist I would thing as there is greater chance of injury to the cyclist. So if they can avoid getting the cyclist involved (and potential counter claims with personal injury) they'll do it.

So even though they cyclist was OK, I'm sure he 's hurting after breaking your windshield. If he wanted to be an ass, could probably sue for damages and injury. Since the authorities weren't involved, this would come down to a motorist vs. a cyclist. The cyclist will likely win.

I'd be curious to hear the circumstances. Where you completely stopped when he hit you? Was he on the sidewalk coming from your left or right? (it's illegal in some place to ride a bike on the sidewald going against the flow of traffic.) Was it at a light or stop sign, did you enter into a crosswalk or bike path? There are TONS of circumstantial things to consider!\\

Lastly...give cyclist room!!! AT LEAST 5 feet as the draft from your car going by will move a cyclist. And this is my favorite....in almost every case, cyclists are legally allowed to ride 2 abreast!!! :D
 
azroadie said:
As an elite cyclist, I'm on my bike far more than a car and have been in several car related incidents. With that said, let me state there's nothing I hate more than a stupid cyclist. 90% of them don't obey the laws of the road and they make it very difficult for thos of us who do know and obey the laws.

In addition, most of the car/bicycle related accidents are the cyclist fault...at least according to the police I've spoken with. During one accident, in which my $10,000 bicycle was damaged, the cop questioned if I really wanted to file a report as it would be likely I would be at fault and get the ticket, not the motorist. (Remember bicycles are considered vehicles on the road.) Fortunately, I know my right and proceeded. The cop said it was his first case where the motorist was at fault and not the cyclist.

But this is a legal thing...if the police weren't called, then insurance companies deal with things. They're always going to side with the cyclist I would thing as there is greater chance of injury to the cyclist. So if they can avoid getting the cyclist involved (and potential counter claims with personal injury) they'll do it.

So even though they cyclist was OK, I'm sure he 's hurting after breaking your windshield. If he wanted to be an ass, could probably sue for damages and injury. Since the authorities weren't involved, this would come down to a motorist vs. a cyclist. The cyclist will likely win.

I'd be curious to hear the circumstances. Where you completely stopped when he hit you? Was he on the sidewalk coming from your left or right? (it's illegal in some place to ride a bike on the sidewald going against the flow of traffic.) Was it at a light or stop sign, did you enter into a crosswalk or bike path? There are TONS of circumstantial things to consider!\\

Lastly...give cyclist room!!! AT LEAST 5 feet as the draft from your car going by will move a cyclist. And this is my favorite....in almost every case, cyclists are legally allowed to ride 2 abreast!!! :D
Get on the sidewalk :fuelfire:
 
Caddyshk said:
azroadie said:
As an elite cyclist, I'm on my bike far more than a car and have been in several car related incidents. With that said, let me state there's nothing I hate more than a stupid cyclist. 90% of them don't obey the laws of the road and they make it very difficult for thos of us who do know and obey the laws.

In addition, most of the car/bicycle related accidents are the cyclist fault...at least according to the police I've spoken with. During one accident, in which my $10,000 bicycle was damaged, the cop questioned if I really wanted to file a report as it would be likely I would be at fault and get the ticket, not the motorist. (Remember bicycles are considered vehicles on the road.) Fortunately, I know my right and proceeded. The cop said it was his first case where the motorist was at fault and not the cyclist.

But this is a legal thing...if the police weren't called, then insurance companies deal with things. They're always going to side with the cyclist I would thing as there is greater chance of injury to the cyclist. So if they can avoid getting the cyclist involved (and potential counter claims with personal injury) they'll do it.

So even though they cyclist was OK, I'm sure he 's hurting after breaking your windshield. If he wanted to be an ass, could probably sue for damages and injury. Since the authorities weren't involved, this would come down to a motorist vs. a cyclist. The cyclist will likely win.

I'd be curious to hear the circumstances. Where you completely stopped when he hit you? Was he on the sidewalk coming from your left or right? (it's illegal in some place to ride a bike on the sidewald going against the flow of traffic.) Was it at a light or stop sign, did you enter into a crosswalk or bike path? There are TONS of circumstantial things to consider!\\

Lastly...give cyclist room!!! AT LEAST 5 feet as the draft from your car going by will move a cyclist. And this is my favorite....in almost every case, cyclists are legally allowed to ride 2 abreast!!! :D
Get on the sidewalk :fuelfire:

Shame on you for your ignorant comment :thumbsdown:

I can average 40-45km/hour on a flat road and can hit speeds of near 100km/hour on a downhill. I can pass any sportscar on a windy downhill section of road. It is UNSAFE for a cyclst to ride on the sidewalk and even more unsafe for the people on the sidewalk. The contact patch on my tire is a mere 1cm^2. Hiiting a crack on the sidewalk at speed is equavalent to you running your Z straight on to a curb at 60km/hr. Don't think I'd see you doing that.

Besides, your opinion is meaningless becasee it's the law. Cyclist are legally entitled to use the streets just as much as a motorist. If you can't drive your car well enough to share the road or aren't intelligent enough to figure out how to share it safely, then you're part of the problem and don't deserve to be out driving!
 
azroadie said:
Caddyshk said:
azroadie said:
As an elite cyclist, I'm on my bike far more than a car and have been in several car related incidents. With that said, let me state there's nothing I hate more than a stupid cyclist. 90% of them don't obey the laws of the road and they make it very difficult for thos of us who do know and obey the laws.

In addition, most of the car/bicycle related accidents are the cyclist fault...at least according to the police I've spoken with. During one accident, in which my $10,000 bicycle was damaged, the cop questioned if I really wanted to file a report as it would be likely I would be at fault and get the ticket, not the motorist. (Remember bicycles are considered vehicles on the road.) Fortunately, I know my right and proceeded. The cop said it was his first case where the motorist was at fault and not the cyclist.

But this is a legal thing...if the police weren't called, then insurance companies deal with things. They're always going to side with the cyclist I would thing as there is greater chance of injury to the cyclist. So if they can avoid getting the cyclist involved (and potential counter claims with personal injury) they'll do it.

So even though they cyclist was OK, I'm sure he 's hurting after breaking your windshield. If he wanted to be an ass, could probably sue for damages and injury. Since the authorities weren't involved, this would come down to a motorist vs. a cyclist. The cyclist will likely win.

I'd be curious to hear the circumstances. Where you completely stopped when he hit you? Was he on the sidewalk coming from your left or right? (it's illegal in some place to ride a bike on the sidewald going against the flow of traffic.) Was it at a light or stop sign, did you enter into a crosswalk or bike path? There are TONS of circumstantial things to consider!\\

Lastly...give cyclist room!!! AT LEAST 5 feet as the draft from your car going by will move a cyclist. And this is my favorite....in almost every case, cyclists are legally allowed to ride 2 abreast!!! :D
Get on the sidewalk :fuelfire:

Shame on you for your ignorant comment :thumbsdown:

I can average 40-45km/hour on a flat road and can hit speeds of near 100km/hour on a downhill. I can pass any sportscar on a windy downhill section of road. It is UNSAFE for a cyclst to ride on the sidewalk and even more unsafe for the people on the sidewalk. The contact patch on my tire is a mere 1cm^2. Hiiting a crack on the sidewalk at speed is equavalent to you running your Z straight on to a curb at 60km/hr. Don't think I'd see you doing that.

Besides, your opinion is meaningless becasee it's the law. Cyclist are legally entitled to use the streets just as much as a motorist. If you can't drive your car well enough to share the road or aren't intelligent enough to figure out how to share it safely, then you're part of the problem and don't deserve to be out driving!
Cyclists with intellect have figured out that stupid people like me; those with limited driving skills, fast cars and deteriorating vision = them being in the hospital arguing about one's rights under the law... Lighten Up - My comment was in Jest.
 
Caddyshk said:
Cyclists with intellect have figured out that stupid people like me; those with limited driving skills, fast cars and deteriorating vision = them being in the hospital arguing about one's rights under the law... Lighten Up - My comment was in Jest.

Come on Caddyshk! You gotta warn me when your kidding! Where's the :wink: ! So my my apologies.

I'm just on the road every day and fear for my life as some people intentionally try to run me off the road. And if you've bee around bikes as long as I have, you've undoubtedly known someone who was killed by a motorist. I've known several...so it's a bit of a sore spot. But no hard feelings! :D \

As long as motorist realize that cyclists are fragile and hitting one, regardless of who is right, ends badly for the cyclist. Besides slowing down to pass that cyclist just gives you an excuse to floor it after..right!! So it's really just another excuse to use all that HP! Cheers!
 
azroadie said:
Caddyshk said:
Cyclists with intellect have figured out that stupid people like me; those with limited driving skills, fast cars and deteriorating vision = them being in the hospital arguing about one's rights under the law... Lighten Up - My comment was in Jest.

Come on Caddyshk! You gotta warn me when your kidding! Where's the :wink: ! So my my apologies.

I'm just on the road every day and fear for my life as some people intentionally try to run me off the road. And if you've bee around bikes as long as I have, you've undoubtedly known someone who was killed by a motorist. I've known several...so it's a bit of a sore spot. But no hard feelings! :D \

As long as motorist realize that cyclists are fragile and hitting one, regardless of who is right, ends badly for the cyclist. Besides slowing down to pass that cyclist just gives you an excuse to floor it after..right!! So it's really just another excuse to use all that HP! Cheers!
You need to pay more attention to the off-beat humour on this forum :rofl:

In all seriousness;

Canada's most celebrated Cyclist ever is still going strong after a mishpap with a dump truck...

http://www.thestar.com/article/239084

Three years ago, one of my employees (and fellow cyclist), spent a month in Hospital by a hit and run (gardening/landscaping trailer - wider than the vehicle) - guy left him in the ditch for dead and was never found.

I stick to the trails now - I have no trust that someone yacking on a cell phone eating a Big Mac will see me.
 
I have an custom made Albert Eisentraut that I rarely ride anymore. I spent 15 year of my life as an active member of the cyclist community. My wife worked for Bicycling Magazine and we were even on the cover once. In the winter of 1982 my daughter was born and that summer 2 of my friend were killed in car involved accidents. That was it for me.... :(
 
azroadie said:
I'd be curious to hear the circumstances. Where you completely stopped when he hit you? Was he on the sidewalk coming from your left or right? (it's illegal in some place to ride a bike on the sidewald going against the flow of traffic.) Was it at a light or stop sign, did you enter into a crosswalk or bike path? There are TONS of circumstantial things to consider.

i was in motion when as i was about to make a right turn on a red light. i stopped at the white limit line, looked around, went ahead with caution and then he slammed into my right side. he was on the sidewalk and from my point of view when i was at the limit line, there was a blind spot.. so even if i wanted to stop and look down the sidewalk, i would have not been able to see anything.

http://www.mediamax.com/mystikal43/Hosted/images/z4 limit line POV.jpg that's my point of view from the limit line where i was stopped
http://www.mediamax.com/mystikal43/Hosted/images/bicycle POV.jpg bicycle's point of view
 
mystik said:
azroadie said:
I'd be curious to hear the circumstances. Where you completely stopped when he hit you? Was he on the sidewalk coming from your left or right? (it's illegal in some place to ride a bike on the sidewald going against the flow of traffic.) Was it at a light or stop sign, did you enter into a crosswalk or bike path? There are TONS of circumstantial things to consider.

i was in motion when as i was about to make a right turn on a red light. i stopped at the white limit line, looked around, went ahead with caution and then he slammed into my right side. he was on the sidewalk and from my point of view when i was at the limit line, there was a blind spot.. so even if i wanted to stop and look down the sidewalk, i would have not been able to see anything.

http://www.mediamax.com/mystikal43/Hosted/images/z4 limit line POV.jpg that's my point of view from the limit line where i was stopped
http://www.mediamax.com/mystikal43/Hosted/images/bicycle POV.jpg bicycle's point of view

This is one of those tough situation where no one would win. First, the cop would likely tell you that the light was red, you're responsible for "proceeding with caution." So at that point, it would be your fault.

However, from your pics, it appears the cyclist wasn't travelling with the flow of traffic. At least here in AZ, cyclist on the sidewalk must be travelling in the dirction of traffic. Otherwise, they're supposed to cross the street and use the other sidewalk. So from that perspective, the cyclist would be at fault!

So it's my guess, that if a cop came, you'd both get tickets :cry: Any officers out there to verify this??
 
my insurance company cannot get ahold of the cyclist. no papers, i guess?? whatever*

as for the ticket i got.. "failure to stop at a traffic control device".. a bunch of florida cops keep telling me to take it to court due to a really liberal judge that sits on the traffic court. so.. my chances of getting that ticket thrown out are likely high. i just shouldn't count all my apples just yet! wouldn't wanna jinx myself just yet. (i pleaded not guilty)

as far as insurance goes.. the auto shop that did the estimate on the damages actually added the cost of a new rim due to a tiny little scratch that was on it. 277 dollars. i got lucky. i can take the insurance check.. go to another shop.. and forego the rim.

long story short..... this experience sucked.. but i'm glad he lived. everything could have gone for the worst. I GOT LUCKY. and so did he*
 
azroadie said:
Shame on you for your ignorant comment :thumbsdown:

I can average 40-45km/hour on a flat road and can hit speeds of near 100km/hour on a downhill. I can pass any sportscar on a windy downhill section of road. It is UNSAFE for a cyclst to ride on the sidewalk and even more unsafe for the people on the sidewalk. The contact patch on my tire is a mere 1cm^2. Hiiting a crack on the sidewalk at speed is equavalent to you running your Z straight on to a curb at 60km/hr. Don't think I'd see you doing that.

Besides, your opinion is meaningless becasee it's the law. Cyclist are legally entitled to use the streets just as much as a motorist. If you can't drive your car well enough to share the road or aren't intelligent enough to figure out how to share it safely, then you're part of the problem and don't deserve to be out driving!

Okay, I ride a lot too and hitting a crack in the road is nowhere near hitting a curb at even 20 mph in the Z. The only crack I have seen that did that much damage was on RAGBRAI (http://www.ragbrai.org) and it was the crack inbetween the lanes on the highway where the tire got lodged, flipped the bike, rider was definitely going 30-40 mph and was not able to click out. Long story short, life flighted to the hospital where he dies of head trauma.

Back on topic... road bikes do need to use the public roadways as riding on a sidewalk is bonejarring and unsafe for pedestrians. I agree with everything else azroadie said :thumbsup:
 
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