View Full Version : Collision Checklist?
gt eunuch
09-23-2016, 03:30 PM
So... commute in this morning yielded a solid collision with a car. Waiting to see the police report before really talk about the details of this incident.
Does anyone have a rough 'checklist' of things I need to do when something like this happens? So far....
-I called the police, driver stayed and filled out police report. I have to wait 3-4 days before I can pick this report up.
-Went to the hospital to check out my shoulder that was injured in the collision (xray returned no fractures)
-Contacted my personal car/homeowner insurance (same company, they want the police report but seems like I am going to be doing the footwork with the drivers insurance company)
Bike will be taken to a shop tomorrow afternoon for a check, front wheel seems... offcenter, but trueish.
Is there anything I need to do to cover my bases?
jtakeda
09-23-2016, 03:35 PM
Take pics of all the damage to the bike
Take pics of your bruises or injuries to your body
oldpotatoe
09-23-2016, 04:02 PM
Call a lawyer. Let him do the legwork with the driver's insurance company.
AngryScientist
09-23-2016, 04:28 PM
-Went to the hospital to check out my shoulder that was injured in the collision (xray returned no fractures)
i dont know the extent of what the hospital did, but if your shoulder hurts, just because there is no fracture certainly doenst mean that there is no damage, muscle tears, overextension, whatever. you might want to follow up with a specialist to make sure nothing bad is going on.
John H.
09-23-2016, 04:38 PM
Do not make a statement or allow divers insurance to record a conversation with you.
Only respond in writing.
Keep records of everything. Time spent on everything.
Ask for everything damaged to be replaced. Even clothing, shoes, glasses. For sure anything carbon. Do not ride anything that "might" be ok.
With a steel frame- check out the underside of the tubes especially near headtube. Sometimes the damage is so subtle that yo can feel a dimple but it doesn't really show.
If you accept property $ before injuries, make sure the check says property. Not final payment.
Don't accept final payment until you are healed or satisfied- or both.
Keep in mind that the insured insurance company is about damage control- not caring for your interests.
Peter P.
09-23-2016, 04:43 PM
Get a copy of Bob Mionske's book, Bicycling and the Law. Written by a lawyer and former national road champion, it has in detail all you need to know.
For the Cliff's Notes version:
You've already done the first 2 steps, but the book gives you more detail.
Step 3. Preserve your evidence. That includes don't repair or disassemble the bike, and include damaged clothing, helmet, and anything else in the pile of stuff.
Step 4. Get professional advice. Ask at your local shops who are the local, cycling-centric lawyers; some are cyclists and customers too. Initial consultations are usually free. The book has much more detail on what to look for here.
The next chapter in the book covers insurance issues so you should read up on how your injuries can be paid for and who pays for them.
Seriously; get a copy.
miguel
09-23-2016, 05:14 PM
Hi, I've been in a few collisions bike v car and i have some opinions.
I've been to the hospital a few times and my last collision gave me a broken elbow and 2 surgeries a year apart. From the best shape I'd ever been in to 30lbs over race weight in 5 months, back to the best shape and PBP finish to 25lbs over race weight in another 5 months. It really was a terrible 18 months.
Call a lawyer. Let him do the legwork with the driver's insurance company.
this really is #1. however, lots of lawyers DONT do a lot of legwork so you should really do some of it yourself. However, if you don't have a lawyer at the time you collide, then you probably don't know what to do.
Before you get hit (and it will happen eventually if you spend a lot of time on the bike) make sure you have underinsured/uninsured driver and personal injury protection insurance the 100s-500s-1mil coverage. I'm not joking. It will cost you an extra $50 a year but it will help you if you get seriously injured. Those phone calls and pink/yellow bills in the mail are really stressful.
ok, you are on the ground. car is stopped.
1. rest. count to 10. relax.
people are now running up to you, the driver is shouting at you
2. take account of yourself. are you hurt? are you bleeding? do your parts work? if you are hurt have someone else call 911.
3. get your cellphone out, start taking photos. Car - driver - people - everything you see. call your domestic partner or best friend or someone that loves you, have them come pick you up.
4. find a witness or two, get their name, number, ask them to stay. DO NOT TALK ABOUT ANYTHING THIS IS ONLY ABOUT YOU GETTING INFORMATION.
5. Your phone is out - get the driver's photo, a photo of license / insurance. Does the driver seem ok? Is the driver drunk or on drugs? call the cops.
6. You now should have all the insurance information and everything. if you are injured get on the amberlamps and go to the ER. tell your partner to bring you a book or something.
if you are fine-ish, get in your partners car and call your primary care physician/chiro/etc and schedule an appointment for health appraisal. You're going to go to the doctor tomorrow so get out of work somehow. Call your LBS, you know, the one where you but all your everything and bring the dudes beers or burritos because you do that as often as you hang out there, right? you should. Well, they're going to do a damage appraisal on the bike and you are going to give that to your lawyer and they're going to give it to the driver's insurance.
7. process the pip claim, do the rehab/etc.
Do not make a statement or allow divers insurance to record a conversation with you.
Only respond in writing.
Keep records of everything. Time spent on everything.
Ask for everything damaged to be replaced. Even clothing, shoes, glasses. For sure anything carbon. Do not ride anything that "might" be ok.
With a steel frame- check out the underside of the tubes especially near headtube. Sometimes the damage is so subtle that yo can feel a dimple but it doesn't really show.
If you accept property $ before injuries, make sure the check says property. Not final payment.
Don't accept final payment until you are healed or satisfied- or both.
Keep in mind that the insured insurance company is about damage control- not caring for your interests.
You only have a limited time to make a claim. In oregon I think it's 2 years, check your local jurisdiction. Opposing insurance will usually hand out the property check pretty quick. Consider a bike wreck vs a new bmw wreck, bikes are pennies on the dollar compared to a new racecar.
Get a copy of Bob Mionske's book, Bicycling and the Law. Written by a lawyer and former national road champion, it has in detail all you need to know.
For the Cliff's Notes version:
You've already done the first 2 steps, but the book gives you more detail.
Step 3. Preserve your evidence. That includes don't repair or disassemble the bike, and include damaged clothing, helmet, and anything else in the pile of stuff.
Step 4. Get professional advice. Ask at your local shops who are the local, cycling-centric lawyers; some are cyclists and customers too. Initial consultations are usually free. The book has much more detail on what to look for here.
The next chapter in the book covers insurance issues so you should read up on how your injuries can be paid for and who pays for them.
I missed out on the cascade 1200 in 2014 and the rest of my season was shot, that went into my settlement - missing big events due to unforseen circumstances can play a part, especially if you have paid for entries/tickets/etc. There are a lot of finer points to this that you don't need to worry about - that is the lawyer's job.
sticky this ****er because im tired of getting hit by cars and im tired of seeing people get ****ed because they dont know what to do.
sincerely
ripvanrando
09-23-2016, 05:23 PM
I understand in my state that if you have selected TORT threshold on your auto insurance, you have essentially waived your right to sue for pain and suffering even if hit while riding your bike. An attorney told me this but I never verified because I pay the extra premium to retain my right to recover all damages should I be injured.
This is scary. I try so hard to be safe. I know it is going to happen. I was nearly T-boned yesterday by an F350 running a stop sign.
Plum Hill
09-23-2016, 06:37 PM
I would suggest going to the scene and taking a number of photos to show how clear or obstructed you may have been.
I took mine at the same time of day as the accident and was lucky enough to have the same weather conditions.
I also got a copy of the local weather. My attorney was impressed.
rePhil
09-23-2016, 06:46 PM
Old Potatoe nailed it with solid, simple advice. Find the right lawyer. And Lawyer up. My insurance carrier was calling as I lay in Intensive care.
miguel filled in the blanks. Spoken from experience.
Satisfactory settlement often comes down to the amount of coverage the person who crashed you has and if you have Under /Uninsured motorist coverage ?
regularguy412
09-23-2016, 08:22 PM
Call a lawyer. Let him do the legwork with the driver's insurance company.
+1000 on this^^
And..... don't sign ANYTHING from ANY insurance company.
(Don't ask me how I know this).
Mike in AR:beer:
miguel
09-24-2016, 10:03 AM
Satisfactory settlement often comes down to the amount of coverage the person who crashed you has and if you have Under /Uninsured motorist coverage ?
Here's how i understand it - if you get hit by under/uninsured driver there is no recourse for you. You can sue but try squeezing water from a rock.
With more PIP coverage you can have medical services longer. I had a plate put in my arm and that was almost the full amount of my coverage - I also went to chirp and had to do phys therapy on the arm when it was better, then another surgery to get the plate out. "They" really don't like it if you are hurt for a long period (>2 months) of time.
Of course, this is only if you need the service. Needless to say I bumped everything up an extra 300k.
rePhil
09-24-2016, 10:25 AM
I'm definitely not a lawyer, so I found one with bicycle experience. I asked what happens to people who get hit by a under /uninsured driver, or hit and run driver. When they do not have good health insurance. The answer was that often times people have to file bankruptcy.
Once he was found to be 100% at fault, the insurance company of the guy who crashed me was quick to pay the drivers limit of 10k. It was a drop in the bucket compared to the medical bills.
My advice is to check your policy for Un /Underinsured Motorist. If you own more than one car you can get it stacked.It wouldn't take much these days to reach the limits of that.
During my downtime (6 weeks in a cervical collar), I learned a lot here:
http://www.idonotwanttobeyourlawyer.com
Here's how i understand it - if you get hit by under/uninsured driver there is no recourse for you. You can sue but try squeezing water from a rock.
With more PIP coverage you can have medical services longer. I had a plate put in my arm and that was almost the full amount of my coverage - I also went to chirp and had to do phys therapy on the arm when it was better, then another surgery to get the plate out. "They" really don't like it if you are hurt for a long period (>2 months) of time.
Of course, this is only if you need the service. Needless to say I bumped everything up an extra 300k.
brenick
09-24-2016, 10:38 AM
If you and the other party have the same insurance company, you shouldn't have to do much has been my experience.
cinema
09-24-2016, 10:54 AM
Miguel great post. thanks! bookmarking yet another one of these threads. Op hope you are feeling okay. Like every one here says, you often will not feel pain until after the accident, sometimes a week after. Happened to me.
rePhil
09-24-2016, 11:16 AM
It was not my experience. They were quick to pay the drivers limit, but were careful with their money when it came to the underinsured part.
If you and the other party have the same insurance company, you shouldn't have to do much has been my experience.
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