Cosmic Hawk

What a great day so far. I made it 1 mile from my house on the way to work and had a car turn suddenly in front of me without using a signal. Ditched the bike, it hit a tree. I hit my head on the pavement as well as shoulder and hip. I was wearing a helmet and it is totaled so put a check in the box for "wear a helmet" from me. My bike wasn't visibly totaled, but it is a BMC Carbon frame and the bike shop said just get a new one instead of taking chances. It has some nasty gashes for sure. I was going 23 mph when he cut me off.

If thankful for that helmet or I think I would have been screwed. Here's to hoping his insurance covers a TMR01. Haha. They are going to faint when they hear the estimate for a frame replacement if that's what it comes to. I'll post some pictures when I get home.

TenSpeedV2

Glad to see that you are around to post this. Sucks about the bike but that can be replaced. You can't. Hope that you are alright.

Cosmic Hawk

Thanks man. Here's just a couple of shots of my helmet and such.

You can see that I would much rather have these gashes on the helmet rather than my head. I did a full front flip my noggin.



Police Officer Having a look. He even took the fork specific serial number since it had the most visual damage.




and the bike at the LBS awaiting an insurance adjuster to take a look and listen to the bike shop's input.





I live in Japan, so I don't know how it works elsewhere, but the insurance company already called me and implored that I am at least 5% responsible for the crash just for the mere fact that I was there. The logic is that if I wasn't there, I would have never been involved. It's stupid, but if they are starting at 5% on me, then I am not going to argue, because they could have played hardball. They know their client was in the wrong and I think they are hoping I just don't decide to go to the hospital and say my head hurts and I'm feeling dizzy.

chefisaac

Two things:

1) Go high on your estimate to get a new frame. This will cure the 5% "your fault" cost. Such BS.

2) Careful with what you post on a public forum. Insurance companies can be ruthless.

Just for bonus

3) Save all medical bills.

Jim from Boston

Thanks for your story. As distressing as it is, others can learn from it.

I didn't read specifically in your report that the driver did stop (other than mention of "his" insurance"). Nonetheless, I won't ask more, in keeping with @chefissac's wise counsel, also as advocated on a sticky on the Advocacy & Safety Forum, “****If You've Been Hit By A Motor Vehicle: ALL MEMBERS READ****”

bmthom.gis

I would go to he hospital and get checked out. It's one of those things that can manifest itself later. Glad you are alive and not in teh ER

Cosmic Hawk

Thanks for the pointer. If the insurance company in Hiyagon, Okinawa is watching these forums, then they got me I guess. I was physically injured and with the way the laws are in Japan, the last thing they want is for me to go to the hospital, which I reasonably could have and still can. A few years ago, my buddy was determined to be 50% at fault in a crash and because the other guy was hospitalized, whatever the reason, my friend was liable for paying his missed work wages, a rental car for some exorbitant amount of time, and a 'gomen' check. I can't remember the dollar figure, but he had to get a loan for it.

The driver did stop and he was even the one to call the police for us. The main take away I have is that if the bike shop gives me the option, I will replace the Time Machine with an equal value alloy frame, or get some money back and go Di2 on it. BMC doesn't really have many alloy frames though, and I do believe I will have to stick with them for the claim.

My second takeaway is that I need more than one road bike at a time ready to ride. I don't own a car and now I am stuck on a poorly geared MTB for 20 miles a day to get to and from work.

wphamilton

Personally, I wouldn't agree with anything a representative of the insurance company says on the phone. Not 5%, 1%, speeds, conditions, anything. I wouldn't tell them that anything at all is "OK" at this point. They're just trying to get your agreement on something in order to limit their liability.

I know, it's easier said than done when you mainly want to put it all behind you. But in my experience, they always have a reason for those conversations, and it's seldom in your own interest.

GovernorSilver

Should he get a lawyer first?

Informative thread - just trying to learn in case this happens to me too.

pdlamb

There's a good chance the bars have been bent, your crank is wonky, derailer cracked, shifters won't work, etc. Forget the frame, get an estimate for a new bike of the same or similar model.

And seriously, go get checked out at the emergency room. Adrenaline from the incident can mask medical problems.

wphamilton

I wouldn't be qualified to advise on that. Personally I'd not, not unless the insurance company is balking.

snow_echo_NY

Sorry this happened but glad you're OK OP!

Giant Doofus

Wow. Glad you are okay. I'm glad to know that the driver stopped and called the police.

ptempel

I echo the others in saying that I'm glad that you didn't get seriously hurt. 23 mph is not slow so crashes can be a bit more brutal at higher speeds. I always try to stay behind the car approaching an intersection. Too many cars in my commute don't use the turn signal for anything (turning, parallel parking, U-turn, lane change, etc). Hope your bike is replaced soon.

scroca

It's not stupid, it is slimy. No way I would agree to it.

billyymc

That's unassailable.

ItsJustMe

There's not a chance in hell that I would agree that I was even 0.00000005% at fault. It sounds to me like they are trying to get the narrow end of a wedge in, trying to create doubt. If you agree to 5%, might it actually be 10? if 10, maybe 20? Do you agree you did something wrong then? Are you admitting by saying that it's 5% your fault for being there that bicycles should not be on the street? If you admit that, then aren't you 100% at fault?

As I said, I wouldn't give them a millimeter, because they'll take everything.

kickstart

The OP is in Japan, civil litigation is different and uncommon there, probably not the best source of information for someone living in the US.

GovernorSilver

Ah, I missed the part about being in Okinawa.

Cosmic Hawk

Yeah, when you are in an accident in Japan, it is always both peoples fault. The representative insurance companies will argue on your behalf about how much your fault it is. Basically, for them to call me and say "hey we are 95% at fault" is this most I'm ever going to get. Maybe if I was a little school girl at the bus stop and got mowed down by a drunk driver, then I would be 0%.

The other thing that is very important is that I am a foreigner. Japan is just one of those places where they are not really playing a fair hand of "everyone is equal" especially concerning non-Japanese. Some light reading on Miss Japan is a good start for that subject.

Basically, I'm blessed that the guy stopped, and that the insurance called me and that they moved first to take blame. We'll see if the bow deeply or just shake hands when I meet them today. Really funny here sometimes. Even scarier is that Okinawa is light years ahead of where I used to live in Aomori Prefecture.( I was sued for slipping on ice and hitting an illegally parked car with my head... AND LOST! )

Leisesturm

Normally threads of this type are loaded with details of the accident. This one has almost none. As such it is almost useless to anyone except the o.p. as a vent for his frustration/elation/??? Not that I need details and probably the o.p. should not furnish them here. Maybe already he has posted a damaging amount of information, but no one ever listens to the advice to shut up when these things happen. I am bemused at the implicit observation more than one poster is surprised the driver was not a dirtbag who would pull a hit and run on the o.p. In Japan? I think not. It may come up in deliberations as to why the o.p. was traveling in excess of 20 miles an hour on a road where there was the possibility of encountering cross-traffic. Just a head's up there.

Cosmic Hawk

It was a median divided road, so no possibility of cross traffic. 23 MPH was also under the posted speed limit. Sorry for not providing better details. I am not a gifted story teller. We can let the thread die until I get a resolution and I'll post an update at that time.

trooper2899

If it was here in the US I'd get an attorney (with traffic experience) and sue him (them) get some pain and suffering $$ too not sure how the "Tort" world works in Japan but under the circumstances they'd probably fork over $$ for inconvenience et al.

auldgeunquers

Yes ... but by being THERE, the OP was responsibly being not ELSEWHERE where the OP would have been more comprehensively maimed by another client of the insurance company creating greater liability, no? The OP is actually saving the Insurance company money by being hit where and when he was and by surviving the incident. Send the Insurance company a bill for services. Equal to about 6% of the amount they pay.

Jim from Boston

Run Off The Road Today by Car

Now that my serious accident is settled and well behind me (totalled the classic Bridgestone RB-1 and off work for three months) I can relate that having a lawyer was instrumental in obtaining a reasonable insurance settlement, eventually about two and a half years later.

Of course there was the lawyer’s fee (at least it went a lawyer who was a family friend), and the insurance company recouped a hefty share for reimbursement of some medical expenses. Our lawyer explained to me through some peculiarity of the Mass. Law, if I had tripped on the sidewalk, rather than hit by a liable driver, the insurance company would not have had a claim.