slowtostart

Just home from the ER and I'm just a little shaken and confused. While riding to work this morning my reaction to a car turning left after I had already entered the intersection forced me to turn away from traffic while applying my breaks. This caused me to fall, banging my head (and other parts) against the pavement. Thankfully I had a "safe" place to react toward. Please forgive me if this is a little confusing.

I jumped up and signaled to the driver telling her to pull over and explained her responsibility to yield to cyclists in such situations just as she would any other vehicle in the lane. She told me she didn't see me and pulled away, never asking if I was okay. No other driver pulled over to ask if I needed assistance.

I continued my ride to work where I realize that I was bleeding and had a damaged my brand new helmet. My head and neck also started to ache. I soon decided I would play it safe and go to the ER, but first called the police and asked to file a report. I had her license number.

The police told me that since there was no contact with the car there was nothing to formally report. I again explained that my injuries were the result of careless driving and that I was already in the intersection when she started to execute her turn. Told again that it was not a police issue. To the driver's credit, she had already called the police and told them the truth about the incident. Our reports (unofficial) matched.

I am simply amazed that driver has no consequence and thankfully insured.

recursive

Cyclists unfortunately don't typically seem to get very positive legal outcomes from [near]collisions. As non-sensical as it is, it often seems that you are better off if you somehow damage the car during the incident, which seems to make it get taken more seriously.

kv501

Same thing would've happened if you were in a car and put it in the ditch because someone pulled out in front of you. Even if it's not your fault, you still have the burden of keeping yourself and your vehicle under control. Sort of like if you saw a car spin out on an icy road and lost control yourself, crashing and injuring yourself. Indirectly, the other driver caused you to do it, but the grey area of fault becomes too grey at that point. It sucks, I know, especially when you're the one who got hurt, but can you imagine the lawsuits there if we could sue every time this happened?

island rider

In theory you could take your police report, and hers and use them as evidence in a civil claim against her. Perhaps negligence. Or, you could argue that she did it on purpose and it was assault.

thump55

That blows, but if you are only out the cost of a helmet and ER copay, probably not worth pursuing.

If you have more medical bills or bike damage (and can actually get copies of both police reports where she admits some guilt) I would think it might be worth pursuing in small claims.

As Recursive said, you are almost better off hitting the car.

merlinextraligh

If you do want to pursue it further, make sure to file a formal accident report.

However, I'm with Thump, unless you end up having greater damages, probably best to let it go.

slowtostart

Qick update. Police called to say they are in the process of composing a report since the driver did report herself after getting to work and they have contact info for her. She is not responding to their calls at this point.

The emergency room told me that my auto insurance would be handling the medical claim. My auto insurance company concurred and I'll be sending them a copy of the police report once it is available. I don't care about the helmet or the co-pay.

One other positive note about insurance companies... At the end of our conversation the claims agent asked if my bicycle was damaged because they would add that to my claim. It's just an old steel beater I use for the commute and it is probably in better shape than I am right now.

PS I'm still not afraid to ride in traffic. I'll be riding home tomorrow.

kv501

Get yourself a new bike.

*Cue the insurance fraud and moral police

bikerjp

Wow, very different outcome compared to the other accident thread and he was actually hit. I think I'm motivated to check out what my insurance will cover just in case.

Nachoman

Double check the language in your policy. Right now I am looking at a State Farm Policy, under what is referred to as the medical payment provision, and it states that they will pay for reasonable medical expenses if the bodily injury occurs while you are occupying the insured vehicle.