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Cyclist at Fault?

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Old 05-18-09, 08:26 AM
  #1  
jcwitte
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Cyclist at Fault?

I was riding along side some cars stopped at an intersection waiting for a red light. I was riding between the cars in the right turn lane and the lane that goes straight. Then, all of a sudden, something gives way and I fall into the driver side door of the guy waiting to turn. My handlebars left a scratch on the door and I hit the mirror as well. The plastic piece surrounding the mirror cracked, but the mirror was intact. The top of the mirror does now have a bit of a haze to it. I got up, looked behind me, and what happened was that my crankarm snapped off. The bike is a fixie conversion from a 35 year old Schwinn. The crankarms were possibly as old as the bike. As much as I can tell, I am at "fault" here. I have no insurance though. So, what happens?
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Old 05-18-09, 08:38 AM
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First did you exchange info. with the driver of the car you fell into? If not that would be your first step. Second and more then likely, if that driver has comp/collision insurance his insurance will cover any damages to his vehicle. If he does not have comp/collision he can likely come after you in civil court for the damages. Which he may do even with comp/collision insurance.
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Old 05-18-09, 08:41 AM
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You pay.

Then you upgrade your equipment... and learn to look it over from time to time. (I should talk... I had a rear derailuer fail on me on Friday... poor adjustment, which I ignored and it eventually shifted right into the spokes ).
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Old 05-18-09, 08:59 AM
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Originally Posted by genec
You pay.

Then you upgrade your equipment... and learn to look it over from time to time. (I should talk... I had a rear derailuer fail on me on Friday... poor adjustment, which I ignored and it eventually shifted right into the spokes
).
Don't feel bad--I had the same thing happen to me. I was lucky that I was almost home at the time.

I had another malfunction caused by my own neglect a couple years ago. I had a bottom bracket that was wobbling, but I wanted to baby it so I could wait a couple days to fix it at a more convenient time. It froze up completely on my way to work. Luckily I was only a block form the LBS. They gave me a loaner and I was only about two minutes late for work.

The moral: inspect the bike, especially if it's an older model. And don't put off repairs on vital parts.
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Old 05-18-09, 09:36 AM
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If it were me in your situation I'd pay out of pocket. If I couldn't afford to cover it all I'd offer a payment plan. You didn't say if you were hurt, so I'm guessing that means good news.
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Old 05-18-09, 10:29 AM
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Well, if you and the driver are on reasonably good terms, he might be able to get the amount handled by his insurance. You are an "uninsured driver". I carry a rider on my policy which covers "uninsured drivers". I think if you had done this to me, my insurance would pay for it.
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Old 05-18-09, 11:45 AM
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Originally Posted by jcwitte
I was riding along side some cars stopped at an intersection waiting for a red light. I was riding between the cars in the right turn lane and the lane that goes straight. Then, all of a sudden, something gives way and I fall into the driver side door of the guy waiting to turn. My handlebars left a scratch on the door and I hit the mirror as well. The plastic piece surrounding the mirror cracked, but the mirror was intact. The top of the mirror does now have a bit of a haze to it. I got up, looked behind me, and what happened was that my crankarm snapped off. The bike is a fixie conversion from a 35 year old Schwinn. The crankarms were possibly as old as the bike. As much as I can tell, I am at "fault" here. I have no insurance though. So, what happens?
If you own (or are listed as an insured) a car that has liability/property damage insurance, it may pay. Make a claim.
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Old 05-18-09, 12:22 PM
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My homeowners insurance policy covered the damage I caused to a car while riding, so that's another possibility.
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Old 05-18-09, 12:40 PM
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I'd pay out of my own pocket before I would expect his insurance company to pay. But that's just me. If someone incurs a loss as a result of my negligence then I should be the one to pay. It sucks but it's only right imho.
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