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What are my options after a bike-on-bike collision?

Bike Portland post on the question, but it seems relevant after a bike-on-bike crash during last night's teamcaffeine ride. From the list:


"On last night's Team Decaf ride, one of our riders, Cole Meyers, was in a

bike-versus-bike accident with someone who was not riding with the group.

The accident occurred on Woods Run Ave between 7 and 8 pm (I think).


I spoke with Cole this evening. He said he is mostly OK. He has a broken

tooth and road rash. But he is looking for witnesses to the accident. (I

arrived after it happened.)


If you were a witness to the accident last night or if you know someone who

was, please email Cole Meyers meyers.cole@gmail.com"


I would assume that accident reporting, whether it's bike vs bike or bike vs cager, should follow the same protocol... gather some info and numbers and hope that the person behind the accident has some sort of insurance. What policy covers bike vs bike accidents?


quizbot
2010-08-12 03:38:26

That's the right protocol. When you get medical care, hospitals and your insurance company will ask for information about anyone else they can subrogate claims to. This is where you provide the other party's information. It helps a lot if the other party admits fault. Otherwise things get... sticky.


lyle
2010-08-12 11:38:13

ouch - quizbot I'm sure it was unintentional, but Cole's email is now on a public site for spambotsto harvest and deviants to abuse...


car insurance might cover people, house/apartment insurance might cover people. Medical insurance would cover one's own injuries but not any liabilities (like if it was your fault, your medical won't fix the other guy's collar bone). Totally insurance-less people who are at fault (and brave enough to own up to it) might do best to work out some kind of deal with the 'victim' to keep the harassment shenanigans and cost down.


ejwme
2010-08-12 11:46:38

I was thinking, this must happen all the time in, say, Denmark, how would they handle it? Then I realized, oh, both parties would have health coverage, so, moot...

Too bad this isn't a civilized country.


edmonds59
2010-08-12 12:01:29

Im pretty sure most auto insurances will cover you while you are on your bike. Also renters and homeowners policies have some general liability coverage.


netviln
2010-08-12 12:27:45

homeowners and medical will cover it.


mayhew
2010-08-12 12:51:18

I don't think auto insurance comes into play unless you were involved in an auto accident (having a car hit you). I can't see any way your auto insurance is going to cover you for a bike on bike accident. Health insurance will cover your medical costs, just like it would if you slipped on some ice. If it costs enough, they might be nice and sue the other guy on your behalf. If he/she has homeowners insurance, there may be some liability coverage in that, which your insurance company will probably go after.


dwillen
2010-08-12 13:25:00

@quizbot whew! that was close. meyers dot AMOS at gmail dot com, if anyone has sent any emails.


I have spoken to a few lawyers and they're all telling me the same thing. Let my health insurance know, they'll be able to sue on my behalf: Try to speak to the kid's parent's homeowners insurance, there is liability that will cover me and my bike: If nothing else I can sue for negligence.


If anyone knows A) any witnesses or B) any bike-friendly lawyers in town, I could sure use the help.


Also - I am alive.


cmeyers
2010-08-12 13:43:15

McKenna and Chiodo handled a case for me a few years ago.


Pat Clair at GRB would be another good person to talk to.


mayhew
2010-08-12 13:45:17

yay! glad you're alive and at least your typing fingers work ok, get well soon! I hope your bike recovers soon also :D


ejwme
2010-08-12 13:46:37

Glad you're ok. How did the accident happen?


My bad on not de-formatting the email addy. Lesson learned. At least gmail has a good spam filter tho :)


quizbot
2010-08-12 14:06:11

@CMeyers: I heard a brief report of this crash yesterday: coming down the long straight section of Woods Run from Riverview, near the location of the former Davis Ave bridge, right? What happened? Where was the kid riding?


I ask because I live just up the hill in Brighton Heights; I'd like to avoid similar circumstances if possible.


reddan
2010-08-12 14:10:56

@Chris Mayhew - Would you recommend one lawyer over another? I know one guy advertises on WPW.


@quizbot - It wasn't the correct email address anyway, so some poor schmuck is gonna get some spam. Again: meyers dot AMOS at gmail dot com.


@reddan - I don't recall anything. We made the descent out the back of Riverview Park, I made that little kink to the left on Woods Run Rd, and woke up on a backboard. I don't remember seeing anyone else ahead of me. I woke up on a backboard knowing very distinctly (somehow) that my head was facing north-ish: I was staring up and could see trees (the park) on my left, and wires/mailboxes on the right (houses) so I guess it must have happened near where you said. The story goes I was reaching for a bidon and he pulled out in front of me, upon which I went airborne.


cmeyers
2010-08-12 14:18:58

Yep. Your health insurance company would be happy to go after their homeowners policy. You don't have to do a thing.


If you want a settlement for pain and suffering, your bike, or out of pocket medical expenses, you should find a lawyer. If the at-fault party doesn't have homeowners coverage (or the coverage is insufficient to first cover your medical expenses), and they have no assets to sue for, you're probably out of luck on that front.


I've had a good experience with Marc Reisman (http://www.gelmanreisman.com ), who has an ad on the bike-pgh front page.


dwillen
2010-08-12 14:35:23

Is there biker's insurance?


I should have some kind of insurance, but other than my employer provided medical, I have nothing.


From Cole's description, the injury was very close to being very serious. I'm glad he is well enough to post.


mick
2010-08-12 14:49:03

i have spam-baited my gmail address plenty. their spam detection heuristics are pretty sweet. most of it goes into the spam box. one or two a week. i wouldn't fret too much.


unixd0rk
2010-08-12 14:52:10

Funny story (not really). I was behind Cole and was the one who called 911. When I told them what happened the 911 operator said they didn't have a category for

'bike on bike' accident. Hopefully because it's so rare and not because we're an afterthought!

Glad you're okay bro. Karma would dictate you have all bills paid in full by that kid's parents but...


88ms88
2010-08-12 16:06:06

Edit: @Chris Mayhew - I don't think I've said anything that I didn't say in the police report.


cmeyers
2010-08-12 16:50:26

Also - I am alive.


Really glad to hear it.


On attorneys who handle bike accidents, David Ainsman comes to mind. I've not used him as a lawyer, but he's a smart guy, easy to talk to, and an avid cyclist.


http://www.aldlawfirm.com/Bio/DavidAinsman.asp


bikefind
2010-08-12 17:16:33

don't ever post on line details of an accident that might go to court. anything you say can be used against you. FYI.


as to which person i really can't say. both are sponsors of cycling teams i have been on and handled work forme. give them both a call and see who works for you personally.


mayhew
2010-08-12 17:22:00

CJ Engel from SPK represented me in my case when I was struck by a car. He is an occasional cyclist, but was a great advocate, and got a settlement on my behalf from the driver's insurance company.


http://www.spkpowerlaw.com/bios.asp#6


ajbooth
2010-08-12 17:22:48

@Cole: really glad you're going to be okay. I pulled out of Riverview right behind you and another guy. You guys really flew down the backside of the park, and by the time I got down to that flat open section of Woods Run, I think the accident had already happened as there was a gaggle of bikes around.


It was pretty scary to roll up on, especially considering how recklessly I had just come down through the park trying to catch up.


I didn't see anything happen. The only thing I think I can add, is the little boy - maybe 8 or 10 - seemed okay physically. He was kind of holding his wrist a bit. He seemed pretty upset about the accident. The front wheel of his Huffy was practically tacoed.


Anyway, really glad you're okay.


atleastmykidsloveme
2010-08-12 20:08:48

hopefully the kid learned an important lesson that will stay with him for a long time.


cburch
2010-08-12 20:29:18

@cburch: and hopefully that lesson isn't "i should never again ride a bicycle."


hiddenvariable
2010-08-12 22:47:17