Legal Bike Question for a friend about getting doored and insurance

Any advice for a friend would be appreciated.. His email is below:


I got doored yesterday. My body is fine; bike is not. At least one rim needs to be replaced
(other one probably needs to be trued) and, things I didn't realize
until I asked my bike friend to look at it late last night, my fork is
way bent
in and need to be replaced. My friend seemed to think my (crappy  bike
should be regarded as totaled.
 
The guy wasn't an ass (just ignorant) but when it happened and after it was established I was ok I
asked him for $25 for a new rim (yes, I know that's cheap. My bike is
fairly
crappy and I'd rather just get in and out in this sort of situation). He
asked
me if I was going to pay for his door. I told him I was calling the
cops. Idiot.
Obviously, he was cited for opening a door in traffic and his insurance
rates
may go up.
 
At any rate, I don't know if you have an answer but if my bike is totally fubar is this sort of thing covered by an average person's automobile insurance? I'd
be happy
to file a claim, particularly if his rates are going up anyway based on
an
accident, but have approximately zero interest in taking him to
court.

Views: 38

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Replies to This Discussion

Permalink Reply by Doug Haynes on July 27, 2010 at 12:20am
The drivers insurance should cover it.

Get their info from the police report and submit a claim.
Permalink Reply by Joel on July 27, 2010 at 1:28am
Active Trans was on here promoting their crash support hotline a few days ago, and I assume this is the type of question they could answer. The driver is at fault, so I would assume that his (the driver) insurance would cover the cost of the bike. Have your friend find his receipts or get a signed appraisal for the cots of repair/replacement at a local bike shop.
Permalink Reply by Julie Aberman (Hochstadter) on July 27, 2010 at 2:57am
Thanks, duh....

It's 312-869-HELP (4357)

Joel said:
Active Trans was on here promoting their crash support hotline a few days ago, and I assume this is the type of question they could answer. The driver is at fault, so I would assume that his (the driver) insurance would cover the cost of the bike. Have your friend find his receipts or get a signed appraisal for the cots of repair/replacement at a local bike shop.
Permalink Reply by Brendan Kevenides on July 27, 2010 at 3:34am
The driver's auto policy absolutely should cover your friend's property damage. If your friend has a car, his policy would cover it as well, but he probably has a deductible. He may want to consider submitting through his renter's or homeowner's policy only as a last resort. You only get to submit so many homeowners/renters claims during a lifetime before you become barred from coverage. Save making those claims for the really big catastrophes.

Last week at the legal round table at Quenchers Ian Kasper talked about seeking restitution in biking cases involving property damage only, with no bodily injury. Restitution may be the best legal mechanism if the driver's insurer gives your friend a hard time.

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