Question for those who have been doored, or hit by a car, and had damage to your bike

Despite what we all personally feel.  Who has the legal liability when you get hit, doored, cornered, etc?  IF the driver stops that is.  If you call the police, will they do anything?  Bikes, and parts, aren't cheap.  Are you expected to pay for the damage done to your bike by some inconsiderate driver?

Just curious to know how you have dealt with this.

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Permalink Reply by Duppie on September 16, 2013 at 2:27am

1. Always file a police report. You can do that after the fact by going to a police station.

2. The question is not whether the driver was inconsiderate, but whether (s)he is at fault. If that is the case, typically the drivers insurance will pay for damages to your bike.

Any other questions? Call the Active Trans Crash Support help line at 312.869.HELP. They have trained volunteers who can assess your situation and give you advice on your next steps.

Permalink Reply by dan brown on September 16, 2013 at 3:10am

obtain legal counsel. There are several here. you will be glad you did. seriously.

Permalink Reply by Mark on September 16, 2013 at 6:54am

Oh.. I'm sorry.     I didn't crash.  I was just curious for the first time I do.  I imagine it is going to happen at some point.  The Active Trans number is going in my Rolodex, just in case.  Thanks folks.

Permalink Reply by Steven Vance on September 16, 2013 at 4:19pm

Doored is pretty easy: driver is responsible, unless the door is part of a taxi, then the person who opened the door is responsible. 

Permalink Reply by KayCee on September 16, 2013 at 5:30pm

Good question-  I'm actually looking into a "non-owners" insurance policy to cover me for when I borrow or rent a car, and I figured it is also useful in that you can elect under insured motorist coverage to help out in case of an accident.  I am definitely going to do some research on how this might relate to biking as well.  Would love to know if anyone has any information on this.

Permalink Reply by Alex Z on September 17, 2013 at 1:42am

Is this true? I thought it was the taxi driver's responsibility regardless.

Steven Vance said:

Doored is pretty easy: driver is responsible, unless the door is part of a taxi, then the person who opened the door is responsible. 

Permalink Reply by Steven Vance on September 17, 2013 at 7:05pm

Bicyclist insurance.

KayCee said:

Good question-  I'm actually looking into a "non-owners" insurance policy to cover me for when I borrow or rent a car, and I figured it is also useful in that you can elect under insured motorist coverage to help out in case of an accident.  I am definitely going to do some research on how this might relate to biking as well.  Would love to know if anyone has any information on this.

Permalink Reply by Steven Vance on September 17, 2013 at 7:06pm

I believe so. When my friend was doored by the passenger of a taxi, I called a lawyer and they advised me to obtain the passenger's information because they were responsible for the incident.

Alex Z said:

Is this true? I thought it was the taxi driver's responsibility regardless.

Steven Vance said:

Doored is pretty easy: driver is responsible, unless the door is part of a taxi, then the person who opened the door is responsible. 

Permalink Reply by Alex Z on September 18, 2013 at 2:20am

Interesting. Either rule would make a certain degree of "sense": fault the person who actually opened the door, versus, fault the person who has insurance (and perhaps some ability to warn his patrons about opening the door without looking).

Steven Vance said:

I believe so. When my friend was doored by the passenger of a taxi, I called a lawyer and they advised me to obtain the passenger's information because they were responsible for the incident.

Alex Z said:

Is this true? I thought it was the taxi driver's responsibility regardless.

Steven Vance said:

Doored is pretty easy: driver is responsible, unless the door is part of a taxi, then the person who opened the door is responsible. 

Permalink Reply by chixieonfixie on September 18, 2013 at 4:47pm

I am not sure it is the passenger's fault.  It is certainly a good idea to get the passenger's info, yes, but my understanding is it is the responsibility of the taxi driver to make sure the passenger does not open the taxi door into oncoming traffic. 

Steven Vance said:

I believe so. When my friend was doored by the passenger of a taxi, I called a lawyer and they advised me to obtain the passenger's information because they were responsible for the incident.

Alex Z said:

Is this true? I thought it was the taxi driver's responsibility regardless.

Steven Vance said:

Doored is pretty easy: driver is responsible, unless the door is part of a taxi, then the person who opened the door is responsible. 

Permalink Reply by Christine on September 20, 2013 at 7:42am

I was hit by a car in July. Luckily the woman stopped. It was her fault. Here's what's happened since then, all of which is based on legal advice I received from several bike lawyers I spoke with:

- I wasn't coherent enough to do this, but if there are pedestrians nearby and even those who stopped to help you, ask them for their name and contact info as witnesses.

- I went to the ER, and the police officer stopped by to hand me a copy of the police report. He had issued her three tickets: 1) No turn signal, 2) Failure to yield to a bicyclist, and 3) expired insurance. The 3rd one ended up getting dismissed because she did have insurance, she just didn't have the most recent stub to prove it in her car at the time.

- Took pictures of my injuries.

- Lawyers told me to 'make myself whole again'. That includes all medical treatments, fixing my bike, replacing my torn clothes, etc.

- I have medical insurance through my work, so currently I have paid through my deductible, and am now paying through the percent required under my plan until I reach my yearly maximum out-of-pocket expense.

- I got my bike fixed, but I had to pay out of pocket for it.

- When all of my treatment is over with, or within 2 years, whichever is sooner, I am able to file a lawsuit with the insurance company who covers the woman who hit me. However, a lawsuit is only needed if the insurance company will not be willing to settle with me based on a negotiated amount. I am hoping that we will be able to settle, which according to the lawyers, is 3-5x the total cost of treatment, lost time at work, the cost to fix my bike, pain and suffering, etc. If my treatment is still occurring at the 2-year mark (I hope it's not), then this negotiated amount will need to factor in the cost of future treatment etc.

- The insurance company tries to avoid you. Be persistent with calling the person in charge of the claim. They will threaten to close the claim on you if you don't provide them the cost of repair, etc. But you need to tell them that your treatment is ongoing, there is no total cost yet, and they need to keep the claim open. Speak to supervisors if needed, or if you don't get a call or a letter confirming they'll keep the claim open.

- Document EVERYTHING. Keep a diary of how you're feeling. Track how many hours from work you are missing or the sick time you are taking. Keep track of expenses, including your medical insurance's Explanation of Benefits (EOBs) and the associated bills from doctors. Record all travel expenses, including mileage, gas, tolls, CTA rides, taxis, whatever is needed to get you to your necessary therapies and appointments. Keep track of the dates, times, and people you're talking to at the person who hit you's insurance company. Get medical records, images, etc. from doctors you see (x-rays, MRIs, etc.).

- There will be a court date for the tickets the person was given. The City Attorney likely will make them an offer to plead guilty to the most expensive ticket, and all other tickets will be dropped. So in this case, the most expensive of the two tickets actually was no turn signal (I think it was $190), so the failure to yield to a bicyclist got dropped. That ticket was only $90! I was concerned that the fact her ticket was being dropped could eliminate some of my 'proof' that she had hit me, but the City Attorney explained to me that the traffic tickets have absolutely no impact on any lawsuits or insurance claims because of different jurisdictions. I don't really understand it, but had to take his word for it.

- It sucks but you have to pay for all of this until you get the settlement. When the settlement is received, the first chunk of money goes back to your medical insurance company for the amount they shelled out to cover the costs of your treatment. If you have a lawyer, the second chunk of money will go to your lawyer, and the going rate right now for them is a whopping 33.33%. The rest goes to you!

- You don't NEED a lawyer right after your accident. There's nothing for them to do until it is time to settle, or if necessary file a lawsuit. For this reason I myself do not have a lawyer yet. I'm actually hoping I won't need one, I'll see how the settlement negotiation goes and if the insurance company will be willing to pay me within that 3-5x range. If they try to BS me, then I'll consider hiring a lawyer.

I hope this helps! Stay safe.

Permalink Reply by Barry Niel Stuart on September 20, 2013 at 8:46am

When I got doored, the driver who doored me complained about the damage to his car.  Since he apparently didn't believe that there's such a person as an adult bicyclist, I found it better given the situation to have each of us pay our own expenses.  Mine came to $150 for new OEM Jamis fork, Blackburn Low Riders, and installation. 

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