DOOR'ed and pissed

fritz's autotec

advice on what to do once door'ed

my husband and I were doored today. I hit the car first and husband went flying off afterwards. police called, emt's came, I went to ER with many contusions and lacerations, broken pinky finger...obviously not that bad injuries BUT my bike is totalled and my husband's bike has damage. police informed person that it was her fault.

any advice if I want to make sure that my bike is replaced by her insurance and husband's bike is repaired...I have no doubt about getting medical taken care of but am more unsure about the damage to bike.
One main issue is that my bike wa my transport, as I bike commute to work and now physically can not do that for a bit...especially since I have no bike.

Please let me know your experiences..

thanks, FBR

eric_the_red

I hate to say this but when dealing with insurance companies get a lawyer. Most insurance companies don't like to pay out money and will make it as difficult as possible for you to get compensated. They all have lawyers, so fight fire with fire.

jhuskey

Where are you located?

__________________
Whenever I can't get excited about riding I just fantasize about someone else's bike.

willida

Are you in the U.S.? I am only familiar with U.S. insurance and law.

You are way ahead since the police filed a report. If the driver had liability coverage (required by law in most [all?] states), it has provision for personal injury and property damage. Your medical bills should be paid by her insurance, and your health insurance will go after her insurance co. to make sure that your insurance doesn't have to pay.

Your bikes are covered under your homeowner's or renter's insurance. This gives you some leverage.

1. Did you get her insurance information? If so, call her insurance co. and reference the police report. If not, her insurance info will be on the police report. Get a copy of it, so that you can call her insurance company. Her insurance company will ask for copies of bills or a statement of value for your bike. Ask for reimbursement for loss of use as well, especially if the bike is your primary mode of transportation.

2. Contact your insurance agent(s) and let them know of the accident. Often they will follow-up so that their insurance co. doesn't have to pay.

3. If the driver was uninsured, your health and homeowner's insurance should cover the damages. They will sue the driver. The driver will also likely lose her license, have it suspended for a period, or spend jail time for not having insurance--state law dictates that.

4. If you find yourself in the unfortunate situation where you don't have coverage and the driver doesn't have coverage, call a lawyer. Be aware, though, that you will have to bear your attorney's fees. I was quoted an expense in the neighborhood of $2,500 for a similar case, and that would reduce your settlement.

The statements above are representations, not warranties. It is not to be deemed as legal advice. I make no representation that I know anything.

jonnotourer

I live in London, UK and am constantly on the look out for motorists opening their car doors. But your post made me wonder - in the US is it always deemed the motorists fault in such a case?

jhuskey

I asked about your location because statutes vary from country to country, state to state in the US, but most states have a 'comparitive fault" consideration.
The best way here to recovery compensatory damages is to ,unfortunately, use your injuries to provoke insurance companies into settling out of court.
Right or wrong a sympathetic jury can award a large amount of money.
So the bottom line is to state that you have pains that are limiting your daily life and you may never be able to ride bike again due to mental anguish that you suffered,but you will settle for your out of pocket expenses since you are not the type of person that likes to sue.
This is referred to as a nuisance claim since it usually involves less settlement cost that what the legal and court cost would be.
I have a feeling it is similar where you are with a few differences.
Either way, good luck and watch out for those inconsiderate a holes that don't pay attention.

__________________
Whenever I can't get excited about riding I just fantasize about someone else's bike.

artmichalek

It's a bit of a gray area here. Most states seem to have conflicting laws about bikes not riding within three feet of parked cars, but far enough to the right not to impede traffic. There are a lot of places where you can't reasonably do both. However, since the bike is a vehicle moving in traffic and a parked car isn't, the person in the car is generally responsible for making sure that they're clear to open the door.
Back to the original post, take both bikes to a shop as soon as possible and get a written estimate for repairs/replacement.

ptlwp

Unless you were irreparibly hurt and can't make a livelihood ever again due to your injuries (in the USA); forget about a trial and jury.

Your lawyer will simply serve as a mediator for settlement out of court and take 1/3 of the proceeds. He will decide, depending on whom did what, whose got the money and whose got the most to lose/win and do his best by you.

That is it...and nothing more.

__________________
"All that is necessary for evil to succeed is for good men to do nothing." Sir Edmund Burke

jhuskey

.
You are partially right,but mostly wrong, however courts are leaning toward mediation as a means of solving overcrowed schedules but a third attorney is hired as a mediator.
Small claims generally refered to as "nuisance claims" are more economical to settle than the expense of discovery,expert witness and court costs.
I helped defend one case where two physican found no injury and the individual didn't go back to the doctor for three years where a third doctor,I use the term loosely, diagnosed "Myofasical syndome" in mediacal terms an unexplained pains or pains, in legal terms BS. The jury awarded $110,000.00 and no strict liability was implied.(Damn liberal juries)
By the way, some states do not allow contingency claims and attorneys work on a hourly basis.
Civil court is hardly black and white ,has a lot of gray areas and is a throw of the dice everytime, and that is why it is sometimes a better route to settle out of court.

__________________
Whenever I can't get excited about riding I just fantasize about someone else's bike.