Here is the story:
I live in West Lost Angeles. I have been taking my kids to school on a cargo bike for nearly a year. Each school is 3/4 of a mole from my house. There are no bike lanes and the main street and side streets are extremely busy, so I take an alley. Every business owner and neighbor knows me as the bike and wagon guy (took the kids to school in a wgon before the cargo bike). I have done 1k miles in my neighborhood since switching to the cargo bike and I take the same, what I deemed safest routes, everyday for that tenure.
On May 8th, I wad hit by a driver making an unprotected left hand turn to the cross street I was crossing from an alley. The light was red on the street I was crossing and traffic was clear. I can’t really get up to speed fast considering it is a 80-00lb non-ev bike with a big 3 year old on it (I am 225, strong but heavy….think nfl, and my kids is 40 lbs and tall for a 3 year old). I stop at the curb and traffic is stopped. I cross the traffic and look both ways (it is a weird intersection) and look to see that no one is crossing on the wrong side of the street (this is also a school zone).
After looking I move out and am hit by the car. I go through the windshield and my bike dents the 20+ year old Honda. My kid is in a safety harness and is detached from the bike and laying in the street. He ends up at the hospital, but is ok. I refuse medical treatment until he is out. The car drivers, one that hit me and the one I bounced and tore off his side mirror, kind of keep talking to me and blaming me for damage as I am stunned and really not there. I apologize but I thought I didnt see the light turn green. It didn’t: driver told the cop he was making an unprotected left turn onto the cross street.
I am now on the hook for damages for like 5000 dollars to a 20+ year old honda. Any advice what to do?
His insurance company harassed me via phone for over a week. They ruled before I gave a statement. Lawyers wont talk to me because my kid and I are tough freaking rednecks that wont get hurt. I’ve called a lawyer, but they haven’t returned my call (this one isn’t just for injury), and my homeowner’s insurance is being less than helpful.
I would think a multinational corp would cut their losses after an insuree almost kills a 3 year old, but they are coming after me. Suggestions?
-Ring Mods!
"I make you chocolate"
-comesect69-via-Majin Buu-by-way-of-Dirge/mtl.asm and special consideration from CA Anderton
Because there was a crosswalk a lot of ver (it is illegal to ride in a crosswalk) and they claim I refused to stop, they say I caused the accident. I say dude wasn’t looking turning onto a busy street. If I were a car, it would’ve been his fault. But bike, no insurance, I guess my fault?
Furthermore, they said I didn’t know this neighborhood as well as him depite doing 1k miles in this stretch of road, living here for 11 years, and living half mile away. The driver lives 9 miles away, had out of state plates (Utah) and did not have proof of insurance (had to call dad). If he had lived here for years, why didn’t he have CA plates?
Bike is/was a Yuba Kombi with an attached seat and monkey bars if anyone is curious. Wife won't let me ride anymore and had to buy a car.
-Ring Mods!
"I make you chocolate"
-comesect69-via-Majin Buu-by-way-of-Dirge/mtl.asm and special consideration from CA Anderton
Sorry to hear that man- glad to hear you and your kid are doing okay.
This is like worst case scenario for the other guys’ auto insurance- hitting two pedestrians while making an illegal turn. They are hoping you won’t make an injury claim against him- because if you do, they will be forced to settle before you pursue litigation. Because a jury is going to rule in favor of an injured child 10/10 times.
If you don’t know what you’re doing, get an attorney. If you’re comfortable dealing with the other guys insurance, call them and make a claim against his policy for the accident. If they push back, call your auto insurance- you may have coverage there for this kind of thing, and they can hire their own attorney to go after the other guys insurance. This way you don’t have to get in the middle.
Even if you don’t want to make a buck off his insurance, you need to make a counterclaim to get them off your back.
Just $0.02 from a rando on the internet- used to be an insurance person.
i'd love to be more active. unfortunately the long COVID in 2020-21 pretty much did for my activity level. now i finally feel like i could ride my bike and not immediately fall down--it mainly fucked up my nervous system which among other things wrecked my sense of balance--but i'm also 68 and worry about the prospect of breaking anything that takes as long to heal as old people's bones. i do desperately need to exercise because i'm in dreadful shape.
In girum imus nocte et consumimur igni
FIFTY YEARS OF SCARING THE CHILDREN 1970-2020--and i'm not done yet