Accident with car.

Rob

Cruising
Mar 29, 2014
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#1
Well I got taken out by a car yesterday at an intersection. I was half way across the road and got nailed from the right hand side. Thankfully it wasn't too bad (large cut above the eye and a nasty one on my finger, and a lot of pain in my wrist). So I filed a report with the police but seems that me and the driver say the light was green, i guess it is to be expected. So what happens next? I don't have any bike insurance so I'm pretty worried I won't recover much for my bike or medical expenses. Is this something I should get a lawyer for?

Anyways, any advice would be most appreciated.

Cheers,

Rob
 
Jan 14, 2007
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Noda
japanichiban.com
#2
the car has insurance and the 80/20 rule comes in play in your favour. The car being bigger takes more blame....That is if 80% of your damage is more than 20% of the car's damage.
Make lots of claims on the driver's insurance....or do nothing. A lawyer will obviously help but not enough reimbursement to pay his fees...I guess...

i hit a cyclist 10 years ago who was uninsured...my insurance paid 30man damage to my car and 60man expenses to the kid who said there was nothing wrong with him...'can I go home'
Once his family got hold of my insurance company they claimed all sorts of bullshit...
 

Rob

Cruising
Mar 29, 2014
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#3
Thats good to hear. I haven't seen my bike yet but the wheel set is gone, and i guess the frame is gone too. Pretty hard crash to my carbon frame. I still have to meet the police at the accident scene and they really wanted to know if it was the green pedestrian sign or green light i saw. So if my frame and gear is scratched, is that a claim or will they tell me if it still works no claim?

Thanks about telling me about the 80/20 rule. Makes me feel a lot better.
 

Musashi13

Maximum Pace
Aug 27, 2012
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#4
Write it all down now and date it. Keep that so when you have to tell your side you have that and they see you refer to it. It helps.

They will pay you for sure but if there were no witnesses it might be tough as you both say it was green. What happens next does kind of depend on the insurance company. They will want to settle quickly and cheaply but you can get free legal advice at your local city hall. You will have to make an appointment but it will be free and unbiased. I would advise getting hold of someone who knows about these things to aid you as you don't want to end up on the wrong side of it because you didn't know what was happening.

Best of luck for a good settlement and a speedy recovery.
 

Rob

Cruising
Mar 29, 2014
20
6
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#5
yep no witnesses so that really sucks. Yea I have a good relationship with my LBS so I'm going to talk to them too. So far the people I talk too say the car is almost always in the wrong when it involves a bike.
 
Likes: Musashi13
Apr 3, 2012
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Tama Center <-> Otemachi
#6
Glad that it wasn't any more serious.

I've been through a car vs taxi incident. Turned into 100% taxi at fault. I had witnesses, I clearly had right of way, and was in full commute mode with all lamps going.

It sounds like an ambulance was called and your were taken to the hospital? This works out in your favor as it forces a police report. You definitely want to put down your side of the story with the police. Once done, the police will provide you and the other party with a report number. Likely what's next is the other party insurance company will reach out to you to assess how much it will be to settle. They will likely offer to pay for part or all of the hospital fees, rehabilitation, extra transport fees (taxi), and time off work. Get your equipment assessed by your LBS and a statement from them on either the cost of repair or replacement. Don't forget to include helmet and kit. The insurance company will then negotiate compensation for the pain and equipment loss. Insist that you use the hospital of your choice and the LBS of your choice.

Maybe because the other party was a business, all claims were dealt with promptly. Hopefully you get the same outcome.
 

Rob

Cruising
Mar 29, 2014
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#7
Yep ambulance ws called and got a police report. Just don't have a witness which is a bummer. Yea I will be going to my LBS this weekend and have them give me a hand. Thanks for all the good info.
 

Musashi13

Maximum Pace
Aug 27, 2012
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Ichikawa, Chiba
#8
If you need time off work for the hospital take it. The less you go to the hospital the less seriously it will be assessed. Don't settle until everything is sorted out. Anything that happens after the settlement is on you.

This is why I still haven't settled with the insurance company of the car that hit me in April and why I went to the hospital yesterday for more X-rays and will be having another CT scan next month. If the claim is under ¥2.5M they won't bat an eye (I'm told reliably) so if anything is damaged at all claim it, if you weren't hit it wouldn't be damaged so it gets replaced.

The insurance claim is a civil matter and the police will play no part in it but the insurance company may employ a third party assessor to evaluate the accident and the claim. Again, this depends on the insurance company.
 

Rob

Cruising
Mar 29, 2014
20
6
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#10
well I was half way across the crosswalk when I got hit. I saw green but so did she, so I guess it is up to the court to decide.
 

luka

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Jan 13, 2015
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#13
Any updates on what happened later? Just had a (far less serious) accident today myself, so I'm interested about how these things play out.
 
Mar 31, 2015
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#14
I got hit by a car a year ago. I wasn't hurt and the only real damage to my bike was the front wheel but the driver's insurance got me a new bike rather get mine repaired. They also paid all my transport costs to and from work until the new bike arrived. I think it took about 6 weeks from the accident to getting the money.
 

luka

Maximum Pace
Jan 13, 2015
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#15
Did you do all the negotiations with the insurance co yourself? What was the total bike value they paid up (excluding commuting and other costs)?
 
Mar 31, 2015
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#16
I spoke to the insurance fella for the most part - my wife and her dad spoke to him the day after when he returned the bike but after that he spoke to me. They paid 60,000 yen for the bike (it was 35,000 in the sale but to get a new one it was 60)
 

Rob

Cruising
Mar 29, 2014
20
6
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#17
Hey sorry for the late reply, haven't been on the forum for a while.

Yea at first they didn't want to pay anything, I pay for my damage and she pay for her damage to her car. I laughed and said bullshit. I told them I would never settle for that. Then a day later they offered me 50%, and of course I said no. However once they discovered I had broken bones in my hand they were much easier to negotiate with. I said 80, they said 70, then I declined. Then a week later they agreed to 80% of the damage which was about 600,000 yen (80% of what I claimed). Perhaps I could have gotten 90%. Also I claimed everything, if it had a scratch, I claimed it. Also all my kit too, since most things had some blood on it. So I just made sure my 80% would pay for repairing everything. One thing to note was, after the negotiation, they wanted to know the date of when I bought everything so they could depreciate it. 5% for every 6 months. So be mindful of that. For the date it was just my best guess when I sat down with the insurance guy. It took about 2-3 months for them to eventually pay for the bike. As for the medical claim, I am still waiting for that.

Based on my experience I would give someone the following advice if they had an accident.
1. Never admit fault, perhaps only if there were cameras/witnesses and it was obviously you. But even then I would be reluctant to say anything.
2. Get a police report! If someone calls an ambulance for you, a police report must be done. So if you are unsure the police are coming, call an ambulance. Unless it's really minor.
3. Don't settle for less than 80/20. Seems to be the insurance rule. If it is clearly their fault 90/10 is also attainable. This is what I heard from my student who is an insurance adjuster. Bicycles VS Cars: cars almost always lose unless there is video evidence and it is obviously your fault. My student did say cars are starting to win if they have a dash cam, or traffic camera.
4. Go to the hospital as much as possible, only strengthens your case for a higher percentage. If it's their fault you will get paid for every visit. My student said everyone in Japan exploits the hell out of this here. Ex, going just to change bandages, physical therapy, etc.
5. If you are injured, there will be two claims. One for the bike/car, and the other for your injury. You will get the injury claim 2-4 months after treatment. I finished in March and they are still working on it now in early May.

Cheers,

Rob
 

Musashi13

Maximum Pace
Aug 27, 2012
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#18
Good advice @Rob

I am coming to the end of my claim (I hope to baby Jesus). I have refused their first offer, which is de rigueur, and told them to contact me after GW. They did the depreciation thang which I debated with them saying only brand spanking new would do, same spec. The amount they offered for my injury (broken shoulder blade) was rumored to be quite generous so I told them it wasn't enough. On the whole their offer wasn't bad but when I broke it down I think they could have done better.

In my case they took 100% of the fault and have already reimbursed my medical fees, lost earnings, and transportation costs while incapacitated. I didn't really milk that as much as I was advised to but waiting around at the hospital isn't worth the payout I would have gotten for it. The injury I sustained needed to be as fully healed as possible before the claim could be finalised as they usually state that anything that comes after the payment is on you. Their independent medical assessment says I have no pain, discomfort or lasting impediment due to the damage sustained in the running of the red light by their client; this I also disputed. I don't care what they say there are residual effects of the accident and I should be compensated appropriately.

Word will come either today or early next week on the amended offer.
 
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theBlob

Bokeh master
Sep 28, 2011
2,865
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#20
I went through that as well, in a motorcycle/ taxi incident.
They took 100% of everything if I let them do the repairs. Which they did to perfection. Overall if you are on a bike and they in 4 wheels you should be able to get 100/0% with some negotiation.
Police reports are vital so are medical documents as stated. Anyway good info hopefully none of us need to use it from here on out!

Now If only I can find someone to blame for my back….. Aha! @Mlac Peek !!! …. Expect a call from my lawyer!
 
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