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i had a bike acciden and need help

tripledoubletripledouble 7,636 Posts
edited January 2009 in Strut Central
i didnt even think it was serious.i was rolling on my bike down the street. adjusted my hat on my head. roll along. see a car door open in front of me. smash into it. wreck car door.dude jumps out and says i hit his car. i tell him he opened his door without looking out. he has a witness that says i didnt have my hands on the bike (of course i did when i hit the door). he gets my phone number and insurance info, i dont bother getting his, cause i figure there is no way i am at fault.month later, state farm calls me up saying i need to pay $1400.i call my insurance and they say they cant cover it, but that the driver was totally at fault.now, state farm has a debt collection agency asking me for the money.should i just start fire bombing shit??? or get a lawyer???
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  Comments

  • HairyBelafonteHairyBelafonte 1,202 Posts
    get a lawyer???



    Hope you're ok, you know I can relate.

    Isn't that exactly what insurance is for, accidents?

    If you're not worried about your credit, I would ignore it.
    Prolly the better choice is to confront them and tell them you aren't planning on paying anytime soon.


    Or start firebombing shit.

  • sabadabadasabadabada 5,966 Posts
    Don't ignore it.
  • GaryGary 3,982 Posts
    i dont bother getting his, cause i figure there is no way i am at fault.



    oops!
  • tripledoubletripledouble 7,636 Posts

    Prolly the better choice is to confront them and tell them you aren't planning on paying anytime soon.

    this is what i was thinking. can it backfire?
    i was going to send them a letter citing the pennsylvania trafic code that says motorists must check for traffic before opening their motherfucking doors.

    i dont want ot have to get a lawyer for 1400. but if i did, do the plaintiffs have to pay his fees if i win??

    i'll go on judge judy in a second. i'll make the motherfucking ratings pop
  • tripledoubletripledouble 7,636 Posts
    should i send them a letter with this:
  • HairyBelafonteHairyBelafonte 1,202 Posts
    should i send them a letter with this:


  • RaystarRaystar 1,106 Posts
    I would have just stepped... what was he going to do?
  • RaystarRaystar 1,106 Posts
    or biked...
  • GaryGary 3,982 Posts

    Prolly the better choice is to confront them and tell them you aren't planning on paying anytime soon.

    this is what i was thinking. can it backfire?
    i was going to send them a letter citing the pennsylvania trafic code that says motorists must check for traffic before opening their motherfucking doors.

    i dont want ot have to get a lawyer for 1400. but if i did, do the plaintiffs have to pay his fees if i win??

    i'll go on judge judy in a second. i'll make the motherfucking ratings pop


    maybe one of these soulstrut lawyers could try being cool for once and help a strutter out. Try being pro bono for once instead of pro-boner like normal.
  • Birdman9Birdman9 5,417 Posts

    Prolly the better choice is to confront them and tell them you aren't planning on paying anytime soon.

    this is what i was thinking. can it backfire?
    i was going to send them a letter citing the pennsylvania trafic code that says motorists must check for traffic before opening their motherfucking doors.

    i dont want ot have to get a lawyer for 1400. but if i did, do the plaintiffs have to pay his fees if i win??

    i'll go on judge judy in a second. i'll make the motherfucking ratings pop

    I am no lawyer, but I know this much: the only thing harder to do than get a judgement that covers your legal fees would be collecting those fees if the judge actually awarded them to you.

    My advice, get all the info you can from their side, do not tell anyone what you do or do not intend to do, and then take that info to a lawyer, someone you know in law school, something. A letter from some attorney might at least minimize your exposure, and everything is negotiable.
  • sabadabadasabadabada 5,966 Posts
    Anything you put in a letter is an admission. Dont write it. Don't even call them. Get a lawyer or pay the $1400.
  • PABLOPABLO 1,921 Posts
    If you're not worried about your credit, I would ignore it.
    Reeeeeally not a good idea, especially nowadays.
  • sabadabadasabadabada 5,966 Posts

    Prolly the better choice is to confront them and tell them you aren't planning on paying anytime soon.

    this is what i was thinking. can it backfire?
    i was going to send them a letter citing the pennsylvania trafic code that says motorists must check for traffic before opening their motherfucking doors.

    i dont want ot have to get a lawyer for 1400. but if i did, do the plaintiffs have to pay his fees if i win??

    i'll go on judge judy in a second. i'll make the motherfucking ratings pop

    I am no lawyer, but I know this much: the only thing harder to do than get a judgement that covers your legal fees would be collecting those fees if the judge actually awarded them to you.

    My advice, get all the info you can from their side, do not tell anyone what you do or do not intend to do, and then take that info to a lawyer, someone you know in law school, something. A letter from some attorney might at least minimize your exposure, and everything is negotiable.

    Actually, collecting on a judgment from someone with assets is pretty easy, you just serve the bank where they keep their money. However, in America, the general rule is that you pay your own legal fees. It sounds like you neglected to take care of this for a while, which makes it more difficult to contest it. It's a collection action at this point. Again, get a lawyer. It may cost a few hundred bucks, but it's not worth seven years of bad credit. Next time, don't sleep on it - you should have sued his ass, and Statefarm would be sending you a check.
  • AKallDayAKallDay 830 Posts
    Jesus Tony.
    Your thread title scared the damn shit out of me and I thought you were posting from having just had an accident.

    You should talk to Joe, the same EXACT thing happened to him on Broad street a few years back. He had to appear in court but was exempt of any financial responsibility.
    Your protocol was kinda jacked from the giddy-up, giving dude your insurance as a cyclist but your poor head was probably hurting at the time. Be careful
  • CBearCBear 902 Posts
    What happens in that scenario if you just ride off and don't give your info? Could that be considered hit and run which is a felony? That would be a terrible way to get a strike.
  • GaryGary 3,982 Posts
    What happens in that scenario if you just ride off and don't give your info? Could that be considered hit and run which is a felony? That would be a terrible way to get a strike.


    HAHAHAHAHAHAHAHA thats a good question!
  • dukeofdelridgedukeofdelridge urgent.monkey.mice 2,453 Posts
    If it were here in Seattle, you'd be in the clear: the law has it's ALWAYS the door-ers fault...there's a law on the books that says so.

    Find out if your city has a similar ordinance, I guess...
  • yuichiyuichi Urban sprawl 11,331 Posts
    What happens in that scenario if you just ride off and don't give your info? Could that be considered hit and run which is a felony?

    What are the odds of the po's actually pursuing such a case?? I say very slim.
  • Jonny_PaycheckJonny_Paycheck 17,825 Posts
    Tony seemed to state above that PA code is similar, that it's always the door-ers fault... you may wish to inform State Farm of that. But do NOT under any circumstances say you won't or don't intend to pay.
  • white_teawhite_tea 3,262 Posts
    Not sure if it's too late for this either, but go to the police precinct in the area and try to file a report -- something you should do after any accident.
  • Campag_RecordCampag_Record 238 Posts
    Would the same rule apply if the person of the stationary car opened their door whilst another car was passing and the door got damaged. I'm guessing it would be the fault of the driver/passenger of the stationary car. No way should you be responsible for this (plus us cyclists have to stick together...it's a war out there!)

  • sabadabadasabadabada 5,966 Posts
    Does any of this really matter at this point? Its a collections matter.
  • tripledoubletripledouble 7,636 Posts
    ooof.
    i guess we should have got a police report at the scene and that i probably should have jetted on my bike.

    jp...why should i say that i do not intend to pay?

    we got a lawyer in philly who defends cyclists...so i guess i'll give him a ring.

    i really appreciate the advice,legalstrut
    i'll get on this right now.

    peace,t
  • Birdman9Birdman9 5,417 Posts

    Prolly the better choice is to confront them and tell them you aren't planning on paying anytime soon.

    this is what i was thinking. can it backfire?
    i was going to send them a letter citing the pennsylvania trafic code that says motorists must check for traffic before opening their motherfucking doors.

    i dont want ot have to get a lawyer for 1400. but if i did, do the plaintiffs have to pay his fees if i win??

    i'll go on judge judy in a second. i'll make the motherfucking ratings pop

    I am no lawyer, but I know this much: the only thing harder to do than get a judgement that covers your legal fees would be collecting those fees if the judge actually awarded them to you.

    My advice, get all the info you can from their side, do not tell anyone what you do or do not intend to do, and then take that info to a lawyer, someone you know in law school, something. A letter from some attorney might at least minimize your exposure, and everything is negotiable.

    Actually, collecting on a judgment from someone with assets is pretty easy, you just serve the bank where they keep their money. However, in America, the general rule is that you pay your own legal fees. It sounds like you neglected to take care of this for a while, which makes it more difficult to contest it. It's a collection action at this point. Again, get a lawyer. It may cost a few hundred bucks, but it's not worth seven years of bad credit. Next time, don't sleep on it - you should have sued his ass, and Statefarm would be sending you a check.

    I think a lot of people are under the impression that if they win a case, that one side pays the other's legal fees. As you point out, this is the exception, the rule by a WIDE margin is that everyone pays their own legal fees. Even if you win court costs, it will often mean paying an attorney even more to settle that money.

    While there is something to be said for principle, measuring out $1400 vs what a person might spend on legal fees in a situation like this, I bet that $1400 will be the smaller amount.

    Stay out of court unless there is no alternative.
  • white_teawhite_tea 3,262 Posts
    Quite a few years back, I was working my first real job out of college as a newspaper reporter. I went to get some tacos for lunch and, as I was leaving the parking lot, a car passed too closely and hit my car.

    I immediately called the police to file a report. Filed the report with an officer, they let the one guy go, and then another cop rolled into the parking lot. Turned out I had an outstanding warrant for not fulfilling all of my probationary obligations of a minor drugs dust-up.

    So I went to jail... on my lunchbreak. I ended up calling a fellow reporter to bail me out. Meanwhile, my editors thought I might be injured or dead. I asked my boss if he wanted to know what happened after I finally made it back to the office. He said no, but I told him anyway.

    I still advocate filing a police report -- but make sure you don't have any outstanding warrants!
  • sabadabadasabadabada 5,966 Posts
    I was arrested in San Francisco and spent an entire night in jail for an outstanding warrant on an unpaid Jay Walking ticket.
  • Birdman9Birdman9 5,417 Posts
    make sure you don't have any outstanding warrants!

    I think this is always a good rule to live by.
  • dukeofdelridgedukeofdelridge urgent.monkey.mice 2,453 Posts
    yeah i forgot that part: get one of those Bearded Cyclist Advocate Lawyers...and visit some cycling law websites (of which there are hella, as cyclists and the net and discussing law minutae ad nauseum go hand-in-hand-in-finglerless-gloved-hand).

    Almost all of my cycling close calls and dust-ups are the driver's fault, so I do my best to stay the calmer of the two parties and let the driver know that I will indeed wait "for the cops;" and that I'd actually welcome their presence. I know all the local bicycle laws, and if they're adults capable of reasoned discussion, I can get them to admit what they did wrong (they usually don't know it's wrong--which is the main point around here)...if they're going ape, I'll just be out (unless I'm in a mood to challenge them to fisticuffs).

    In the few cases where I am at fault, I'll just be out. Add a little to the anti-bike sentiment, whatever... Skateboard upbringing has me uncomfortable with any sort of rights, so I'm cool with flipping birds and jammin on my scooter...

    but um yes
    get the four or five basic bangers of the related bike laws down (probably the part about the opening of car doors), and just repeat it whenever they call/email. If the dude admits he opened his door, then boom you're in.

    the whole thing sucks, by the way...good luck.
  • CBearCBear 902 Posts
    What happens in that scenario if you just ride off and don't give your info? Could that be considered hit and run which is a felony?

    What are the odds of the po's actually pursuing such a case?? I say very slim.

    I've heard of people getting DUI/DWI's while riding bikes.

  • keithvanhornkeithvanhorn 3,855 Posts
    i didnt even think it was serious.
    i was rolling on my bike down the street. adjusted my hat on my head. roll along. see a car door open in front of me. smash into it. wreck car door.

    dude jumps out and says i hit his car. i tell him he opened his door without looking out. he has a witness that says i didnt have my hands on the bike (of course i did when i hit the door). he gets my phone number and insurance info, i dont bother getting his, cause i figure there is no way i am at fault.

    month later, state farm calls me up saying i need to pay $1400.
    i call my insurance and they say they cant cover it, but that the driver was totally at fault.

    now, state farm has a debt collection agency asking me for the money.

    should i just start fire bombing shit??? or get a lawyer???




    state farm is the driver's insurance agency...and they have a collection service company after you?

    if you want to fax or pdf and email me the letter, i'll take a look at it. don't hire a lawyer for something this trivial, especially at this point.

    pm me if your interested and ill send you my info. i'm a philly trial lawyer btw....and this is pro bono.
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