Sarah recently touched on how to avoid car vs. bike altercations. Unfortunately, as well all know, accidents happen—often times expensive ones. It is easy to lose one’s head in such circumstances of powerful anger or frustration. Along with a number of close calls, I have personally been hit by cars twice, both times while riding in a bike lane. My initial reaction to being struck was anger, of course. But then it was followed by relief, as I realized I was mostly ok. But in dealing with the motorist—who, thankfully stopped, which they are legally required to do in the event of any collision—I made a few mistakes that ultimately caused me a great deal of grief. In order to help the reader avoid such similar problems, I want to share a few must-dos here.
First and foremost, call the police. Seriously, just call the police. Even if you are in a hurry to get somewhere: they will understand if you were *hit by a car*. Even if you think you’re fine—injuries only manifest themselves once the adrenaline wears off, and the extent of your physical damage is very hard to diagnose moments after impact. Even if your bike seems fine—chances are it’s not. Even if the driver offers to give you insurance information, phone number, business card, address, mother’s maiden name, or cash on the spot—trust me: No matter how gracious and apologetic the driver is, and even if right then and there they are admitting fault, remember this: everybody lies to protect his or her own interests. No one willingly gives up money and sees their insurance rates go up if he or she can help it. Furthermore, if you want to deal with an insurance company, you are dealing with a mechanism built up specifically to deny you what you deserve: the default is to deny claims, and bet on the fact that you won’t be persistent. At best they will try to push you into an early settlement. Read the Rainmaker: it’s really not that unbelievable.
By calling the police, there will be an official record of what happened. Then refer both your and the driver’s insurance companies to the police report. The police will take statements from both parties, so if any admission of guilt is made, there’s no going back on it without an uphill battle. Collect as many witness statements as you can.
When making your own statement, stick to the facts and do not editorialize. Saying, “I think I am/my bike is ok” is tantamount to forfeiting any future claim. After any accident, you and your bike both need the attention of someone professionally capable of making that claim. In all likelihood, once the adrenaline or shock wears off, you’re going to be rather sore. Bike accident pain is like a sunburn: it only manifests itself well after the damage is done. Same with the bike: it may seem fine on the surface, but in fact there may be damage—something irreparably cracked or loosened that will cause a serious accident, and one that you will therefore be liable for. I strongly encourage everyone who is involved in an accident, therefore, to get checked out by a doctor and the bike to be looked at by a mechanic before any assessment is made.
Another thing everyone should do is take pictures. Everyone has a cameraphone these days. And you should never be riding without your phone. Capture your injuries. Capture the license plate of the car. Capture the state of your bike and the mise en scene of the accident. Redundancy is good. Redundancy is good.
Follow up within 24 hours. The less time sorting the situation out takes, the more likely you are to receive compensation. Don’t give up when seeking recompense. It is a battle of attrition sometimes, but it is a winnable battle with enough determination. Don’t despair. Don’t give up hope. Don’t take it lying down.
Accidents are painful. But the aftermath can be made much less so by taking the proper steps to ensure that you don’t get screwed over. Best of luck out there.
