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  1. #1

    Default Collision Between a Bicycle and an Open Car Door

    My question involves an injury that occurred in the state of: CA
    I was riding in a designated bike lane when a young man opened his car door into the lane. I struck the door
    And fell off my bike. Cops were called ambulance came. I declined ambulance and med attention
    But went to Dr next day for multiple scrapes bruises and cuts. I hit my head on pavement and was not wearing a helmet.
    Police report revealed that young man was at fault he got a citation from cop. Police report also revealed he was on cell phone (18 year old) and had a medical marijuana card with marijuana in his possession in car.
    I contacted a lawyer (a friend) who said get 3x med bills, and write a demand letter. I haven't finished the demand letter or sent it yet. The insurance co just called and I said Leave your info for my lawyer to contact. What now?

  2. #2
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    Default Re: Into Car Door on Bike Accident

    Quote Quoting Fortyinphoenix
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    My question involves an injury that occurred in the state of: CA
    I was riding in a designated bike lane when a young man opened his car door into the lane.
    Were you riding in the designated direction for traffic? In other words, were you on the right hand side of the roadway in the bike lane?

    Police report revealed that young man was at fault he got a citation from cop.
    What code section was he cited for? Was that the same as the code section cited as the PCF (primary collision factor) in the report?

    Police report also revealed he was on cell phone (18 year old) and had a medical marijuana card with marijuana in his possession in car.
    Not likely a factor if the car was not moving when he opened the car door.

    I contacted a lawyer (a friend) who said get 3x med bills, and write a demand letter. I haven't finished the demand letter or sent it yet. The insurance co just called and I said Leave your info for my lawyer to contact. What now?
    How much are your medical bills? If they are extensive enough, you might want to consider hiring an attorney. If they are small and there are no lingering issues, then you might have to see about negotiating the best settlement you can. If your friend the attorney can advise you, that might be a good idea.

  3. #3

    Default Re: Into Car Door on Bike Accident

    Thank you all for responding.

    Yes I was riding in the correct direction and yes the car was parked when it happened. I don't have the citation # but it was something to the effect of not looking before opening car door when safe to do so. Went to the dr next day and spent about 120.00 on services and pain meds.

    I need advice on whether I should pursue this w/an attorney or not. And how to put a monetary value on what happened.

    Thank you all for your feedback and interest!

  4. #4
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    Default Re: Into Car Door on Bike Accident

    Quote Quoting Fortyinphoenix
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    Yes I was riding in the correct direction and yes the car was parked when it happened. I don't have the citation # but it was something to the effect of not looking before opening car door when safe to do so.
    That's good.

    Quote Quoting Fortyinphoenix
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    Went to the dr next day and spent about 120.00 on services and pain meds.
    What was the date of the accident?

    How do you feel now?

    Have you needed any further treatment or incurred additional medical expenses?

    Did you lose any time from work for which you didn't get paid.

    How's your bike?

    Quote Quoting Fortyinphoenix
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    I need advice on whether I should pursue this w/an attorney or not. And how to put a monetary value on what happened.
    I can give you some guidance on that. First thing you have to know is that $120 on meds and minor injury is not worth much and you probably can handle this yourself without an attorney.

    Important question: Have you had any contact with the driver's insurance company and what was the discussion, if any, about? Do you have a claim number, claim rep name and phone number?

    Answer all of the above questions and we'll continue this discussion in this thread.

  5. #5

    Default Re: Into Car Door on Bike Accident

    Thanks!
    The citation # is 2215 CVC Open door into bicyclist..Infraction.


    What was the date of the accident? 11-8-2013

    How do you feel now? Have some neck pain, and knee still kinda messed up ok to walk but still tender to touch.

    Have you needed any further treatment or incurred additional medical expenses? I should, but honestly I don't have the upfront money. I should have gone in ambulance but no med insurance and didn't want the bill.

    Did you lose any time from work for which you didn't get paid? No it happened on a friday...then weekend came.

    How's your bike? Bike fine, but clothes I was wearing ruined.


    Important question: Have you had any contact with the driver's insurance company and what was the discussion, if any, about? Do you have a claim number, claim rep name and phone number?

    Yes, the insurance company called me last friday. The lawyer friend I spoke to told me not to talk to them...to send them to him. So I got all the adjusters info and said someone would be in touch.

    Thank you for your continued interest.

  6. #6
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    Default Re: Into Car Door on Bike Accident

    Quote Quoting Fortyinphoenix
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    What was the date of the accident? 11-8-2013

    How do you feel now? Have some neck pain, and knee still kinda messed up ok to walk but still tender to touch.

    Have you needed any further treatment or incurred additional medical expenses? I should, but honestly I don't have the upfront money. I should have gone in ambulance but no med insurance and didn't want the bill.
    That could give you a problem with your injury claim. In our legal system the injured party is required to mitigate his monetary damages. If you could have recovered sooner with proper medical care your damages would be less than it's taking now.

    Example: If pain and suffering is valued at $1000 per month (YMMV) and it takes you 4 months to recover without proper medical care it could be argued that it should have taken only 2 months to recover with proper medical care that you didn't want to or couldn't pay for. Then if you are asking for $4000 for pain and suffering the claim rep could make that argument and offer $2000 for pain and suffering, especially since you only have $120 in medical bills.

    I suggest that you have periodic visits with your doctor for followup. Doesn't have to be very often. Every two to four weeks ought to do it so that his records reflect your medical condition and progress since that is what you will have to provide to the insurance company once you are fully recovered and ready to quantify your claim.

    Quote Quoting Fortyinphoenix
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    Did you lose any time from work for which you didn't get paid? No it happened on a friday...then weekend came.
    OK.

    Quote Quoting Fortyinphoenix
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    How's your bike? Bike fine, but clothes I was wearing ruined.
    Damage to your clothing is compensable but at Actual Cash Value (Replacement Cost less Depreciation)

    Quote Quoting Fortyinphoenix
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    Important question: Have you had any contact with the driver's insurance company and what was the discussion, if any, about? Do you have a claim number, claim rep name and phone number?

    Yes, the insurance company called me last friday. The lawyer friend I spoke to told me not to talk to them...to send them to him. So I got all the adjusters info and said someone would be in touch.
    Unless your lawyer friend is going to help you for free (ask him) I don't think your claim is going to be big enough to be worth giving a third of it to your lawyer. But that's up to you.

    At this point there's no reason to talk to the adjuster because you are still recovering. But there's also no reason to hire a lawyer at this point until you see which way the wind is blowing.

    At the moment I suggest sending the adjuster a letter simply saying that you were injured and you'll be back in touch when you have recovered. One sentence, no need to get into any other issues. No need to mention lawyer at this point.

    Then just take care of yourself, recover from your injuries and when you've been pain free for at least a month you can seek compensation.

  7. #7
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    Default Re: Collision Between a Bicycle and an Open Car Door

    What now about what?

    The demand letter?

    The phone call?

    How much to ask for?

    Be more specific about what you want to know.

    Also be more descriptive about how the accident occurred. I'm having a problem visualizing the accident unless he was stopped and opening his passenger door several feet away from the curb. And that doesn't make sense.

    PS: Your friend must be a very old lawyer or a clueless one because that 3x bills formula went out the window 30 years ago. Injury claims are quantified based on their individual parameters and not by formula.

  8. #8
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    Default Re: Collision Between a Bicycle and an Open Car Door

    Quote Quoting adjusterjack
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    Also be more descriptive about how the accident occurred. I'm having a problem visualizing the accident unless he was stopped and opening his passenger door several feet away from the curb. And that doesn't make sense.
    There are bicycle lanes set up in many communities that are set several feet away from the curb such that a vehicle could be parked along the right hand curb and open the driver's door into the bike lane along that same side of the street.

    One new law set to go into effect next month is going to be a boondoggle ... we have to give cyclists a 3' gap when passing them so long as we don't cross a double yellow line. This is going to make for some very congested roads in some of the mountain areas and some of the more scenic byways out here as you can't safely pass under these conditions in many areas. Ugh.

  9. #9
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    Default Re: Collision Between a Bicycle and an Open Car Door

    Quote Quoting cdwjava
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    There are bicycle lanes set up in many communities that are set several feet away from the curb such that a vehicle could be parked along the right hand curb and open the driver's door into the bike lane along that same side of the street.
    Now that you mention it, I've seen those here in Phoenix. They don't make sense to me but now I can visualize the accident and the driver would likely be at fault for opening the car door in front of oncoming traffic whether a bike hit the door or a car hit the door.

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