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https://www.ktvu.com/news/oregon-cou...-passing-truck
Quote:
preliminary investigation found that the two bicyclists and the truck were all going north on the roadway when the load of lumber shifted on the flatbed and struck the bicyclists, said CHP Officer Vince Pompliano.
x3, so glad man. i hope her insurance drops her.
serz. if not for your spidey skillz you would have had some body damage.Quote:
Originally Posted by ex-powderbroker
in 2004 i got run over on my road bike in Jupiter FL (actually the guy hit us both!) by a uninsured 3rd rate landscaper towing a small trailer. Buddy broke his femur and something else and i was spared the bones, but had soft tissue damage which took a while to heal. That's the last time i did any road biking. even on the enduro bike i stay off the roads as much as possible......trees don't move.
Me too. Holy shit! Happy your reflexes are sharpQuote:
Originally Posted by Bunion 2020
Keep us posted about how this all turns out.
WTF does "the lumber shifted" mean? It fell out of the truck and hit the couple? That seems most likely but the article never actually says. But the haphazard way some idiots pile unsecured loads into flatbeds is scary, even if you're in a car.Quote:
Originally Posted by klauss
DTM glad you didn't end up a pancake. Scary.
You have a lot more class than I do. Well done, glad you saw it coming.Quote:
Originally Posted by Dantheman
Thanks, guys. Spidey skills and being lucky there wasn't a car waiting for the light in the adjacent lane. May have not have been able to get far enough out of the way and got squeezed between.
It's insane that you can do something that egregious and be free to go afterwards. Should have been arrested on the spot and charged with reckless endangerment.
Jesus Dan. Glad that turned out ok.
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Dang Dan. Congrats on a successful game of frogger. Hope you at least get a nice bike out of it.
Holy hell dude. Glad you came out physically unscathed.Quote:
Originally Posted by Dantheman
I'm pretty sure Dan is part cat, and down 1 life now.
This is going splendidly so far. Called her insurance agent Monday, was told their system went through some kind of update over the weekend that glitched and they were unable to process any claims at the moment. Called back Wednesday, was told the same and given a corporate claims number I could try. Called that number this morning, got a recording that said, "We are currently expecting technical difficulties so you may encounter longer than usual hold times. There are currently 27 callers ahead of you." Texted her directly after that asking if she had filed a claim yet, 5 hours and counting with no response.
Damn that sucks Dan, glad you’re ok though!
Did any part of your body get hit by the car at all?
Super frustrating, mg.
Any chance you have home insurance that covers your bike? Maybe call them with the police report number to see if they can get things moving? (just spit balling, I have next to no clue how these things work)
Insurance claims are all about persistence. Part of their business plan is claim attrition thru process delays
Nope, no contact, albeit by centimeters. The other lucky thing is that I run flats on my commuter so I don't have to worry about special footwear. Had I been a serious roadie with clipless odds are I wouldn't have gotten out of the way in time.Quote:
Originally Posted by beaterdit
Maybe. The whole fam flew to Kauai on Tuesday so I'm trying to avoid dealing with this crap on the trip.Quote:
Originally Posted by Thaleia
Glad you are ok. Holy shit. But, yeah, flats for the win!Quote:
Originally Posted by Dantheman
Got through on the corp line. No evidence she had tried to file a claim yet. I started one on her behalf. So far all signs pointing to her being a fucking slimeball.
As a courtesy I forwarded her the info they sent me for the adjuster they assigned to the claim. After ghosting me all day she texts right back with her attorney's contact info saying if I need to speak with her further "please" go through them. Wow.
Make sure you call the attorney, get their email, and send them frequent messages seeking status updates. Easy way to run up her bill a tenth of an hour at a time. Her insurance isn't gonna pay that, so that's a straight forward asshole tax on her.Quote:
Originally Posted by Dantheman
Well you’ve got her scared now. She either wants to cover her ass or fight you. Maybe both.
This is crazy, so glad you slipped aside!
Road pedals and shoes are fuckin scary. I've been riding clipless for almost 30 years and road pedals give me problems.
If you start a claim with your insurance company they'll likely put the pressure on hers and do all the work? Either way, maximise the asshole tax. Enjoy your vaca!
You are uninjured, correct?Quote:
Originally Posted by Dantheman
So if i am getting this straight, she is willing to pay her attorney a few grand out of pocket, plus have her insurance pay you out... all over a commuter bike that even if you hammed up to the adjuster would cost no more than $2k?
And FWIW, i 100% agree with Toast... constantly email and call the lawyer for status updates, that you need X/Y/Z forms filled out and sent over, oh and by the way you need it faxed, which they will have to send someone to do because most places dont actually have fax machines anymore (but then you didnt recieve said fax so they need to do it again). Basically, find a way to make that lawyer rich, one 15 minute email response at a time. If you need any tips on how to run up a lawyer bill, read through the Tammy Wynette thread. Of course maybe this lady (or her family) are big ballers and have lawyers on retainer in which case it doesnt make a difference.
Actually now that i think about it, maybe she thinks you could be some scummy dude on a bike trying to extort her by offering to "settle out of court" in future correspondence? Were you especially disheveled looking at the time of the incident?
Sorry to hear about your accident. Glad you are OK. Bummer about your $13k Sworks getting smoked in the process.
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Best comment yet!Quote:
Originally Posted by Iowagriz
Yes, completely uninjured. I looked quite respectable at the time. Fresh haircut that morning actually, wearing a relatively nice t-shirt and shorts. Since AC was only two blocks away waiting for the soccer game to start AC came to the scene and this lady also got to see my distraught wife.
While I love the idea of racking up her lawyer bill, I don't think it would amount to anything that will phase someone driving a 2017 Cayenne. It just makes me look like an asshole and right now I feel like I hold all the cards in this situation. Best to just wait for the adjuster to call and tell them the story in detail.
This isn't even about money at this point since so far she has shown zero interest in doing the right thing here. She'd have to offer me a rather large sum to drop the claim, and even then I might decline it on principle. This is now about fully informing the insurance company about her actions and hopefully getting her rates jacked to the moon and maybe even dropped or becoming uninsurable. Coincidentally, we have the same insurance company so that would also seem to be in my favor.
I'm also starting to ponder making a call to the county DA's office when I get home.
If you aren’t worried about lawyer bills being a burden, her insurance increases may not be either. It is likely very hard to do, but try not to make it personal. Be thankful it wasn’t worse and hopefully get a great bike in return for your near death experience. You have a great life in the mountains. I doubt she is near as happy.
https://www.instagram.com/reel/Cy8Ko...RpYmQycm16MTIw
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Update: Insurance payout received this morning. I won't disclose the amount, but suffice it to say that I am satisfied with the outcome. New bike and accessories currently inbound. Should probably find a new lock that's more secure than the combo cable lock I was using, but anything that offers real security seems to weigh more than the bike itself.
Just got the police report, here's the statement she gave to the officer:
"I spoke to the Driver, XXXXX, on scene. XXXX stated she turned left from 9800 S onto 4000 W and ran into the bicycle. I asked XXXX if she saw the bicyclist before turning left, she stated she saw the bicyclist right before she hit him. XXXXX stated she was going about 5mph when she hit the bicycle."
Impact speed was more like 25 mph. What a lying and/or clueless cunt. The report states she was cited for "5499-77 TRAF-ACCIDENT INVOL PEDESTRIAN", but I cannot find this offense anywhere in Utah's code list (https://dld.utah.gov/wp-content/uplo...-Code-List.pdf). "FTY ROW to a pedestrian" is 60 points and goes on your record for 3 years, so I figure she got that at a minimum. Fuck this "No Harm, No Foul" bullshit.
That you got anything at all and that she (likely) was cited is a miracle. Drivers routinely kill cyclists with no repercussions. 'Muhrica!
What do you think would be a fair punishment?Quote:
Originally Posted by Dantheman
Also interesting that the code violation seems to treat a cyclist as a pedestrian. I thought cyclists were viewed as vehicle traffic by law?
6-month DL suspension and maybe a reckless endangerment charge.Quote:
Originally Posted by californiagrown
Quote:
Originally Posted by Dantheman
The cop probably should have pistol whipped her and then shot her in the middle of her face. JUSTICE!!!!!1!!1!!1!!!!!
[/eyeroll]Quote:
Originally Posted by Touring_Sedan
"An actor commits reckless endangerment if, under circumstances not amounting to a felony offense, the actor recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another individual."
Sure fits to me. It's only a misdemeanor. I'd also bet every dime that she was on her phone and lied about it.
I’m sure it might be different if you were hauled off in an ambulance.
Take the new bike and intact body and be happy.
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Yup, at the least you should have taken a dive like a euro football players. And then complained of neck pain for at least a couple weeks. Wish I had taken a dive at least once the three times I was hit by vehicles during university. Could have maybe paid off my student loans much quicker.Quote:
Originally Posted by Elkhound Odin
"Creates a substantial risk of" not "results in", but I digress.Quote:
Originally Posted by Elkhound Odin
Assuredly that would be the case. But, that's the problem here, isn't it? Lack of accountability is how we end up with a culture of death that leads to almost 10,000 dead pedestrians and cyclists every year.
I'd also have a different attitude about this if she had shown an inkling of remorse about her actions or made any attempt to do the right thing here.
Her lawyer told her the previous time, “Never admit wrong or remorse.”
It’s the world we live.
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Indeed. I'd have a hard time living with myself if I didn't apologize to the person I almost killed.
I'll stop now. To be clear, I'm very aware that this has actually worked out quite well for me. But, given the choice I would much rather just finish my ride to the soccer game and still be riding my old bike.