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What Did I Do Wrong/What Can I Do?

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Old Sep 7, 2009 | 10:49 AM
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Went out for a short ride on Friday on a local route that I do often. I was coming up on an intersection preparing to turn right. This was on a city street, one lane in each direction, T intersection with the T to my left. It is a busy intersection on a cutthrough street, with a curve to the right, so I always slow down, put it in first gear, watching traffic from the other direction that might be turning left, and traffic coming out of the intersetion to the right. I put on my blinker, check my mirrors and get ready to make the slow turn. Then, bam, a car clips me on the right side and stops ahead of me on the other side of the intersection. I got me feet down and kept the bike upright (2009 Street Glide). I pull up behind the car on the other side of the intersection. It is a 66-year old woman and she is going on about how she had the right of way. I said, lady, I had by blinker on and was making a right hand turn from the only lane and you passed me on the right, I can't see how you had the right of way. She calmed down and said she would pay for any damage. Cops show up and asked me what happend. I told them I was making a right turn and that she was passing me on the right and hit me. They then ask her what happend and she says that she was in front of me and that I went arond her and then cut her off. The cop says that both of our stories are plausible (yeah her's is if I don't care about my bike or my health) and there are no witnesses and looks to be under $1000 in damage so no accident report is required and it might be best just to pay for repairs and not worry about deductible. We exhange info and I ask her if there is damage to her car. We look at the driver's side and there are scrapes on front bumper, rear bumper, some dents near rear fender. None of these wrere fresh and obvioulsly none from hitting my bike. She goes on about how she has more damage than I do.

My bike has a bent 360 highway peg mount, scrape on highway bar (probably from her tire), bent highway bar, dent in fork slider cover, and tab on frame where center screw from highway bar attaches is cracked and bent.

I was resigned to just paying for repairs and not filing any reports, and hoping that she does not file any false reports (I would not be surprised if she starts claiming medical injuries, but my guess is that she would like to see this not reported.)

So, could I have done better to avoid this injury. Maybe I should have been looking over my shoulder while making a right turn, but there was already a lot to worry about at this intersection. And, now I am thinking of filing an accident report and sending a letter to my insurance company (Progressive) to see if I can win this thing. My dedcuitible is $1,000, so I am not going to get anything unless it is her falult and her insurance pays. I guess I risk having it found 50% (or worse) my falut and having to pay plus see my premium increase. It is really more about this woman lying, and being dangerous, than the money at this point.

Anyway, thanks for letting me vent, and I would appreciate any thoughts on what I could have done better here and on wheter or not it makes sense to pursue this with my insurer.

On the bright side, given the nature of this accident, it could have been a lot worse for me and for my bike.

Ride safe.
 
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Old Sep 7, 2009 | 10:57 AM
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I don't think you could have done anything different other than scanning your mirrors. As for her actions, you just can't fix stupid. I have seen several older people have some pretty screwy perceptions about accidents.

Personally, I would file it with my insurance and have the bike checked out to make sure you don't have any frame damage. I wouldn't reward her lying *** by paying for it when you were in the right.
 
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Old Sep 7, 2009 | 10:58 AM
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The parts on your bike that are bent. Which direction are they bent in, forward or backward? Bent backward, you hit her as you were passing. Bent forward, she hit you as she was passing. You should probably have looked at that & had the police confirm the directionality at the scene. You still might be able to use it if you can locate the officer that responded..........
 
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Old Sep 7, 2009 | 10:59 AM
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A$$ holes come in all ages and sexes. One just got in your right of way, thats all that happened. I don't see how you could have done much better. ---- Do what ever ya think ya have to do, so that you can live with yourself. ---- I would most likely want to visit wath a lawyer for some GOOD information about the situation!
 
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Old Sep 7, 2009 | 11:06 AM
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Were you still approaching the turn and preparing to move to the right to make the turn? I'm unclear on this part but that's how I read it.

From what you describe you're probably the most at fault for making an unsafe movement to the right before it was safe to do so - there was a car there and it had room to get by you on the right as it also approached in preparation for the right turn. With all the distractions you mention you were busy watching all other possible traffic concerns and this car ended up next to you at the exact wrong time for you to begin setting up for the turn.

In Calif at least when you make a right turn you have to signal at least 100' prior and then make the turn from as close to the right hand curb or edge of the roadway as possible. As an example: I've seen cases where a bicycle is on the right edge of the road (going straight) that the car did not see and when making the right turn the bicycle strikes the car. The car is at fault in this case because a BICYCLE was there and obviously the car was not as far to the right as it could have been if a bike struck the car during the turn.

It happens, one of those things you learn from. The only thing that matters is you're OK and will live to ride another day so chalk it up to experience.
 
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Old Sep 7, 2009 | 11:13 AM
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In hind sight; it sounds like your only mistake was talking to her before the cops arrived! Chances are, if you would not have explained to her that you had the right-of-way; she might have ranted to the cop how she had the right-of-way and the case would have been closed. But who knows; hind sight is always 20-20!
 
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Old Sep 7, 2009 | 11:19 AM
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>>and tab on frame where center screw from highway bar attaches is cracked and bent.<<
This part is powder coated as is the frame and cannot be repaired as new......Stick to your guns and make them fix it right, if the frame needs welded forget it.
A frame out repair is nearly 3 grand.

Mark
 
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Old Sep 7, 2009 | 11:24 AM
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If I read it right, there is only one lane. If you were in the one lane and she was in the rear, she had no business passing on the right. She's at fault. File with your insurance company.
 
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Old Sep 7, 2009 | 11:26 AM
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I think you are screwed. If the cop didn't fault her at the scene, you are going to have a hard time convicing your insurance to do anything. Unless damage is a lot more than $1000.00, I would fix it and find the old lady. Seriously, with no witnesses, it is her word against yours, which really sucks when you are not at fault.
 
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Old Sep 7, 2009 | 11:39 AM
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take pics( of the intersection) if there is only on right turn lane and you bikes damage is in a forward direction you should be OK. also a lawyer will check the others driving record if they have multiple accidents recorded an other plus.
had something similar happen I took 24 pics of the intersection(disposable camera) Judge looked at em and said not at fault as I was the one that was cited for improper use of lane. Good luck were pullin for ua
 
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