Conference noted::bicycle

    If your friend was riding legally, and filed a police report, he's
    likely to be fully compensated.  If not, he may have to pay for
    the damage he did.
    
    MATT

        I'm not a lawyer, so the following advice is worth approximately
        what you're paying for it, but...
        
        The only way he could wind up paying for the damage to the car is
        if the driver (or the driver's insurance company) sued him and
        won.  That could happen whether he attempts to recover his loss or
        not, and whether he has insurance to cover the incident or not.
        (Your failure to have liability insurance does not protect you
        from being found liable for someone else's loss.) 
        
        Unless he's got a rider on his automobile insurance that covers
        him while he's riding a bicycle, then there's no reason for him to
        take this to his auto insurance company.  They probably do not
        insure him in this case.  (BTW, he needs to check his homeowners
        or renters policy, too, as it might cover this, but probably does
        not.  He may also have an "umbrella" coverage.) 
        
        Was the driver cited by the investigating police officer for
        having caused the accident?  If so, he should have NO PROBLEM
        getting a property damage claim paid by her insurance company. 
        
        Even if not, he should (if he has not already done so) get the
        driver's insurance information and file a claim.  If the driver's
        insurance company is not willing to settle a reasonable claim,
        then he will have to bring suit to recover his loss, both for
        his medical injuries (including possibly pain and suffering)
        and the property damage to his bicycle.
        
        The BEST way to bring suit, if necessary, might be in Small Claims
        Court, but he could also get a lawyer (particularly if he was
        injured) and bring suit through the regular channels. 
        
        Tom

    All bike-car accidents I have ever heard of are written up in police
    reports to make the bicycle look in the wrong. e.g. Car way over
    center line on ampley wide blind corner = cyclist not in full control
    of vehicle.
    
    There are some cyclists that probably should be shot on sight for
    dangerous riding habits, but I don't see this as an excuse to take
    it out on all cyclists.
    
    The particular cases of biased reports I am familiar with were in
    Maryland and California.
    
    Maybe handle situations where the car was in the wrong by ripping
    their doors off and hobbling from the scene before the police arrive,
    to get some satisfaction at least.  ;-)
    
    Thom

	Re: .0

		Let me add to my original note, I talked to him again
	when I got home last night. I tried to make the situation a little
	clearer in my mind. This is what happen:

		He was traveling at about 15MPH going up a small hill, the
	traffic was stopped. As he was passing the cars on the inside near the
	curb, a car stopped to let another car cut into the line. The car 
	was coming from a parking lot on that side of the road, Cutting right
	in front of my friend, he flew over the hood of the car. Got a broken
	finger and some minor scraps.
		 The driver was male, Hispanic and spoke only a few words of 
	English. My friend, being in the state of shock agreed verbally that 
	they would take care of there own damages. When he got home and 
	realized what had happened, gave me a call for some legal advise, not 
	being a lawyer, now ask the DEC world to point us in the general 
	direction. The police where not called, so he was suppose to file a 
	compliant last night, a day after it happened. I haven't confirmed he 
	did or not. 
		He was also suppose to call a lawyer today and ask for some 
	free advice, I know some lawyers will listen to a problem and if they
	think they have a easy win, will take the case on a win only basis.
    
    		He was riding with another friend at the time so there is a
	witness. Where just not sure if he was in the right or the wrong....
    		Another thing, I'm not sure if his car insurance covers bike
	accidents, I'll have to ask him.

				Mike

    I was in a bike/car accident two years ago. Here's some suggestions
    from my experience.
    
    1) Get a copy of the police accident report. (BTW, not all cops
    right up cyclists as in the wrong; the cops in mine did not.)
    
    2) Get the name of the driver's insurance company.
    
    3) KEEP RECORDS!!! Any money you spend as a result of the accident,
    even down to to level of Band-Aids for leftover scrapes, KEEP!
    
    4) GET A LAWYER!!! Be sure to get one that handles personal injury
    and is board certified to handle P.I. cases.
    
    5) If there are any witnesses, get them to make a statement.
    
    Your friend is quite lucky. When I was hit, I had several bones
    broken in my right foot and my right kneecap was broken in 8 pieces.
    Justice did prevail; I did get a settlement and my leg is back
    together. The system can work but it requires you work too.
    
    Gary

Doesn't sound to good for your friend. A bike is considered a car on the road.
therfore, if your friend was passing other parked cars at an intersection
then HE/SHE is doing wrong. If you look at the drivers point of view; 
someone let him into the road so he expects it to be safe. Although I 
sympathize with your friend people just don't look out for bikes when
there right in front of them, let alone look out for them when other 
driving skills take precidence. If you friend was just riding along the road
and this guy pulled out in front of him then it would be a different story.

just my $ .02 worth
(insert usual disclaimers here)

mano

>            Unless he's got a rider on his automobile insurance that covers
>        him while he's riding a bicycle, then there's no reason for him to
>        take this to his auto insurance company.  They probably do not
>        insure him in this case.  (BTW, he needs to check his homeowners
>        or renters policy, too, as it might cover this, but probably does
>        not.  He may also have an "umbrella" coverage.) 
>

    
    Does anybody out there carry bicycle coverage?  If so is it a separate
    policy, or attached to one of the above.  I've heard that insurance
    companies are not very found of cycling.  I would expect that riders
    of some of the fancier machines might be worried about the possibility
    of losing it all tomorrow.  Any details would be appreciated.
    
    Thanks 
    
    JD
    

    Well, I have a policy on one of my bikes.  Last year I bought
    my first bike (effectively), a $600 Trek 1000.  I insured it
    as a separate item (as required by the insurance company).  
    Its theoretically covered against theft and accidents.  The
    big problem is the cost.  Its about $9/$100 per year.  Since
    I ride this thing to work I'm keeping it (even though I leave
    it in my car usually when I get here, it would be subject to
    the $200 deductible if it was stolen from there).
    
    Now, I've got a $2400 custom bike.  Insuring it would be very
    expensive and I'm at a loss.  I'm going to be riding it on
    all long rides this year and I have no coverage.  I don't want
    to go insurance poor so I haven't done anything about it as
    of yet.  One option I'm considering is insuring it and simply
    cancelling that come October since it will just be sitting in
    my house covered.  Somehow it seems worth it to me.  The loss
    of this thing would just kill me. 
    
    its covered while
    in my car 

    
    	Its my understanding that in Massachusetts bicyclists are part
    of the populace of  "Uninsured drivers"  that motorists are obliged
    to cover themselves against accidents with.  That being the case
    don't worry a damn about the damage to the car, but go for damage
    to self and bike.
    
    	Reg
    

> Doesn't sound to good for your friend. A bike is considered a car on the road.
> therfore, if your friend was passing other parked cars at an intersection
> then HE/SHE is doing wrong. If you look at the drivers point of view; 
...
> mano


	Actually, the law specifically allows bicycles to
	pass on the right.  Mass chapter 85 section 11B
	paragraph 1 says "the bicycle operator may stay to
	the right when passing a motor vehicle which is
	moving in the travel lane on the way".

	I think that this law should be repealed.

	Passing on the right serves to put the bicyclist
	where no one expects a vehicle.  It is particlarly
	prone to cause accidents in the case of vehicles
	making right turns from a red light.

	No doubt the law was written to "protect the kids".
	In actuality. it causes more accidents.  The proper
	place to pass is on the left.

	-Jeff

re .10

	I stand corrected!! But still agree with you that motorist's
don't expect someone on a bike to come up on there right. I am curious
though about Reg's reply, sounds like MA makes the driver of the car
at fault no matter what!

mano

    I have a renters insurance policy that covers anything that happens
    to my bike (i.e. theft, accident, etc.) and it didn't cost any extra.
    The only exception is that I'm not covered while racing.  I had
    to check around to get this policy, but in the end it cost the same
    as any other policy.  The company is Farmers.  By the way,  the
    policy also covers me for any damage I do other peoples property.

    My Homeowners  insurance (VIP Plus from METPay) covers my bicycles
    (after the deductible of course) and any liability from their use.
    I'm  not  entirely  sure  how  much  coverage I have for damage to
    someone  else's  property,  but  the  bicycle  and  other people's
    medical  bills  are  clearly  covered.  There  was no need for any
    additional rider for this coverage.

--David

    RE. many
    
    I beleive that in car/bike accidents the bicycle is treated as a
    pedestrian.  Also I've never had problems with police reporting
    the accident in my favor.  The big problem here seems to do with
    leaving the scene of an accident, this is in some places punishable
    by removal of license.  
    
    
    Joe

    I find it hard to believe that auto is not at fault.  Just because
    another car waves you the right of way, that doesn't mean you can
    pull out in front of trafic without looking.  I would think it was
    the automobile driver's responsibility to be certain that he was
    not pulling out in front of another vehicle/pedestrian.
    
    /Jim Pappas

    
    	Well, I wanted to take a second to thank the people who responded
    	to the original problem in this note "Bike Accident's". My friend
    	didn't what to take any action. He didn't even fill out a police
    	report. I gave him all the information I could after read your
    	responds, but he just didn't care. I don't know, seems to me
    	he's being an %%%hole about all this, he just isn't taken is
    	seriously. You have to understand he's only 20 years old and
    	still living a home, so he's a bit yellow on matters of these
    	kinds. As far are insurance goes, he has none (except for his
    	car). He he told me that his car insurance will go up if he
    	reports this accident.
    	I'm washing my hands, and I'm gonna stay out of his way. I was
    	only trying to help him. Guess there still some people that
    	just don't apprieciate help any more.
    
    	Well, thanks again....
    			Mike
    	 and

        Jim, I think you're wise to let it be.  However, just for the
        record, your friend should be aware that, in most states, the
        law for motor vehicles (e.g., cars) applies to bicycles as
        well.  This includes the provisions about leaving the scene
        of a personal injury accident, failure to report a property
        damage accident, and the like.  Since your friend is 20 years
        old, he'd be tried as an adult if this came to the attention
        of the police and they decided to get nasty about it.
        
        Tom

You know, the almost exactly the same thing happened to me eons ago...
right down to the hispanic driver!!

I wasn't hurt (I went over the hood) and the car was not visibly damaged
and there was only limited damage to my Grand Prix (that was two frames ago).

But that stopped me from passing on the right except in limited circumstances:
      - at a "walking" speed (less than 5 MPH)
      - when cars are stopped

You are right:  The law says that passing on the right is legal for bicycles.
But the driver was also obeying the rules of the road.  So here is great
territory for lawyers!!

That law should be repealed.  Massachusetts is one of the few states with
such arcane laws.  All road users need to follow the same rules!

BTW, the L.A.W. (see other notes on the L.A.W.) does offer some
legal assistance to injured cyclists... but since
in this case the cyclist was not obeying the Uniform Vehicle Code (not fully
adopted by Massachusetts) they will probably not be a lot of help.
               --tom

> You are right:  The law says that passing on the right is legal for bicycles.
> But the driver was also obeying the rules of the road.  

	The driver who hit the bicycle was in the right ONLY IF THE
	STOPPED DRIVER WAVED HIM THROUGH.  If the stopped driver waved
	him through, THE STOPPED DRIVER WAS RESPONSIBLE.  At least
	that is how I learned it in drivers education class.  If you
	wave someone through, you are not just giving up your right
	of way, you are taking responsibility for their safe crossing.

> All road users need to follow the same rules!

	The only differences in Massachusetts law between bicycles and 
	motor-vehicles is that the bicycle is not allowed on some
	limited access highways, the bicyclist may signal a turn
	with either hand, and the bicyclist is allowed on sidewalks
	outside of business districts.

	I can see that keeping cars off the highways might be a good idea
	but I don't think a signal with the right hand would be
	visible enough through the rear window and I certainly wouldn't
	want cars on the sidewalks.  :-)

    re: All of the previous replies by, I assume, bike riders that want
    to repeal cyclists being able to pass on the right.
    
    
    Are any of the aforementioned people, bicycle commuters? Or is traffic
    that much lighter in your part of the world? If I didn't *very
    carefully* pass on the right I would never be able to justify my
    bicycle commute with the added time, besides the extra exhaust fumes
    I would soak up. 
    
    Am I the only person that doesn't get to meander down quiet country
    roads on my bicycle commute?? :-)
    
    Also as far as equal rights. Why do cars get to cross the double
    yellow line to pass cyclists??
                                     
    Thom

Even though the person to whom this accident happened has decided to "let it
go", I think having had the discussions here has helped many of us...so it's
been worthwhile.

                         ----------------------------

I pass on the right!  I do this only when conditions are perfect for it:
    
    1.  I'm going slow.
    2.  Traffic is stopped or going slow.
    3.  I can clearly see everything that's going on around me.
    4.  I'm sure that the automobile drivers are paying attention, or are
        least likely to see me if they are about to make a quick manuver
        (like, perhaps, pulling out to the right to do their own "passing on
        the right").

I ONLY do this if I very sure I'll be save...AND THAT I WON'T ENDANGER ANYONE
ELSE.

                         ----------------------------

I didn't know that if you wave someone on you're taking on responsibility for
their driving.  I always thought it to mean "OK, I've stopped...so you can
pass in front of me...I won't crash into you...but I won't guarantee that
everyone else in the immediate area agrees...so look both way, OK!!!"

...so maybe I'll be more careful when I wave someone on next time!

Dick

    From rather embarrassing personal experience, I'd have to say that I
    don't think that when you wave somebody through, you're taking
    responsibility for their driving.  One time I stopped in my car and
    signalled to make what I didn't know was an illegal U-turn.  A van
    driving the other direction stopped to give me a chance to make it.  As
    I was turning, another car passed the van on its right, and I hit it.
    I was declared to be at fault in the accident.  The van driver couldn't
    make my maneuver "legal" by encouraging it. 

    
    MATT

    
    I just called my insurance company and asked if my bikes were covered
    on either my homeowners, or my car insurance policy.  The answer
    was no, and they have no policy's that will insure bikes.  They
    have never heard of such a thing!  They don't have any sort of policy
    to handle that!  They asked "Do you mean motorcycles?????"
    
    One other point.  YOU NEVER EVER TAKE RESPONSIBILTY FOR ANOTHER
    DRIVER WHEN YOU WAVE THEM ON!  
    
    Stew
    

    
    Last nights Lawrence Eagle-Tribune had an account of a bicycle accident
    on Sunday that took the life a 47 yr old Haverhill, Ma. man.
    Apparently, he was going down a hill at 30mph when a pickup truck
    exited a side street to cross.  The cyclist hit the P/U  sideways and 
    was pronounced dead on the scene.  He was wearing a helmet and other
    protective gear.  No citation was issued to the driver.