The Chainlink

700k settlement from bike dooring accident.

http://www.dnainfo.com/chicago/20131106/lincoln-park/bicyclist-door...

Can someone please help me understand how the bike rental company had to pay anything, let alone more than 2x what the motorist who doored him did.

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Permalink Reply by Duppie on November 6, 2013 at 1:05pm

Why stop at kidneys?

http://www.nydailynews.com/life-style/health/americans-selling-hair...

Michelle said:

Quite frankly, I'd sell my kidney if it were legal. I'm so done with my loans.



Duppie said:

The rider's settlement was likely (in the neighborhood of) half of that, the rest goes to his lawyer and paying medical costs.

So you accept permanent head and leg injury for $350K?

Michelle said:

This sounds terrible but its the student loan debt talking: Ill get doored, for $700,000.

Permalink Reply by Michelle on November 6, 2013 at 1:07pm

All valid. Forget locks of love, I'm going Les Mis style.

Duppie said:

Why stop at kidneys?

http://www.nydailynews.com/life-style/health/americans-selling-hair...

Michelle said:

Quite frankly, I'd sell my kidney if it were legal. I'm so done with my loans.



Duppie said:

The rider's settlement was likely (in the neighborhood of) half of that, the rest goes to his lawyer and paying medical costs.

So you accept permanent head and leg injury for $350K?

Michelle said:

This sounds terrible but its the student loan debt talking: Ill get doored, for $700,000.

Permalink Reply by Demian March on November 6, 2013 at 3:15pm

I'm the owner of Lakeshore Bike and it is indeed an unfortunate outcome.  LSB's insurance company decided to settle this below my policy limit (this is my judgment with respect to my law degree and background) in order to make the most fiscal savings and expedience as an insurance defense is expected to do.

There is, of course, much more to the story, but I do not care to expose myself to further liability despite my "fat" insurance policy.  Let's be clear:  I'm not happy with this disposition, but I'll continue to keep the rubber side down.

For all of those that have read this and agree, I'll honor %50 ANYTHING from my shop this weekend to pay for legal fees.  PASS IT ALONG and let's keep the chain linked...

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Permalink Reply by Demian March on November 6, 2013 at 3:20pm

That's precisely what happened.

Duppie said:

In which case the settlement would have been $100,000, the likely limit on the drivers policy.

Remember, this is not about what is right (or wrong), but about getting the highest possible compensation for your client. Any insurance of any party involved is a potential source of money.

Carter O'Brien said:

The Divvy precedent crossed my mind as well.  Going after the rental company doesn't seem right to me either, if the rental bike had issues with the brakes or something that would be one thing, but this sounds like a textbook case of exploiting a loophole.  The fault should be squarely on the driver who opened the door.

Tim S said:

That is what I thought too Rich. Why is a company that has nothing to do with the negligence of the motorist and possible cyclist have any liability?

Horrible precedent when it comes to Divvy, no?
Permalink Reply by Felix Angelov on November 6, 2013 at 3:41pm

I will take a Specialized S-Works Prevail Helmet for 50% off, size Large. Thanks!

Demian March said:

I'm the owner of Lakeshore Bike and it is indeed an unfortunate outcome.  LSB's insurance company decided to settle this below my policy limit (this is my judgment with respect to my law degree and background) in order to make the most fiscal savings and expedience as an insurance defense is expected to do.

There is, of course, much more to the story, but I do not care to expose myself to further liability despite my "fat" insurance policy.  Let's be clear:  I'm not happy with this disposition, but I'll continue to keep the rubber side down.

For all of those that have read this and agree, I'll honor %50 ANYTHING from my shop this weekend to pay for legal fees.  PASS IT ALONG and let's keep the chain linked...

Permalink Reply by Carter O'Brien on November 6, 2013 at 3:48pm

Very sorry to hear about this.  I have no doubt this boiled down to the pragmatics of your insurance company, but on a moral compass, this is still messed up. 

IMO drivers ought to have to carry more insurance than a store renting bicycles given their track record of causing injuries. 


Demian March said:

That's precisely what happened.

Duppie said:

In which case the settlement would have been $100,000, the likely limit on the drivers policy.

Remember, this is not about what is right (or wrong), but about getting the highest possible compensation for your client. Any insurance of any party involved is a potential source of money.

Carter O'Brien said:

The Divvy precedent crossed my mind as well.  Going after the rental company doesn't seem right to me either, if the rental bike had issues with the brakes or something that would be one thing, but this sounds like a textbook case of exploiting a loophole.  The fault should be squarely on the driver who opened the door.

Tim S said:

That is what I thought too Rich. Why is a company that has nothing to do with the negligence of the motorist and possible cyclist have any liability?

Horrible precedent when it comes to Divvy, no?
Permalink Reply by Rich S on November 6, 2013 at 4:58pm

Thankfully commercial vehicles such as taxis are required to carry more insurance. I believe my mom was insured to $1,000,000 when she still drove a cab. Her insurance premium was naturally quite a bit higher than for a non-commercial vehicle and that's with her having a good driving record.

Probably another topic for another thread but I bet cabbies would be much nicer drivers if they had to pay their own insurance premiums. Especially when they saw the increase for driving violations and accidents.

Carter O'Brien said:

Very sorry to hear about this.  I have no doubt this boiled down to the pragmatics of your insurance company, but on a moral compass, this is still messed up. 

IMO drivers ought to have to carry more insurance than a store renting bicycles given their track record of causing injuries. 

Permalink Reply by Tom Dworzanski on November 6, 2013 at 5:03pm

Nothing personal against the bike rental company in this case, but in general I think anyone renting out a bicycle should have to also provide a helmet and maybe an instruction card. That includes Divvy.

Permalink Reply by Tim S on November 6, 2013 at 5:32pm
Why Tom?
Permalink Reply by Demian March on November 6, 2013 at 6:06pm

Done

Felix Angelov said:

I will take a Specialized S-Works Prevail Helmet for 50% off, size Large. Thanks!

Demian March said:

I'm the owner of Lakeshore Bike and it is indeed an unfortunate outcome.  LSB's insurance company decided to settle this below my policy limit (this is my judgment with respect to my law degree and background) in order to make the most fiscal savings and expedience as an insurance defense is expected to do.

There is, of course, much more to the story, but I do not care to expose myself to further liability despite my "fat" insurance policy.  Let's be clear:  I'm not happy with this disposition, but I'll continue to keep the rubber side down.

For all of those that have read this and agree, I'll honor %50 ANYTHING from my shop this weekend to pay for legal fees.  PASS IT ALONG and let's keep the chain linked...

Permalink Reply by Felix Angelov on November 6, 2013 at 6:12pm

vikfel at yahoo dot com

Demian March said:

Done

Felix Angelov said:

I will take a Specialized S-Works Prevail Helmet for 50% off, size Large. Thanks!

Demian March said:

I'm the owner of Lakeshore Bike and it is indeed an unfortunate outcome.  LSB's insurance company decided to settle this below my policy limit (this is my judgment with respect to my law degree and background) in order to make the most fiscal savings and expedience as an insurance defense is expected to do.

There is, of course, much more to the story, but I do not care to expose myself to further liability despite my "fat" insurance policy.  Let's be clear:  I'm not happy with this disposition, but I'll continue to keep the rubber side down.

For all of those that have read this and agree, I'll honor %50 ANYTHING from my shop this weekend to pay for legal fees.  PASS IT ALONG and let's keep the chain linked...

Permalink Reply by Tom Dworzanski on November 6, 2013 at 8:16pm

Because helmets are important and I don't think it's fair to assume the typical bicycle renter will have one when renting a bike. I think we've all seen massive numbers of people riding Divvy bikes with no helmet. That's not going to change unless helmets are made available.

Tim S said:

Why Tom?

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