Victimized by Drivers and their Insurers

A friend of mine who I occasionally ride with in the AM from Oak Park to the Loop was hit by a car on Monday just west of the intersection of Washington and Homan. He was riding in the bike lane on Washington. As you cross Homan into Garfield Park, the road splits to the north (Schrader Blvd) and south (Washington Blvd). The driver crossed from the lane on the left of the bike lane (which is clearly marked and bends south onto Washington through the split) right onto Schrader NB, mowing down my friend, who was right next to her. Not only is the bike lane marked all the way through the split, but there is a right turn lane to the right of the bike lane, so there's zero excuse for a driver to cross the bike lane.

He's OK - a little road rash, sore ribs. The crash ruined his rear wheel, cranks and bars. He had a trip to the ER and will have some med bills.

The driver initially fled the scene, but a another driver who saw the incident gave chase, caught her, and somehow convinced/compelled her to return to the scene. She was completely belligerent and accused my friend of causing the accident. Police and paramedics arrived. The police acted fairly and took a full report. The driver told some unbelievable story about how she was being harassed and is the victim here. The driver who pursued the driver who hit my friend was driving a commercial vehicle with a front-mounted video recorder that was running and which he think captured the accident. That guy alerted the police officer and gave him a copy of the recording (how he did this I don't know).

So yesterday my friend gets a call from the driver's insurer, Geico. Although (1) the police report has not been finalized (the investigating officer says it will be ready early next week after they review the video) and (2) Geico has not even called the police to see what they say, Geico has concluded that no one is at fault and that my friend should be responsible for 50% of his damages. Based on a discussion with the police officer, the police appear to have concluded the driver was 100% at fault, but we have to wait to see the report.

Although he has only begun to fight, it just shows that you can be victimized not only by drivers but by their insurers, even where the police properly do their job.

(Incidents like this are extremely frequent at this intersection, either with cars making right turns onto Schrader from the left lane or cars exiting Schrader onto Washington and plowing through whatever is in their way--there are no stop signs.)

Tags: accident, car, driver, geico, insurance, police, schrader, washington

Replies are closed for this discussion.

Replies to This Discussion

Permalink Reply by Duppie 13.5185km on July 14, 2012 at 3:47pm

My layman's $0.02, based on my own experience:

Call Active Trans' crash support hotline at 312-869-4357.

Then consult a lawyer that specializes in bicyclists rights. There are various ones in Chicago and the crash hotline can provide you with a list of them.

Until you have talked to a lawyer do not answer the phone when the insurance company calls.

Permalink Reply by AM 9.5 on July 14, 2012 at 3:49pm

It's a damn good thing I am a lawyer who specializes in suing insurance companies.... The Active Trans suggestion is helpful.

Duppie said:

My layman's $0.02, based on my own experience:

Call Active Trans' crash support hotline at 312-869-4357.

Then consult a lawyer that specializes in bicyclists rights. There are various ones in Chicago and the crash hotline can provide you with a list of them.

Until you have talked to a lawyer do not answer the phone when the insurance company calls.

Permalink Reply by Lisa Curcio 4.0 mi on July 14, 2012 at 4:08pm

Then you already knew that insurance companies are not in the business of paying money to people who should be paid :-) Even one's "own" insurance company is not one's friend.

Andy Moss said:

It's a damn good thing I am a lawyer who specializes in suing insurance companies.... The Active Trans suggestion is helpful.

Permalink Reply by Duppie 13.5185km on July 14, 2012 at 4:38pm

Then you also know that you shouldn't be discussing this case in an online forum.

Andy Moss said:

It's a damn good thing I am a lawyer who specializes in suing insurance companies.... The Active Trans suggestion is helpful.

Duppie said:

My layman's $0.02, based on my own experience:

Call Active Trans' crash support hotline at 312-869-4357.

Then consult a lawyer that specializes in bicyclists rights. There are various ones in Chicago and the crash hotline can provide you with a list of them.

Until you have talked to a lawyer do not answer the phone when the insurance company calls.

Permalink Reply by AM 9.5 on July 14, 2012 at 4:41pm

Says who? On what basis could you possibly think that?

Permalink Reply by h' 1.0 on July 14, 2012 at 11:32pm

Is the Geico call a first step towards getting your friend to accept a mini-settlement and sign a release?

Also-- the way you described the perp's behavior upon returning to the scene . . . police h a t e that chit; no doubt it worked against her.

Permalink Reply by Anne Alt on July 15, 2012 at 6:15am

Please encourage your friend NOT to talk to Geico. Preserve all physical evidence (damaged bike, clothing and anything else) and take photos of it (including any remaining evidence of injuries) and make those calls to the crash support hotline and a lawyer.

h' said:

Is the Geico call a first step towards getting your friend to accept a mini-settlement and sign a release?

Also-- the way you described the perp's behavior upon returning to the scene . . . police h a t e that chit; no doubt it worked against her.

Permalink Reply by O on July 15, 2012 at 8:04am

Do NOT fall into the trap of answering. There are several individuals on this forum who offer more heat than light on just about any subject. Leave them in a non-responsive posture. Capiche?

Andy Moss said:

Says who? On what basis could you possibly think that?

Permalink Reply by Mike Keating on July 15, 2012 at 10:32am

Andy,

I'd be happy to help. Please tell your friend to review the Illinois Bicycle Lawyers website at www.IllinoisBicycleLaw.com and to contact me. My cell is 312-208-7702. Tell them to call anytime.

Permalink Reply by notoriousDUG on July 15, 2012 at 5:39pm

Not a very good one then...

Every, SINGLE, attorney I know who specializes in active transportation law suits, as well as any attorney I have ever known recommends never, ever, talking about the accident or case on any public forum. As an attorney you should know just how much damage a poorly worded, rash or misconstrued statement can do to a court case.

Have them contact a competent attorney who specializes in these things; several are on this forum and advertise on it.

Preserve all evidence. Get a good estimate but have no repairs made until the attorney OKs them.

Andy Moss said:

It's a damn good thing I am a lawyer who specializes in suing insurance companies.... The Active Trans suggestion is helpful.

Duppie said:

My layman's $0.02, based on my own experience:

Call Active Trans' crash support hotline at 312-869-4357.

Then consult a lawyer that specializes in bicyclists rights. There are various ones in Chicago and the crash hotline can provide you with a list of them.

Until you have talked to a lawyer do not answer the phone when the insurance company calls.

Permalink Reply by James BlackHeron on July 15, 2012 at 6:02pm

Andy, I hope your friend recovers quickly and can get back onto a bike without any lingering issues/fears. This kind of accident collision sucks. I hope they throw the book at this person for leaving the scene. Partial credit for coming back after being chased-down but that doesn't really count for very much.

Humans stop when they run over someone. Those that don't/won't and run away pretty much lose the right to claim that label in my book.

Permalink Reply by AM 9.5 on July 15, 2012 at 6:28pm

Yea, I bet you know a lot of good attorneys, er, friend. Just my .02-I don't represent this guy. Go ride a bike, if you think you're competent to do so.

notoriousDUG said:

Not a very good one then...

Every, SINGLE, attorney I know who specializes in active transportation law suits, as well as any attorney I have ever known recommends never, ever, talking about the accident or case on any public forum. As an attorney you should know just how much damage a poorly worded, rash or misconstrued statement can do to a court case.

Have them contact a competent attorney who specializes in these things; several are on this forum and advertise on it.

Preserve all evidence. Get a good estimate but have no repairs made until the attorney OKs them.

Andy Moss said:

It's a damn good thing I am a lawyer who specializes in suing insurance companies.... The Active Trans suggestion is helpful.

Duppie said:

My layman's $0.02, based on my own experience:

Call Active Trans' crash support hotline at 312-869-4357.

Then consult a lawyer that specializes in bicyclists rights. There are various ones in Chicago and the crash hotline can provide you with a list of them.

Until you have talked to a lawyer do not answer the phone when the insurance company calls.