I just got hit by a car while riding my bike in Vancouver Canada, what is the next step?

July 1, 2007 5:45 PM

I just got hit by a car while riding my bike in Vancouver Canada, what is the next step?

I got hit on the sidewalk as he was coming out of McDonald's parking lot. He wasn't watching where he was going.

I have not dealt with insurance before and was wondering if anyone has any advice.

I am not too injured from what I can tell, but my bike isn't happy.

posted by Knigel to Law & Government (13 answers total)

1. Get witness contact info.

2. Collect the other driver's insurance information.

3. Call a lawyer.
posted by Blazecock Pileon at 5:48 PM on July 1, 2007

Is riding a bicycle on the sidewalk legal there? I'm not sure how accurate it is, but this site says that it's illegal in most Canadian cities. That might have some effect on how the insurance company treats your claim. Good luck.
posted by dhammond at 5:52 PM on July 1, 2007

Call 911?

You are probably insured by British Columbia for health, and B.C. drivers are required to have $200,000 in liability insurance for property damage caused by their vehicle.

Like most things, this can be resolved without an insurance claim - the driver could just pay for your bike.

Riding a bike on the sidewalk is illegal and as you've noticed, dangerous. This may affect how much the insurance company is willing to pay.
posted by jellicle at 6:01 PM on July 1, 2007

In the U.S., in Massachusetts to be precise, I've found that retaining an ambulance-chaser will get you a minimum $3k settlement (of which you keep around $2k), in addition to replacement of your bike. If you're willing (unlike me) to follow your ambulance-chaser's shady recommendations to "treat" with a chiropractor or physical therapist for some extended period of time, the payout could be much larger.

This holds true, in my experience, pretty much regardless of who is at fault.
posted by killdevil at 6:06 PM on July 1, 2007

Did you get the driver's insurance information? Did he stop or drive away? Call his insurance company and yours, if you have one.

Something very similar happened to me a few years ago: a woman rolled through a stop sign and right into me and my bicycle. A passing cab driver called emergency services, and a cop, ambulance, and fire truck all showed up. The cop talked to the driver and wrote her a ticket while EMS checked me out. They gave me a ride home after getting all of the driver's insurance information.

When I got home I called her insurance company and started a claim. I probably should have called my car insurance company as well, but I didn't. I got an estimate on my bicycle from a local bike shop and faxed it to the insurance company; my bike was totaled. I later decided that I should see a doctor about my leg; I paid for the doctor's visit. I faxed the insurance company a release of information so they could obtain my doctor's records.

A few weeks later the insurance company sent me a check for my bicycle and my doctor's visit.
posted by rhapsodie at 6:46 PM on July 1, 2007

I'd talk to a lawyer before you consider getting ICBC involved. I don't know what it's like in the US, but in BC they pretty much have a lock on car insurance and they will play hardball. If you were on the sidewalk you could be found at fault, in which case the driver might try to get money off you if you dinged the car or something.

You can get a $25 consultation with a lawyer using the Bar Assoc. referral service. I'd suggest making that your next step. I've used it and they set you up really fast with a consult.
posted by Salmonberry at 6:50 PM on July 1, 2007

Get yourself to a doctor, or at least a massage therapist - I had something similar happen to me last year: cab, slow-motion impact, walked away with an unhappy bike. I felt fine for weeks afterwards, then my back & leg started to hurt. I now have a lovely bulging disk in my lower spine that continues to be a frequent annoyance.
posted by migurski at 7:08 PM on July 1, 2007

Apparently, cycling on the sidewalk is illegal in B.C., and violating the Motor Vehicle Act by cycling on the sidewalk may affect your ability to collect damages in accidents. If you expect to collect damages, you should probably consult an attorney.

Q Are there any legal requirements to riding a bike in B.C.?
A Yes. Cyclists can be ticketed for not wearing helmets, for riding on the sidewalk, for not obeying traffic rules as per the motor vehicle act, and for not having both a headlight and tail light (in addition to reflectors) after dark. It is against the law to ride double. Cyclists who abide by the Motor Vehicle Act may be entitled to some compensation if they are in an accident where a vehicle was deemed by the Insurance Corporation of B.C. to be at fault. A license is not required.

posted by decathecting at 7:50 PM on July 1, 2007

Go see a doctor asap. That way, if you suffer soft tissue injuries in the weeks ahead, you've already seen a doctor for treatment info and you'll have shown that you're proactive.
posted by acoutu at 8:44 PM on July 1, 2007

I'd say you don't have a leg to stand on. It's one thing to expect drivers to pay attention for pedestrians- who are, after all, legally entitled users of sidewalks- and another to expect drivers to ensure the safety of adult cyclists, who are not, after all, legal users of sidewalks (in BC, apparently).
posted by ethnomethodologist at 8:44 PM on July 1, 2007

In BC, if you were injured or there was damage caused to either vehicle, you are required to file a police report as soon as possible after the accident. Since you say that you were not very injured, "as soon as possible" has already passed.

I took a door prize on my bike in Victoria a few years back. I went to the hospital to get checked out and filed my report the next day. I was chastised by the officer at the desk for not filing immediately, since I was clearly able to walk.

That said, because you were on the sidewalk, illegally, you would (excluding very unusual circumstances) be considered 100% at-fault. You might end up having to pay for any damage to the car owner's vehicle, if he filed a claim.
posted by solid-one-love at 3:51 AM on July 2, 2007

Mod note: question is not "should I bike on the sidewalk" quesiton is I WAS IN AN ACCIDENT and want ADVICE. Take your sidewalk morals to email or metatalk unless it's germane to the question.
posted by jessamyn (staff) at 7:26 AM on July 2, 2007

Jessamyn, it is germane to the question. These people are saying that he will be unlikely to prevail in court because he is at fault. That may impact what he decides to do next.
posted by cameldrv at 8:51 PM on July 5, 2007