My wife was in downtown Seattle yesterday going out with a friend. As she turned left into a parking lot from an uphill two way street a bicyclist riding down the sidewalk the opposite direction (coming at her downhill) caught his left pedal on the front license plate of the car and fell off the bike. My wife attempted to stop once the bicyclist appeared, however obviously did not. She got out of the car to check on the rider who appeared shaken but no major injuries. Due to shock and bc of the rider's insistence not to involve insurance they did not get an official police report. She felt bad for the guy and bc of her shock she felt partially responsible bc she was driving a car and he was on a bike. So she gave him $250 for new bike shoes and any other minor damage to his bike. Out of consideration she gave him a ride home approx 10 minutes away where they exchanged phone numbers and a note indicating the receipt of the $250.
After reflecting on the incident, my wife and the witness realized the biker was riding on the sidewalk and not in the bike lane as she thought. Again, the shock of the situation caused her not to pay attention to that detail prior. My concern is what legal recourse the biker could take considering no report was filed documenting the incident and assigning fault.
What action should I have my wife take now?
I think we need to get an affidavit from our friend highlighting her observations that the biker was not in the bike lane and travelling at a fairly high pace downhill down the sidewalk (which is exactly what she indicated). I also think she needs to discuss with our insurance to understand what to do in order to protect ourselves personally from any potential claim and document now (after the fact), what the insurance company requires.
Other facts:
She crossed double yellow lines (the type you can cross when entering a driveway)
She had a witness in the car, the rider did not take photos or statements at the scene.
The rider indicated he was fine and no bodily injury occurred. He indicated he had prior hip issues but they did not seem to be impacted.
He indicated he had a flat tire on the bike prior to the accident.
After reflecting on the incident, my wife and the witness realized the biker was riding on the sidewalk and not in the bike lane as she thought. Again, the shock of the situation caused her not to pay attention to that detail prior. My concern is what legal recourse the biker could take considering no report was filed documenting the incident and assigning fault.
What action should I have my wife take now?
I think we need to get an affidavit from our friend highlighting her observations that the biker was not in the bike lane and travelling at a fairly high pace downhill down the sidewalk (which is exactly what she indicated). I also think she needs to discuss with our insurance to understand what to do in order to protect ourselves personally from any potential claim and document now (after the fact), what the insurance company requires.
Other facts:
She crossed double yellow lines (the type you can cross when entering a driveway)
She had a witness in the car, the rider did not take photos or statements at the scene.
The rider indicated he was fine and no bodily injury occurred. He indicated he had prior hip issues but they did not seem to be impacted.
He indicated he had a flat tire on the bike prior to the accident.
