Car and Bike Collision

[chrispb]

What is the name of your state (only U.S. law)? Colorado

I was driving the speed limit down road at night and I came up upon a cross walk (no lights, no stop sign). There was a car in the left lane (blocking the half the cross-walk) which I assumed was turning left. As I drove through a biker was crossing and I braked but ended up clipping her back tire. She had no rear or front lights which I believe is required by CO state law to have your bike be street legal. Nor any reflective gear or helmet.

Immediately I got out of the car to check on the condition of the biker and to make sure she was okay. My main concern was obviously that she wasn't seriously injured. I'm not particularly proud nor happy this event happened. I haven't had an accident in over 12 years. Let alone in a car/bike collision. She was a little shook up but only had a minor scratch on her hand. We were both shook up and I tried to comfort her. The police and an ambulance were called but she refused medical treatment and didn't want to go to the hospital. I tried to encourage her to go to the hospital but she insisted she was fine.

The police took both our statements and determined there was no real damage to either my car nor her bike to file an accident report? Although her back tire's axel was off. (I may be using the wrong term). They simply took our statements and made us exchange information on these little forms.

I'm so thankful that she wasn't injured and feel absolutely horrible, guilty and shook up at how sudden and dangerous the situation was.

Now, after a nights rest and knowing everybody involved is okay. I'd like to know what can come of this so far. I'm a disabled veteran and I lived on a fixed income. However, I want to take full responsibility for any damages to her bike. I told her last night I wanted to buy her a new bike and still tried urging her to go to the hospital (as I would gladly pay for a check up).

I honestly have never been in this type of situation and would like advice as to how to approach it. She was actually a really kind person but there is always fear of lawsuits etc.

How can I properly handle this situation? I asked the police officer if I should contact insurance companies and he said no. I was a bit shocked as it wasn't exactly a car lightly bumping into another car.

Honestly, I just want her to be okay and have a new bike but I also want to protect myself and handle it appropriately.

I'm sorry for the rambling, a bit shaken up and honestly considering not driving; and just getting a bike.

 

[ecmst12]

You ABSOLUTELY should call your insurance company and report the accident right away. IF you were at fault for the accident (which isn't entirely clear), they will cover any damage. If you were NOT at fault, they will protect you.

 

[chrispb]

Insurance

Well the way the street works, is it was near a college.(the speed limit remains 35 through the street) so occasionally there are cross walks (a no light no stop sign cross walk, no flashing sign thingy) in the streets. There is no stopping at them unless of course someone is crossing. I was driving in the right lane going the speed limit and a car was stopped in the left lane (where people will turn left onto a street, or do a U'ie). I don't know the conditions of fault. I know I failed to yield at a cross walk. her bike had no lights, nor was she wearing reflective gear.

But, regardless of fault I should definitely call my insurance company?

I'm mainly worried about criminal charges. (I'm sorry please forgive me. I'm not legally savy.). The cops didn't even fill out an accident report, they merely took statements.

 

[ecmst12]

You didn't commit a crime, if you had, you would have been charged right then. Even a traffic infraction they most likely would have cited you for on the spot.

You should definitely call your insurance company. They can tell you whether they believe you were at fault and they will (like I said) defend you if you were not.

Remember that a bike is NOT a pedestrian and does not have the same rights/protections in a crosswalk.

 

[chrispb]

Advice appreciated

I truly appreciate your advice.

I called my insurance company and explained the situation completely. They did mention that bikes are suppose to dismount on a crosswalk and you're legally suppose to have a headlight. But since she is not claiming injuries; we are claiming fault and they are gonna pay for a new bike or to fix it. They said it's just best to claim fault because hitting a bike is not something you really want to fight. And frankly, I didn't wanna fight it. I'm just so relieved she is safe and that they will fix her bike.

It could have been so much worse. It really just opens your eyes regarding these types of situations. I think I'm gonna start biking.

And you're right; they would have issued a citation or charged me on the scene. They didn't even think it was enough damage for us to fill out a report. Just exchange the information and take our statements.

Thank you again, take care.

 

[ecmst12]

If you start biking just make sure you get a headlight and wear reflective clothing, and follow the same traffic laws and signals as you do when you drive

 

[chrispb]

Update

Update on my traffic collision. I called my insurance and will cover her bike repairs, however she is not claiming any medical nor wanted medical service.

I spoke with the department and there was no actual accident report. No fault, no damage and no injury was found. So it was merely a Call for response report. I think the condition of the accident was unclear of fault because while I did fail to yield at a cross walk, the way the street is designed people turning left block the entrance to the crosswalk, the night conditions, and her not being dismounted or having lights.

Regardless of no fault, my insurance is going to repair her bike which I'm happy to do.

I'm trying to get in touch with the officer to see if I need to contact the DMV because there was no accident report written.