Hey Folks, I appreciate you taking the time to read and post. Two weeks ago, I was riding my bike through a parking lot when I collided with a vehicle. I was riding between parked cars and when the driver saw me they made no attempt to stop. The damage to her car was between $600 and $1300, and she reported the collision to the police. She insists that I am at fault and if I don't pay the $600 (which was the smallest repair quote she got), she'll have to make an insurance claim and she'll sue me for repairs, deductible, rental cost, legal fees, etc. The advice I have gotten so far indicates that she would be unwise to take me to court because it would more than likely cost her more than $600 in legal fees, even if she wins. Though I don't think she is smart enough to get that, especially since she seems to have paid for a consultation with a lawyer who wants her to go to court so that he/she can get more money out of her. She has given me until Thursday (July 31st 2014) to show up at an auto body shop and pay, otherwise she'll sue. I have had trouble finding any laws governing cyclists in parking lots; would I maybe be considered a pedestrian? Should I be worried about having to pay a whole lot more than $600 if she takes me to court? Thanks so much for any advice you have to offer. -Mobius D Flint
Hey Folks,
I appreciate you taking the time to read and post.
Two weeks ago, I was riding my bike through a parking lot when I collided with a vehicle. I was riding between parked cars and when the driver saw me they made no attempt to stop. The damage to her car was between $600 and $1300, and she reported the collision to the police. She insists that I am at fault and if I don't pay the $600 (which was the smallest repair quote she got), she'll have to make an insurance claim and she'll sue me for repairs, deductible, rental cost, legal fees, etc. The advice I have gotten so far indicates that she would be unwise to take me to court because it would more than likely cost her more than $600 in legal fees, even if she wins. Though I don't think she is smart enough to get that, especially since she seems to have paid for a consultation with a lawyer who wants her to go to court so that he/she can get more money out of her.
She has given me until Thursday (July 31st 2014) to show up at an auto body shop and pay, otherwise she'll sue.
I have had trouble finding any laws governing cyclists in parking lots; would I maybe be considered a pedestrian?
Should I be worried about having to pay a whole lot more than $600 if she takes me to court?
First of all, if she makes an insurance claim, the insurance company would cover everything above the deductible, unless you were at fault, in which case they'd cover 100% of it (usually). So her story is BS. The insurance company would also cover rentals, etc. So my advice would be to tell her to go through insurance and that you will not be paying, since you never agreed to cover her expenses. The threat of a lawsuit seems like extortion. I would at least make a phone call to the police and see if they have any insight. I've seen plenty of cases like this before. Somehow I doubt that she, or any normally-functioning individual, would retain a lawyer over a $600 car scrape. I can, however, see plenty of people trying scare tactics to force people into payment.
First of all, if she makes an insurance claim, the insurance company would cover everything above the deductible, unless you were at fault, in which case they'd cover 100% of it (usually). So her story is BS. The insurance company would also cover rentals, etc. So my advice would be to tell her to go through insurance and that you will not be paying, since you never agreed to cover her expenses.
The threat of a lawsuit seems like extortion. I would at least make a phone call to the police and see if they have any insight. I've seen plenty of cases like this before. Somehow I doubt that she, or any normally-functioning individual, would retain a lawyer over a $600 car scrape. I can, however, see plenty of people trying scare tactics to force people into payment.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I had something similar happen to me, a bike hit my car in a parking lot and since the biker had no way to paying and the damage to the car was high due to the type of car I sued in small claims court. The damage to the car was $2700, and the court awarded me $3500 to cover court costs, time spent, and damages. The biker didn't pay so I needed to go back to the court and they granted a new judgement and again covered court costs. In the end it ended up costing the bike rider a little over $4000 and his wages were garnished until I was paid in full. You don't need a lawyer for small claims court only pay the $200 fee which you can sue for to get back. By reading above you admitted fault riding between cars then crossing a lane way clearly without looking, sounds like she has a good case on you.
I had something similar happen to me, a bike hit my car in a parking lot and since the biker had no way to paying and the damage to the car was high due to the type of car I sued in small claims court.
The damage to the car was $2700, and the court awarded me $3500 to cover court costs, time spent, and damages. The biker didn't pay so I needed to go back to the court and they granted a new judgement and again covered court costs. In the end it ended up costing the bike rider a little over $4000 and his wages were garnished until I was paid in full.
You don't need a lawyer for small claims court only pay the $200 fee which you can sue for to get back.
By reading above you admitted fault riding between cars then crossing a lane way clearly without looking, sounds like she has a good case on you.
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