I crashed my bike when I swerved to avoid an agressive driver who came up hard on my tail and tried to pass me on a narrow rough one lane. I called the police but they refused to take a report because we didn't hit each other.
I was returning home last night on a narrow one lane street that parrallels some railroad tracks. I had two bright flashing red tail-lights and a bright solid white 4 AA head light and was riding with relective strips on my ankles and white helmet. I was wearing jeans, a red jacket and had an orange back pack.
As I was approaching an intersection I noticed the railroad tracks cross the intersection at a narrow angle to my lane. At that time I was aware because of the light and distant noise that a vehicle was about 3/4 a block behind me. I knew I would have to swing right and angle left in order to cross the railroad tracks at a more perpendicular angle so I wouldn't get stuck in the tracks. I had just started doing this and as I was crossing the first rail I realized the vehicle was a HELL of a lot closser and accelerating like it was going to pass! I could tell because the engine kicked into a higher rpm (like when you floor the accelorator on an automatic) and because its headlights angled to the left side of the one lane street (right where I was heading)! We were headed for a collison. I know that if I hadn't swerved we would have hit...or rather he would have run over me with his front passenger-side tire. I have been in a bad car-bike accident before. I know what its like on the bike side. I know a bike can manuver a hell of a lot more than car....especially when the car is going as fast as this one was. So I swerved hard right toward the far right corner of the intersection. When I swerved I was still moving parrallel to the street, but now my front wheel was angled to the right and it went right down into the groove of the second rail and stuck. I flipped over the handle-bars and flew headfirst into the middle of the street.
I went down hard face first at 20-25 mph. Before my head had even stopped bouncing after my 10-15 ft slide across the asphalt I quickly realized I was lying in the middle of the street whith a car accellerating behind me. I jumped up as fast as I could and wincing grabed my bike and dragged it toward the side of the road. Before I was even up on the curb, the driver accelarated again and drove away. I don't think he ever stoped, even for a second.
I took my bike to get looked at and the fork and front wheel will likely have to be replaced. I will likely have to get a new helmet too. I am without a bike as long as it takes them to repair it and I am gonna have to find the money for it. It also tore my jacket a bit and banged up my elbow and hip pretty good.
So needless to say I was more than bit surprised when I called the police from a nearby house and they said they would take a report if there had been no contact between the other vehicle and me.
I wouldn't have the injuries or damages I have if that other driver has slowed down and not tried to pass me in an agressive manner. I also could have been seriously injured and they wouldn't have know it cause they never stoped.
Does any one know what my options are. Can I still file a report somehow? Can I get some help to cover these costs from the driver or their insurance or company.
I think they broke the law with their agressive driving, speeding, un-safe passing, and refusing to stop. I think they have a responsibility to help cover the costs of their actions.
I have called the company of the driver and am waiting for the manger to call me back.
Any suggestions.
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Well, hmmm. . . yes, file a report, but that is about all any police agency will/can do. Just walk in to the precinct; they most likely have to take a report from you even if they feel it does not meet the requirements of a criminal matter. Depending on the town you are in, there may be a way to file a "careless driving" citation or "reckleess driving" charges (the former is a traffic violation, the latter is a misdemeanor crime). Almost every city court has a method for these things, and almost every one of these methods is a huge pain in the ass. And your odds of winning are, well, slim. But if you DO secure a guilty plea or verdict, then a small claims suit for your damages is far more likely to work. I advise going with "careless driving" as it will be more likely that you win, and since it is a noncriminal matter you don't have to worry about the DA saying "this is not worth my time."
Since it was not technically a "hit n run," it is now a civil matter, which must be resolved in court if you can not deal with the insurance company in some other way.
It sounds like you have the plate # and contact info of the driver, which is good. But unless you have witnesses, it is your word against the driver. With no witnesses, you can't even prove to a small claims judge that the driver was in the same state as you when you had your wreck.
Honestly, it depends on how much this means to you. If it is really worth it, you can at least inconvinience the driver for a while, but the odds of you getting any cash or the driver paying any fines are around 20% at best, 10% is more likely. In fact, it may cost you money, because filing small claims cases has a fee that you only get back if the judge says so.
It sucks, but with no witnesses you are likely just going to have to fork out the cash on your own. If it makes you feel any better, similar things happen to me on an almost daily basis, but for some reason never when I am in uniform and carrying a ticket book. Murphy's law I guess.