Question

Should I work things out with the at fault driver instead of going through insurance?

I was hit by a car while riding my ebike a few weeks ago. My mother bought the bike online for me from the manufacturer. I hadn't registered the bike yet, and hence had not activated the warranty on it. I was headed home after delivering for Uber Eats with the bike all day, which is my only income source right now. I have no other vehicle.

The driver assured me at the scene that he intended to buy me a new one. I felt bad for him and made sure he understood how expensive it was. He gave me a ride home, we traded phone numbers and shook hands. His passengers were the only witnesses. The bike is trashed but doesn't appear to be totalled, but no repair person has looked at it yet. I've got some minor injuries. Basically I'd like to get back on the road, and while i'd happily take a brand new bike and some compensation for the lost income, I don't think i have the stomach to demand that if we keep it between us. What should I do?

May 23, 2022 Minneapolis, MN

Answer
Kristine Lee

May 23, 2022

We are sorry to hear that you were involved in an accident. If you and the at fault driver have agreed to have them pay for the damages out of pocket, that is within your rights. However, if you're going that route it is wise to photograph all damages, keep a paper trail of your correspondence, see a doctor and make sure your injuries are as minor as you think and overall get everything in writing. It's also a good idea to get multiple repair quotes for the damages to your bike. 

 

You shouldn't feel bad asking for compensation for both fixing (or replacing) your bike and treating your injuries. If at any point you feel as if they will not cover the damages or if you just feel more comfortable going through official channels, you can contact their insurance carrier to file a claim. But you will need to have as much documentation in place as possible. An adjuster would be assigned to the case and would let you know what the next steps would be. Hopefully this helps and if you have any other questions, please let us know.


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