Until a few years ago, the obvious advice would have been to call Bob Mionske, an attorney and former professional racer who specializes in bicycle law. Mionske moved his practice out to Portland, Oregon, so he's not as available to Madisonians as he used to be, but his website: http://www.bicyclelaw.com/ is worth reading.
Bob can be contacted via the website for advice and opinions, but I think you also need to get a local lawyer to handle this case. I, myself, am not a lawyer (so I might be completely wrong on this), but I don't think it's up to you to decide which insurance policy is responsible for covering your wife's damages. Actually, the guy who rode his bike across your wife's path is responsible, since he's the one who caused the damages. If he has the right kind of insurance (whichever kind that is), the insurance company will cover his liability. If not, he's still personally liable. Unfortunately, if this guy has no insurance and no assets he might be "judgement proof," and you might not be able to collect on a judgement. But you wouldn't need all that much to cover copayments and bike repairs. (I'm not sure what would happen if the health insurer decides to sue, too.) But these are the kinds of issues an attorney can sort out. So get a lawyer. And contact Bob Mionske; perhaps your wife's case will appear in the next edition of his book. Nick Rhoads wrote: > My wife was recently completly wreaked out by another cyclist. She was > riding down the Capital Bike Path near Monona Terrace when another cyclist > on an mountain bike suddenly appeared from behind the retaining wall with > out looking tio cross the path perpendicular. She was going ~12-15mph hit > his back wheel and face planted, the other rider was without injury. She > wound up getting stiches from where her sunglasses pierced her head, and > back pain (hopefully now resolved by the Chiropractor). > The bike sustained $700 in repairs and we will be paying some medical > co-pay. My question is: Can the other rider be held responsible for these > costs? > I know in a car it would be easy, call the car insurance company (it > worked so easy for me once), but what if it's another biker? > To the other riders credit he did call the ambulance while my wife lay > bleeding, but I also think some retitution is in order. > Thanks, > Nick Rhoads > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > Nick Rhoads > Boulders Climbing Gym > 3964 Commercial Av. > Madison, WI 53714 > Gym: 608.244.8100 > Cell: 608.332.3773 > > > _______________________________________________ > Bikies mailing list > [email protected] > http://www.danenet.org/mailman/listinfo/bikies > _______________________________________________ Bikies mailing list [email protected] http://www.danenet.org/mailman/listinfo/bikies
