Wednesday, December 3, 2008

Troublemaker - Weezer

The original Ironman, held every year in Hawaii, has become the championship event. Every year at races around the world, people attempt to qualify for the Kona event, in both full- and half-distance races. That’s how Ironman Arizona came to be. So that’s where I went, since it was the last race of the year, and believe me, I would need all year to prepare for it.

Unfortunately, on September 19, 2 months before the race, I was riding my bike to a swim workout and got hit in a roundabout by a car from behind. It wrecked my wheel, my shorts, my helmet – and me. Luckily, I escaped with minor injuries, though my right shoulder hurt no matter how I moved it for a solid 4 days. I was skinned up on my knees, right hip, left palm, right elbow, and in a variety of other places. The lady that hit me thought she passed me before the roundabout, but she did not. She further failed to pay attention to the road in front of her when she exited out of the roundabout to clip my wheel with her front bumper.

At first, I thought the damage was minor, and got the lady’s name and number in case something came up. I didn’t call the cops because I hadn’t been hit by a car before…and I was probably still a bit dazed and thankful the injuries were very minor.

I wobbled away from the accident and went to the bike store, where they told me the wheel needed to be sent out for repair – it needed a whole new rim, and only the manufacturer could make the repair. In the meantime, for me to keep training, I would need to buy a new rear wheel. They also told me it was very important to go file a police report, especially if I wanted to have her insurance pay for the wheel repair. So after getting a ride home, I filed an accident report and tried to call the lady to get her insurance information.

Here’s where it takes a bad turn. After a delay of a few days, the lady’s husband calls me and after hearing my story of the accident, wouldn’t give me his insurance. Incorrectly, he thought since the damage (I was only asking for them to pay for the cost of the rear wheel; I would replace the helmet and shorts out of my own pocket) was less than their insurance deductible, they would have to pay it out of pocket. (I’ve since learned that isn’t true, deductibles apply only to your own damage, in this case, their deductible only counted in repairing their front bumper.) Anyway, he told me he would talk it over with his wife (wouldn’t he have done that already?) and get back to me.

After a week-plus, I had a feeling they weren’t going to be helping me out. So I had to call them again, and let them know that since I didn’t have their insurance information, if they didn’t want to pay for the wheel, I did have the option of small claims court – though if I had to go that far, it would have to be for the cost of the repair, the temporary wheel, the helmet, and the shorts.

So the husband (Did I mention that he is a partner in one of the biggest law firms here in Kansas City? No? Well, he is. And his specialty seems to be finance and tax law) calls me back almost immediately (amazing) and tells me that his wife feels she did nothing wrong, that I was the one at fault, and that they wouldn’t be doing anything to help me out. He told me to go ahead and file a suit. So, still not having their insurance information, I do. A couple days later, I get a call from her. She’s going to counter-sue me for the damage to her front bumper, and tells Lisa that I hit her with my bike (despite that it was my back wheel and her front bumper as we were traveling around the roundabout in the same direction) and that I was “illegally passing on the right” and rode across the flow of traffic at a roundabout exit. But, if I dropped it, she wouldn’t file. I told her I’d rather let the judge decide who was at fault – I know my rights as a bicyclist are the same as a motor vehicle, and her “pass” was anything but in a safe and prudent manner, especially so close to a roundabout. We went through the entrance to the roundabout at the same time – I VIVIDLY recall thinking that I was glad she didn’t take the first turnout because I would have been smeared all over the side of her car.

A few days after that, I get the summons letter. A day after that, we started getting contacted by two TV shows – Judge Judy and Judge Joe Brown, wanting us to come onto their shows!

By now, it’s a week from Ironman Day. So let’s get back to the action of the triathlon.

No comments: