What recourse do I have in a bicycle to bicycle collision?

Another bicyclist hit me while biking. He was at fault, and caused about $1200 damage to my bicycle. I have a sprained wrist and whiplash from the collision, but mostly, I would like to hold the other rider accountable for damages to my bike.

Asked on July 24, 2012 under Accident Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the at-fault bicyclist for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable bicyclist would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your damages (the amount of compensation you are seeking in your lawsuit for negligence against the other bicyclist) should include the property damage (cost of repairs to your bicycle) and your personal injury claim.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to support your claim for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  You would file one lawsuit for negligence against the at-fault bicyclist in which you would seek compensation for your property damage and personal injury claims.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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