On April 1,
Lawyer Jim freeman was kind enough to come by the CCU meeting space to dish out some expertise and answer questions about bike messengers and the legal system. Lawyer Jim specializes in injury cases involving bicycles and motor vehicles. His firm also handles cases involving workers compensation claims for people who make their living on a bike.
Jim had a lot to say about workers compensation, and this is a complicated issue for bikers in Chicago. Many of us are classified as independent contractors, which means that the messenger companies don’t really want to deal with it if you get into an accident. But if you are an independent contractor in Chicago, you are probably covered under a
NICA insurance policy. Regardless of your employment status, Jim gave the same advice about what to do if you are in an accident. The first thing you should do is to notify your company. Tell your dispatcher. Next you need to make sure you are not injured. If you know that you are injured, call the police and an ambulance. A police report is required in Illinois if there is an accident with any injury or $600 in property damage. If the accident happens while you are working, your workers comp insurance should cover the cost of the ambulance and your medical bills, 2/3 your lost wages, and any permanency or disfigurement, regardless of who’s fault the accident was. If there are witnesses to the accident, try to get their contact information. Don’t assume that witnesses will be listed on the police report, because they probably won’t. If you have been injured in a traffic accident, you should contact a lawyer.
If you are doored by a taxi passenger, make sure you get both sets of information from the taxi driver and the passenger. If the passenger says that it is not their fault, remind them that they have just been involved in a traffic accident that resulted in an injury, and there could be serious consequences if they leave the scene.
Opening a door into traffic is a violation of Illinois and (as of last year) Chicago law. This is helpful as doorings are one of the most common ways that messengers are injured on the job.
It can be a tricky situation if you weren’t injured, but your bike was damaged. Take pictures, get a shop damage estimate, and remember that a police report is required if there is more than $600 in damage, which isn’t unreasonable if you have a nice bike. If you have only bike damage and no injury, some less reputable insurance companies will deny your claim because they think they can get away with it. Jim suggested going to small claims court if this is the case. Small claims court is a venue designed for people who don’t have a lawyer. Do your best to keep evidence by preserving the bike if it is beyond repair (don’t part it out until the claim is resolved as you may need to bring it into court), or saving receipts cleared checks or invoices if you pay to have the damage repaired. Take lots of pictures of the bike. You’ll need pictures that show the whole bike, and you should also take close ups of the specific areas that are damaged. Get an accurate estimate from a bike shop for the damages (not inflated, insurance companies aren’t stupid and if they get the idea you or your mechanic is lying to them they’ll use it against you- insurance fraud is a crime).
Jim gave some good advice for dealing with insurance companies. If you are injured in an accident, the drivers insurance may try to contact you. Keep in mind that any information you give the insurance will be used to defend their case against you. You don’t need to talk to them, and you do not have to give a recorded statement. While the statute of limitations varies, it is usually between six months to two years before an injured person is at risk of losing their right to file a claim, so don’t be in too big of a hurry to try to settle or contact the insurance. Talk to a lawyer first, and they will be able to tell you how long you have to file a claim for your injuries. Wait until you are done treating and 100% better to settle. Until you are better you can’t know the full value of your claim. Jim also made it clear that a case is always better if the client comes to the attorney before they contact the insurance. Don’t wait to call an attorney, an aggressive insurance company will start preparing their defense as soon as they have notice of the claim. Evidence can be lost or destroyed or altered with time, so it is best if the attorney is on board from the very beginning.
Jim had some things to say about safety equipment and the
Illinois Messenger Ordinance. The main point involves the part of the ordinance which requires messengers to wear a helmet during business hours when you are in the bike zone. This law can be used as a loophole for drivers if they hit a messenger, the messenger isn’t wearing a helmet, and the messenger suffers a head injury. It is for this reason that the CCU is opposed to the helmet law for messengers, even though we endorse helmet wearing. Jim also stressed the importance of using lights. If you messenger during the winter, you will end up working after dark. This means that you need a red rear reflector or light, and a white front light that is visible from 500’. I keep a set of lights in my bag, and put them on when it starts to get dark. Jim suggested sticking red reflective tape to your seat stays, and stressed the importance of having a powerful front light. One of the most common bike-car accidents is the left hook at an intersection, where a car turns in front of a bike and hits it head on. If you don’t have a light, the driver can use that against you in a claim, and avoid being found at fault.
Jim also talked about insurance. If you also have auto insurance, you can make a claim on your own policy if you are involved in a hit and run, or an accident with someone who doesn’t have insurance. He also suggested that people without any insurance look into getting operators insurance, which may provide uninsured motorist protection.
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