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View Full Version : I know some of you have been through this before....


flyingv
08-21-2006, 11:02 PM
Was hit by a car this weekend. It was definitely the driver's fault, and I had all the proper safety gear (lights, helmet, reflectors, bright clothing, etc.) Have the driver's info, reported it to the police, have a witness, I've also already contacted the driver's auto insurance company and have gone to the hospital.
I'm worried about injuries from this showing up in the future, and not being able to do much about it (I don't have health insurance!)
Also, I know the agent probably wants to settle, but I have no idea how much to ask for.
I have got a sprained wrist, and several contusions. My bike is a fairly nice Centurion Elite RS, but now has a bent wheel, and looks like the gears and chain might be screwed too.
What should I do?

Russell
08-21-2006, 11:26 PM
Call Mark Ginsberg before you talk to their insurance company any more.

http://www.bikesafetylaw.com/

GelFreak
08-22-2006, 08:00 AM
do exactly what he said /\/\/\

flyingv
08-22-2006, 10:46 AM
thanks, I will

sunningotter
08-27-2006, 08:11 PM
Wouldn't you know, I read this post and then the same thing happens to me. Anyone of you out there have some hope to throw my way? Seems like I'm on my own insurance (PIP) for medical and the other driver's insurance will pay the difference between what my bike was worth before and what it is worth as scrap as property damage. Tell me it's not this dismal! Anyone had any luck getting their bike repaired and gear replaced?

MitchNiceGuy
08-27-2006, 10:38 PM
I Just Moved Here From Chicago. Right Before I Was Ready To Start Packing Up, Some Dude In His Gas Guzzling Monstrous Suv Backed Out Of His Driveway, And Broadsided Me. I Was Ok For The Most Part, But My Newly Rebuilt Singlespeed Commuter Was Not So Lucky.

But This Is About You.

To Make This Short And Without Talking To An Attourney, Because I Have, I Can Tell You What You Need To Know.

First, There Are Two Kinds Of Personal Injury Cases:
1-soft Tissue (bruising, Cuts, Soreness Lasting A While, Sore Neck/back, Sprains, Strains, Etc.)
2-everything Else (breaks, Internal Organ Damage, Permanent Disfigurement, Hurniated Discs, And So On)

The #2 Is The Big Payoff, $100,000 Cases That An Attourney Is Good For.

From The Sound Of It, You Are A #1, No Attourney Needed. (they Make It Easier By Doing All The Work But Still Take 1/3 The Settlement, And On Something Like This That Will Leave You With Nothing.)

In This Case, The Settlement Is Based On A Percentage Of Total Medical Costs And Takes About 2-3 Mos. Typically, 2-3x The Total Cost, But You Have A Witness, It Was Obviously Their Fault, If They Were Given A Ticket It Helps As Does Being Taken To The Er. To See Money After Treatment Stops. You Pay The Upfront Costs With Your Healthins, Which Can Be Hard. I Know.

If They Offer A Settlement Right Away, They Are Scared You Might Have More Medical Issues Than You Are Aware Of, And Want You To Release Their Liability Before You See More Doctors. That Can Go Both Ways. The Doc Can Give You A Clean Bill Of Health And Your Settlement Goes Down. If Worse, Still 2-3x The Costs.

If You Feel Ok, Take Their Money. Maybe Even Ask The Adjuster If You Should See An Attourney. He Will Explain To You The Samething Saying That You Should Get A Percentage, Not Much, And The Attourney Will Get Most Of It. Thats If He Is A Good Person Morally. Mine Was And Did Say This, But I Did It Anyway.

Furthermore, See An Attourney For Free.
Explain Your Case And Then Choose To Or Not To Retain Him Or Her. Any Personal Injury Attourney Will Sit Down With You For Some Time, Or Should. If Not, Contact Me. An Old Customer Of Mine Is A Partner At A Firm In Chicago, And His Personal Injury Guy Is Taking Care Of Me. I Walked In To A Friends Office. It May Be Harder For You To Walk Into A Strangers Office, And Not Get The Biased Bs.

Lastly, As For The Bike, It Should Be Replaced At Fair Market Value. That Means For What It Was Worth At The Time Of The Accident. For This, Prepair Your Self With Labor And Part Quotes, Along With A Reciept, Estimated Value, Etc.
There Is No Grey Area Here. If He Is Jerking You Around, Call Him On His Bs. He Is Plainly Taking Advantage Of You. After All, Thats Their Job.

Cheers And Good Luck!

Mitch

MitchNiceGuy
08-27-2006, 10:45 PM
Also, Because You Do Not Have Health Ins, Their Ins Company Should Front All Of The Up Front Costs. Go Straight To A Doctor, And Send Them The Bill. Dont Even Ask The Adjuster. Let Him Know A Few Bills Will Be Showing Up After The Fact.

Never Forget You Are A Victim, And Should Be Taken Care Of By The Ins Company.

What Ins Do They Have???

Cheers

Mitch

sunningotter
08-29-2006, 09:15 PM
Actually, I found out the my auto insurance policy's Personal Injury Protection (PIP) covers me for accidents involving autos (even if I'm on my bike or walking along) and then goes after the other driver for reimbursement. I knew there was a good reason for owning a car (other than getting to Disneyland!)... Check it out if you have it.

jami
08-30-2006, 06:53 PM
i'd advise lots of advil if the wrist is hurting, and what the other people have said as far as getting insurance coverage.

in the mean time, you could take your bike to citybikes. i was pretty worried when my bike tire and foot went under a car tire, but was pleased to find out the bike only required $12 in repairs (they might have taken pity on me due to the limping), and they gave me a receipt for later reimbursement purposes. it's nice to get the bike repaired in a hurry at least, even if your body can't heal quite as fast.

hope your wrist is good as new soon. i had a few worrying months after my accident, but it's been a few years now, and i have to really think about it to remember which foot got run over.

pak ratt
09-12-2006, 03:47 PM
Hello-- been lurking for a while and thought I would add my experience--

I was rear-ended by a 17 year old at a redlight about 3 years ago--clearly his fault. Fortunatly I had stepped off the bike to make a quick seat adjustment-- out of the corner of my eye I saw the car approaching and dodged out of the way-- no injuries but a Trek Y-3 was totaly ruined.

I took estimates to the insurance company (his) for a replacement. I was paid market value for a new Trek (full supesion) bike that had replaced the old Y-3 model.

It was also helpful to run the route of "repairing the bike" which included frame, rear wheelset, labor, etc. It was much more than the cost of replacement of current model

That's how it worked for me...

manao
09-14-2006, 03:25 PM
Hi all, I've been browsing and finally registered, so here's my .02 on after-crash machinations.

Before settling with an insurance company, be _absolutely_ sure you have no longer-term injuries. My experience is that I was hit in what seemed at first to be a fairly minor collision, but the real "injury" came when the treatment for tendinitis (a common side effect of a big hit) went awry.

This was at least six months after the original incident.

It was a two-plus year ordeal once it was over and settled out of court, but my best advice is:

1. Keep detailed, dated notes about every single interaction and incident related to the collision,

2. Find and keep in contact with witnesses (I'm forever grateful to the person who saw the car hit me, gave me her business card, entered a statement into her Palm Pilot and, most important, saved it for a year and a half!),

3. Research statute of limitations for the medical stuff as well as property. My lawyer told me that the property damage must be paid right away, separate from the other expenses. You may have to remind the insurance adjuster of this, as I did.

4. Do everything to assess whether you have long-term injuries. Once you settle, you can't reopen the case. This means making and keeping follow-up visits to doctors, no matter how much of a hassle it seems to be (your doctor's notes will also become part of the record if your case moves to trial).

and

5. Muster all the patience, persistence, and tenacity you can. You'll need it.

Every time I see a cyclist who undoubtedly is in the legal right but is putting themselves in danger with a motorist, I now realize how not worth it it is to press the point.

It's worth saying again: Cars are hard, you are soft. I have a permanent injury to remind me. Safe rides to all.