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#31
10-18-2017, 07:53 PM
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Thanks again for the advice and well wishes.
Officer was on scene and wrote up report. Driver stayed as well as joggers around. I will share my experience once I am done with insurance. i did retain a lawyer already and he was able to give me advice before the driver's insurance called. Otherwise my clouded mind could have done something really stupid. I do have a back up bike to ride if I have the guts to do so, once I feel better. But we can't live in fear, can we? Just need to be more vigilant.
__________________
Dean El Diente BH Lynx 4.829 Jamis Ventura (Kickr) 
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#32
10-18-2017, 08:08 PM
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I hope you heal quickly, in every respect. Physically I healed enough to ride again in about six weeks. Mentally, going on 16-1/2 years now, not so much. No amount of mirrors, lights and cameras keep me from getting nauseous when I read or hear of events like this.
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#33
10-18-2017, 08:25 PM
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[QUOTE=tuxbailey;2249464]Thanks again for the advice and well wishes.
Officer was on scene and wrote up report. Driver stayed as well as joggers around. I will share my experience once I am done with insurance. i did retain a lawyer already and he was able to give me advice before the driver's insurance called. Otherwise my clouded mind could have done something really stupid. I do have a back up bike to ride if I have the guts to do so, once I feel better. But we can't live in fear, can we? Just need to be more vigilant. We all need to be more vigilant. I would not talk further about this here, enough said. Hope you heal up quickly tuxbailey.
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#34
10-18-2017, 08:30 PM
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You've probably been told already, this won't be resolved quickly. 12 months or more is normal. My lawyers don't take any percentage for the equipment replacement costs. They are only receiving percentage on the personal injury part.
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#35
10-18-2017, 08:59 PM
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All the previous advice was great, reread it if you need to!
I was wicked lucky in '03 and things were settled fairly quickly all things considered but my lawyer (friend) handled it perfectly as his day job was doing the exact same thing from the insurance side lol. With a more experienced person on the driver's insurance side and it could have been handled in one 5 minute call. Alas, it took a few months ... prepare to wait. Rest and recover. You'll get back on the bike when you're ready.
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#36
10-19-2017, 04:55 AM
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Get well. Sounds like you've gotten and heeded some good advice here. I've been hit and knocked off the bike twice. I'd like to think this lessens the likelihood I'll be hit again, but of course it doesn't work that way.
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#37
10-19-2017, 05:06 AM
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Get well soon.
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#38
10-19-2017, 10:32 AM
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Really impressive, the quality of the responses you've gotten here. Bravo Paceliners.
 And I also hope you fell better soon. Have had the same happen to me, more than once, unfortunately. I would just add, on two occasions I was riding highly modified bikes and kit, so dropped off my whole set-ups at my LBS and had them write a formal repair/replace ticket part-by-part (clothing, lights, helmet shoes/cleats etc.) at MSRP. Good luck
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#39
10-19-2017, 10:52 AM
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I am in the final stage of this process right now. Tho my case was seriously bad and required painful surgery. The insurance will drag this out as long as they can and hope you or your lawyer slips up so they can deny you. Also, some lawyers will work on spec (and take a % of the settlement) or you can hire them hourly. It's very good that you got a police report - that is the key.
The first and most important thing is to document everything. Ever penny you spent, time spend doing it, damage to every last thing (bike/kit/body/etc). Your LBS can give you a quote for damages. Write down as much as you recall about the accident now. You will have to do a deposition later with lawyers present and the more clearly you remember things the better. Obviously do not ever speak to the driver's insurance company and make sure they get all the paperwork and bills. Don't let them try to stick you with any bills unless your lawyer agrees. Just remember this will get dragged out until they'll be forced to either settle or go to trail. Don't be surprised if you even have to go thru a jury selection process, only to settle on the court steps the day of the trail.
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#40
10-19-2017, 11:21 AM
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heal up and start riding mtb first? glad you are still here.
__________________
chasing waddy
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#41
10-19-2017, 12:37 PM
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I was hit in May by a driver. Had a police report. Maybe my experience will be helpful for you...
The driver's insurance company contacted me immediately. They covered all medical expenses. Then they said the bike was totaled, and asked for me to send a price to replace the bike, i did and they wrote me a check. Then there was an insurance representative covering the "injury" part who contacted me to see the extent of the injuries, and kept track how I was recovering. Luckily, i wasn't badly injured so i didn't think about contacting a lawyer. After, i visited PT the final time and got a "good to go" from the doctor, the insurance representative contacted me and offered me a settlement of $4K. I never asked for this, didn't expect it, and didn't try to negotiate more. So depending on what you're aiming for maybe you don't need to find a lawyer. glad that you made it out alive.
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#42
10-19-2017, 01:50 PM
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The above is not the norm.
Contact Seth Davidson. He's written a ton on the subject and may be able to refer you to the best bike guy in your area. Heal up. https://www.facebook.com/sethlegal/
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#43
10-19-2017, 02:47 PM
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Quote:
I would still suggest that the OP does not talk to the ins co until he has a lawyer. THere's way more to it than you think. CAN you do it yourself? Sure. SHOULD you? Having done two, I'd say no. You're experience was very much out of the norm.
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#45
10-19-2017, 03:54 PM
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Quote:
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Linear Mode
