PDA

View Full Version : Need Someones advice...


fireproof1905
08-08-2011, 07:46 PM
Need advice if anyone has been hit by a car while riding and been injured...
I have a lawyer but need to know what other steps i need to take..
I edited my original post to help keep details of the case down... :fight:

thanks

LouDeeter
08-08-2011, 07:49 PM
Your lawyer should help you with this. The damaged bike is part of your claim. Just getting healed and reimbursing you for your losses is only part of the problem. When you get older, those injuries are going to bother you. But, again, ask your lawyer. He knows what he can expect to get, or he should.

fireproof1905
08-08-2011, 07:53 PM
Your lawyer should help you with this. The damaged bike is part of your claim. Just getting healed and reimbursing you for your losses is only part of the problem. When you get older, those injuries are going to bother you. But, again, ask your lawyer. He knows what he can expect to get, or he should.

Thanks alot for such a quick reply....

AngryScientist
08-08-2011, 07:58 PM
wow, sounds like things went pretty bad out there. i agree with Lou about conferring with your lawyer, and i second the notion that the injuries you describe sound far reaching.

i would certainly make sure you are also working closely with your doctors and surgeons to understand the implications of your injuries and what they really mean for your future. if i were you, i would want multiple opinions, you want to be sure you know the whole story. nerve damage, arthritis, whatever.

good luck, here's hoping you have a speedy and full recovery, keep us posted with your progress. :beer:

BengeBoy
08-08-2011, 08:03 PM
2 pieces of advice:

1. Ask your lawyer.
2. Don't put more facts about your crash or your condition on the Internet.

BumbleBeeDave
08-08-2011, 08:12 PM
. . . Don't talk to or sign anything for anyone who may contact you, no matter what their stated reason, without consulting your lawyer first.

If the driver has lawyered up and is not talking, you can probably be assured he has an insurance company. That insurance company doesn't stay in business by paying claims like yours. They stay in business by AVOIDING paying claims like yours. If someone calls wanting any info about what happened and they aren't your lawyer, don't say anything until you've checked with him/her.

Best of luck to you . . .

BBD

Peter P.
08-08-2011, 08:13 PM
Do not repair or dispose of your damaged bike, clothing, or other equipment. Start a folder where you'll keep track of all doctors' visits, medical expenses, long distance phone call charges, time off from work, etc., with dates, times, and costs.

Get 2 copies of Bob Mionske's book, Bicycling and the Law. Keep one for yourself and give the other to your lawyer as a nice gesture. Read the chapter on dealing with accidents. You'll be glad you did; best money you'll ever spend.

fireproof1905
08-08-2011, 08:26 PM
Do not repair or dispose of your damaged bike, clothing, or other equipment. Start a folder where you'll keep track of all doctors' visits, medical expenses, long distance phone call charges, time off from work, etc., with dates, times, and costs.

Get 2 copies of Bob Mionske's book, Bicycling and the Law. Keep one for yourself and give the other to your lawyer as a nice gesture. Read the chapter on dealing with accidents. You'll be glad you did; best money you'll ever spend.

just ordered two copies look forward to reading it... thanks

AngryScientist
08-08-2011, 08:33 PM
just ordered two copies look forward to reading it... thanks

interesting, i may get a copy myself.

fireproof1905
08-08-2011, 08:37 PM
interesting, i may get a copy myself.

bought it on amazon for like 3.62 a copy under 15 bucks for two copies with shipping... :beer:

oldpotatoe
08-09-2011, 08:06 AM
Need advice if anyone has been hit by a car while riding and been injured...
I have a lawyer but need to know what other steps i need to take..
I edited my original post to help keep details of the case down... :fight:

thanks

A good attorney, somebody who will fight the good fight with the insurance company is ESSENTIAL. DO NOT talk to the others insurance company or lawyer or the person who hit you.

DOCUMENT everything..bike damage, your damage, your time, everything and hand it to your attorney.

EXPECT the insurance company to cajole you, threaten you, try to bargain with you, sign something. They are all about saving $, protecting their interest, their client, they care zero about you and your condition.

I got hit from behind by a lady in a P/U truck who fell asleep on a saturday morning at 10am...even tho it was very obvious who was at fault, it took 3 years to settle out of court. I was accused of everything you can imagine by her insurance company AIG. In spite of broken back(L-1, L-3burst fracture, C-2), concussion, 5 days in a hospital and 3 months in a backbrace, they accused me of insurance fraud and malingering...amazing...

good luck, make sure your attorney isn't afraid to take this to court.

Kontact
08-09-2011, 08:31 AM
When an attorney or cyclist brings in a bike to our shop for a post accident estimate, we always use the "make it like new" principle. It's only a small part of your claim, but can add up with nicer bikes.

Sorry to hear about your accident.

oliver1850
08-09-2011, 11:52 AM
Sounds pretty bad, hope you are on the mend.

I haven't had to deal with insurance companies in a cycling accident, but know they will do just about anything to get out of paying.

Question for others that have been through this process: Did you get a lawyer that specializes in cycling cases, or would you if you had to go through the process again?

There are other threads here on this topic, this is a recent one:


http://forums.thepaceline.net/showthread.php?t=90887&highlight=lawyer+injuries

Joachim
08-09-2011, 11:57 AM
Definitely get one that is specialized in handling bike cases and not afraid to go to court. Insurance companies will actually keep track of which lawyers will be willing to go to court and which won't. The property damage claim should not take too long if you have an experienced lawyer. The personal injury claim is another story and should not be rushed.

oliver1850
08-09-2011, 12:07 PM
Good point Joachim. Court is a time consuming, expensive process which the insurance companies like to avoid. It makes sense that they keep track of lawyers who will actually follow through.

Liberace
08-09-2011, 12:46 PM
Has anyone had a good experience with an insurance carrier?

haneriali
08-09-2011, 01:03 PM
If you have not already done so, please write down a detailed accounting of what happened. Be sure to include language that is accurate, e.g., if you don't remember a detail state it as such--do not guess or estimate. If this goes to mediation or court, you'll have to give a deposition, and your recollection to your own insurance investigator is discoverable. They better match, or you'll be accused of being dishonest.

Joachim
08-09-2011, 04:03 PM
Has anyone had a good experience with an insurance carrier?

My bike lawyer is insured by State Farm himself and has good things to say when he deals with them when they are on the other side of the fence. I'm not sure if this differs from town to town or state to state so your experience might differ.

My own case took about 4-6 weeks for the property damage claim to be approved and paid (not related to my opinion about State Farm above). The personal injury claim took about a year, since I had to get physical therapy for quite a few months. Still have issues that will never resolve, but that's part of it. The more severe your injuries the longer it will take, but again, do not rush into anything. Make sure you are as good as you are going to be before signing a settlement. A good lawyer will save you from your own impatience.

fireproof1905
08-11-2011, 05:42 PM
Hey guys, was wondering if depression is common after an accident, I've been obiouvsly down since the accident but i've had bad mood swings and snapping easily and as non manly as it sounds, the verge of tears for no reason... can't believe i admitted that but anywho... :crap:

sc53
08-11-2011, 05:49 PM
That's probably not depression but rather PTSD or shock! It's perfectly natural after an accident like you had. You should see a doctor and get a referral to a counselor, and be DOCUMENTING all your expenses along the way (as many others have advised).

fireproof1905
08-11-2011, 05:51 PM
yeah i see the doc next wednesday, also wondering how long after that injury's will keep popping up, i've got the shakes really bad today and my neck has been stiff but now it's really bad pain.

oldpotatoe
08-12-2011, 07:59 AM
yeah i see the doc next wednesday, also wondering how long after that injury's will keep popping up, i've got the shakes really bad today and my neck has been stiff but now it's really bad pain.

I still see a counselor and I got hit in 2002. Another recent experience triggered this latest episode but the 'trama' stays with you..sorry but go see a LCSW(Licensed clinical social worker).

oliver1850
08-14-2011, 11:58 PM
Hang in there, K. You're going to take a while to heal up, it's natural to get frustrated and have some reactions that aren't normal for you. Just try to make some progress every day, it will help your outlook. I hope you will feel like posting about other things that interest you. There are good people here with a wealth of information on lots of topics.