Be careful out there

[Plum Hill]

Think even bigger pictures on damages.
I lost three months of work. I projected future pension losses based on lack of income for that time and the actuarial years of life post-retirement. The attorney was impressed with the angle.
Sadly, you’ll probably be stuck with whatever his amount of insurance is. In my case it was $100K; I saw very little. I now carry double that amount on my policy so it’ll kick in. The insurance company then goes after the perp.

[superbowlpats]

Originally Posted by Plum Hill

Sadly, you’ll probably be stuck with whatever his amount of insurance is. In my case it was $100K; I saw very little. I now carry double that amount on my policy so it’ll kick in. The insurance company then goes after the perp.

This is what worries me. In Mass the min is $20k
we started a GoFundMe page for her

https://www.gofundme.com/f/sue-aygarnkowalski

pic of bike
image000000_01.jpg

[oldpotatoe]

Originally Posted by superbowlpats

This is what worries me. In Mass the min is $20k
we started a GoFundMe page for her

https://www.gofundme.com/f/sue-aygarnkowalski

pic of bike
Attachment 1697984791

Sadly, you’ll probably be stuck with whatever his amount of insurance is. In my case it was $100K

NOT true at all..the insurance is one thing but if the driver is a fault, plus the accident documented via the police..the driver has other assets..get a good lawyer..quickly...

Altho gunfundme is an option, not sure why this would be necessary..particularly so soon after the accident..Was the driver at fault? Did the police get called, all documented? Get a lawyer..sorry, sounding like a broken record but don't do this alone..it's VERY complicated and fraught with pitfalls if not done right. Add to it she's beat up and in pain, scared, worried, etc..get a spokesperson, ally...

If you are a facebook person..go there and ask for lawyer recs..twitter also..

[superbowlpats]

Driver was cited by police. there is a police report. she has a hired a lawyer, one versed in bicycle accidents. the gofundme is to help them near term. she wont be back to work for quite some time and I'm guessing insurance settlements dont happen that quickly. But thanks to everyone for their advice and concern, much appreciated!

Also a shout out to the race directors of Kalon Cross and Quad Cross who refunded her entry fee money for this weekend's cross races that she was signed up for!

[froze]

Originally Posted by oldpotatoe

NOT true at all..the insurance is one thing but if the driver is a fault, plus the accident documented via the police..the driver has other assets..get a good lawyer..quickly...

Altho gunfundme is an option, not sure why this would be necessary..particularly so soon after the accident..Was the driver at fault? Did the police get called, all documented? Get a lawyer..sorry, sounding like a broken record but don't do this alone..it's VERY complicated and fraught with pitfalls if not done right. Add to it she's beat up and in pain, scared, worried, etc..get a spokesperson, ally...

If you are a facebook person..go there and ask for lawyer recs..twitter also..

Other assets are only available if the person has other assets, if he lives in trailer park and makes minimal wages or on disability income, drives around in a 83 Ford Fairmont, doesn't have a savings, your not going to be getting any other assets.

[oldpotatoe]

Originally Posted by froze

Other assets are only available if the person has other assets, if he lives in trailer park and makes minimal wages or on disability income, drives around in a 83 Ford Fairmont, doesn't have a savings, your not going to be getting any other assets.

Well, OF COURSE but to say any settlement is limited to the $ of the insurance policy isn't accurate..The lady that hit me was fired(contract driver, delivering packages for a Canadian firm) and ended up in a homeless shelter..so nope, not her but I know a guy who was nailed by a lady in a M-B...so...
Again, the victim isn't being greedy, anybody in this or any type of debilitating accident needs to thing long term...

[AngryScientist]

ouch.

knowing how strong and how much abuse a properly built wheel can take, seeing that picture gives a good indication of the impact damage involved in this disaster. makes me shudder.

it's good that she is in good spirits and looking to ride again, a positive start to the recovery.

keep visiting with her and keep her spirits high. i'm sure the other [important] mundane aspects of the recovery can be exhausting, she probably needs good friends to help keep upbeat about the whole mess.

[jh_on_the_cape]

There was an attorney that advertised in the NEMBA magazine a while back. I cannot remember his name. I don't think it was Glassman. But that might be a place to start?

I also more or less do not road ride anymore. Running I stick to trails as much as possible. Running I can quickly jump off the road, and I run on the left side to see oncoming traffic.
It's just not worth the risk for all of the above reasons. On the Cape we also have lots of elderly folks who should really not be driving.

Originally Posted by superbowlpats

any thoughts on how to find an attorney? bikelaw.com doesnt cover Mass. Visited her today, lots of pain but she is a trooper. wants to ride as soon as she can. moving to a rehab facility on the Cape tomorrow.

[rwsaunders]

Check the uninsured/underinsured segment of your auto policy...some policies cover you while you're riding a bike.

https://velosurance.com/blog/uninsur...-for-cyclists/

[froze]

Originally Posted by oldpotatoe

Well, OF COURSE but to say any settlement is limited to the $ of the insurance policy isn't accurate..The lady that hit me was fired(contract driver, delivering packages for a Canadian firm) and ended up in a homeless shelter..so nope, not her but I know a guy who was nailed by a lady in a M-B...so...
Again, the victim isn't being greedy, anybody in this or any type of debilitating accident needs to thing long term...

I never said anything about anyone being greedy, please reread what I said. Problem is if the at fault person is poor you won't get anything out of their assets, even if they're working and they can prove to the judge and jury that they only make enough money to live you can't leave the person unable to live financially.

[froze]

You need to get an attorney that's for sure, because they will make sure they get what the insurance company is suppose to pay you, without an attorney the ins company will take advantage of you; also an attorney can find hidden assets if it gets down to that sort of action.

[buddybikes]

May I ask where is Carver did it happen?

[superbowlpats]

On 58, between Meadow and South Meadow.

[oldpotatoe]

Originally Posted by froze

I never said anything about anyone being greedy, please reread what I said. Problem is if the at fault person is poor you won't get anything out of their assets, even if they're working and they can prove to the judge and jury that they only make enough money to live you can't leave the person unable to live financially.

Not saying you did, saying to the OP that asking for big $ in cases like this is protecting one's future..BUT I agree..it depends on the perp in every case, whether it be their insurance and/or their assets.

[froze]

Originally Posted by oldpotatoe

Not saying you did, saying to the OP that asking for big $ in cases like this is protecting one's future..BUT I agree..it depends on the perp in every case, whether it be their insurance and/or their assets.

There has been cases too where someone got drunk and seriously damaged a person or killed them and was awarded to pay assets to the injured party, and the perps purposely became homeless so they wouldn't have to pay the injured party a dime out of their work paychecks. Nice huh? I guess the good thing about a perp doing that is they have to live in hell on earth conditions till they die.