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Hey guys,
Hoping to find some help here.
I was hit on a side while I was riding my bike; a driver had pulled out near a give way without looking. I have an insurance cover on my mountain bike, so I have hired a bicycle accident lawyer to recover the losses, as my friend suggested. I have dashcam footage from the car behind the driver, which I'm sure will be conclusive evidence if the driver denies liability.
I have my bike retailer quote full retail prices for every part damaged, which comes around $2000. Even my clothing and helmet were destroyed, including my shoes, which were scuffed. My lawyer said that I could claim, maybe more than $10,000 from the insurance company. I have never been in a bicycle accident before, so I was wondering if anybody had any problems trying to claim such an amount? How long did it take for the claim to be settled?
I have a bike trip planned in less than a month, and if they did not resolve this in time to have my bike fixed, I would have to rent a similar top-end bike. If that happens, can I claim the cost back from them?
Can you guys please share your experiences or advice, to me or others, to learn from it? Thanks in Advance!
 

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Big Mac
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First thing you must do, is ditch the lawyer. Then come back here for the good help.


Sent from my iPhone using Tapatalk
 

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Super Moderator
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Hey guys,

I have a bike trip planned in less than a month, and if they did not resolve this in time to have my bike fixed, I would have to rent a similar top-end bike. If that happens, can I claim the cost back from them?
Can you guys please share your experiences or advice, to me or others, to learn from it? Thanks in Advance!
If your lawyer is any good they will be able to answer those questions for you.

If they can't answer those questions go get a different lawyer.
 

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Self Appointed Judge&Jury
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Things that make you go hmmmm...
 

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Administrator
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Hey guys,
Hoping to find some help here.
I was hit on a side while I was riding my bike; a driver had pulled out near a give way without looking. I have an insurance cover on my mountain bike, so I have hired a bicycle accident lawyer to recover the losses, as my friend suggested. I have dashcam footage from the car behind the driver, which I'm sure will be conclusive evidence if the driver denies liability.
I have my bike retailer quote full retail prices for every part damaged, which comes around $2000. Even my clothing and helmet were destroyed, including my shoes, which were scuffed. My lawyer said that I could claim, maybe more than $10,000 from the insurance company. I have never been in a bicycle accident before, so I was wondering if anybody had any problems trying to claim such an amount? How long did it take for the claim to be settled?
I have a bike trip planned in less than a month, and if they did not resolve this in time to have my bike fixed, I would have to rent a similar top-end bike. If that happens, can I claim the cost back from them?
Can you guys please share your experiences or advice, to me or others, to learn from it? Thanks in Advance!
I missed the earlier noted shenanigans but I can share my experience with an accident.

I was riding down a long hill and got doored by a passenger in a courtesy vehicle getting out of the car at a green light in a traffic lane. The door hit my face and broke my pinky finger including tearing the tendon off the most distal phalange (hammer finger). I was on a carbon bike and the front wheel stopped me against the door as it took the door around to the front fender of the car.
The driver had no ID and wasn't licensed to drive a courtesy vehicle. The car was from a locally franchised large automaker dealer's autobody shop.

After receiving medical attention and talking to the police it was determined to have been their fault as the car door was totaled and you can make that **** up.

I talked with their insurance and they told me to pay all my medical bills and when we settled they would reimburse me. I checked around and this is pretty typical. If you use your own insurance for medical understand that when you get reimbursed you need to pay back your medical insurance provider whatever they covered as the insurance company will reimburse your the entire invoice for medical, and if you don't return the money to your own insurance company you have committed insurance fraud and could be sued or dropped by your insurance company. Which I only found out after the fact when I was being made whole by the insurance company for the dealership.

During my recovery I was able to get compensation to set up another bike I had for commuting as it was my main form of transportation to my office. Alternately they would have paid for my bus tickets if that was my only other option. There was not debate and they were totally fine with that.

To get compensation for my bike I needed to provide proof to them of that bike for sale currently. Luckily for me it wasn't that old and was still for sale on certain websites as the company had changed the name of the model and the insurance, not knowing bikes, wouldn't approve replacement value for a bike that wasn't exactly what I had on my purchase receipt (they would not accept an assessment of value from a bike shop as those are easy to fake so consider that). With the receipt and the price on the website for this older model they made payment to me for the full amount of the bike no problem and I was able to purchase the new model for a similar price. As I didn't hit the ground there was nothing else for them to replace but had I broken my helmet they would have replaced that when I got compensation to return my old commuter to service.

A couple of years after the accident I was finally done with my finger and associated maladies from the accident and ready to settle. I signed the settlement after we determined that for suffering and injuries and based on the standard compensation for a digit I would receive $5k for the finger plus all the medical bills. It ended up around $3.8k for medical. They also paid out $300 for bike parts for my commuter, plus the $2.8k for my bike, and my pay rate for time out of the office which I returned to my office (shouldn't defraud your place of employment either, also insurance fraud).

Once I receive the compensation I paid back my medical insurers, which was a huge pain in the ass, and put the medical money back in my HSA to cover the amount I paid out, and the remainder went into my savings.

Unless you were badly hurt I would say that you shouldn't expect to receive $10k for pain and suffering. Look at the standards for loss of use and understand the insurance companies are there to benefit their insured and not benefit those that are making claims against them. Push hard to get what will make you whole for the short term, which in your case could be the bike rental and replacement of your safety equipment. Check first do not assume that they may cover it. Maintain all receipts for everything you need to add to your claim, whether it be a bus ticket to a medical appointment, missed hours at work, replacement parts, etc. Make copies and keep them safe. You will not receive any compensation for anything if you do not have an actual receipt with a CC number and your name associated with it. Don't pay cash for anything you expect to get compensation for.

A lawyer may help you extract extra money from the insurance company but as you don't seem to be excessively injured and only suffered damage to your possessions you might not recoup anything more than what those items are worth and then you will have to pay the lawyer and end up losing money. I am not a lawyer and did not retain one in this case as my injuries were fairly minor and the driver admitted fault when the police showed up so take what I have said at face value as an experience and yours may vary depending on state and the insurance company you need to deal with.

To make a case that you have mental injuries from the accident to get that extra compensation (pain and suffering or whatever) is a long and complicated row to hoe. I still shudder when I ride between parked cars and traffic cars, especially near lights when the bike lane is narrow. A lot of times now, well before covid, I will just wait with traffic vs. zipping through in the bike lane (which is what I was doing when I got hit). It has impacted my mental state on my bike and perhaps could be compensation worthy but proving it would be more time and effort than I am willing to take just to try and get more money from the company. Ultimately with minimal injuries and no impact to my ability to do my job, and only a whacky and some weird looking right pinky I can't imagine it would have beed worth it to seek more money.

As a final result the insurance company also recommended that if I need to get the replacement bike quicker (which I did not) that I should make a claim on my personal home owners insurance then pay them back when I got the settlement for the bike. I chose not to do this as it seemed more difficult than just waiting it out. If you go this way again make sure you return the money to your insurance to avoid that insurance fraud thing, as the one thing insurance companies do care about is fraud and they will chase it down with extreme prejudice.
 

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CEO Product Failure
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$10k settlement? Eff no!! That's way too low.

My experience-rear ended in 2004. The at-fault driver's insurance paid for all hospital bills and damages. Fast forward a few years, I have bone spurs on my spine and a herniated C-spine (discs C5,C7) thanks in large part to the accident in 2004. The MRI required to diagnose my injuries cost me $4500 out of pocket, add in the physical therapy, discomfort, missing work due to injuries, not being able to sleep, not being able to ride. You get the idea. Get a more agressive lawyer. Spinal injuries some times take years to show up.
 

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$0.02 from my experience, courtesy of my lawyer: #1, scrub any mention of your accident off the internet until AFTER you've settled everything. My incident(s) prior to the last included no personal injury, and I did not pursue them...my last one resulted in a totaled bike, a shattered arm, concussion, punctured lung, and 2 fractured vertebrae. Road rash took about 6 months to completely heal, and I will be permanently scarred. The settlement was not as large as you are probably thinking, but due to the rules of insurance in my state (NJ), my health costs were paid by my auto insurance, despite the incident occurring on a bicycle--because a car was involved, it was a motor vehicle incident. The whole process of settling took a bit more than a year, and between convalescing/physical therapy, my recovery was only slightly shorter. Remember that, until you are healed, you should not settle ANYTHING, and especially not without any kind of outlook from medical professionals.

I would presume that your lawyer in not just a personal injury attorney, but specializes in cycling incidents (or so I would hope). Reach out to people in your area who have dealt with similar, and you'll surely be put in touch with someone who got them satisfactory results.
 

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Fart smeller
Paid to post this crap.
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First thing you must do, is ditch the lawyer. Then come back here for the good help.
Tried to rep you, but apparently I need to rep someone else first (Ritard!?).

Scuffed mtb shoes? O. M. G. I smell a HUGE lawsuit.
 

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All kidding aside, I hope everything works out. I was hit a long time ago, I healed up fine but I never have liked cars whizzing by since. I stay off roads for the most part. You may be a “vehicle” according to the law but a bike is no match for a car if someone make sure a mistake.
 

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I had a similar situation, but a lawyer helped me sort out all the questions. When I was hit by a car, I was hospitalized because the driver was driving at high speed. I fell off my bike and hit my head on the curb. When I regained consciousness, I was told that the driver did not want to pay for my treatment. He accused me of driving in the wrong lane. I was outraged because this man almost killed me and denied his guilt. I was able to prove his guilt when I asked for help from https://www.hlgny.com/car-accidents/. The lawyer quickly dealt with this case, and I was even paid moral compensation.
 

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I would find a bicycle specific attorney, possibly from the group mentioned above.

It depends on the area, the judge, and the other person’s attorney.

I have read, put it down as a suspicion, contrary to some of the previous posts, a court will favor the driver most of the time.
 

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I had a similar situation, but a lawyer helped me sort out all the questions. When I was hit by a car, I was hospitalized because the driver was driving at high speed. I fell off my bike and hit my head on the curb. When I regained consciousness, I was told that the driver did not want to pay for my treatment. He accused me of driving in the wrong lane. I was outraged because this man almost killed me and denied his guilt. I was able to prove his guilt when I asked for help from https://www.hlgny.com/car-accidents/. The lawyer quickly dealt with this case, and I was even paid moral compensation.
Could you tell me some more information about it? Let’s talk in PM
 

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Pro Crastinator
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sue happy shitheads are the problem with society. yes, i've been in the hospital from being hit by a car and chose not to sue and be a part of the society that i despise...
 
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