Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 09-20-05, 10:16 PM   #1
Fuddlewinks
Newbie
Thread Starter
 
Join Date: Sep 2005
Bikes:
Posts: 1
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
How Long Does It Hurt?

I was involved in a biking accident yesterday on the road - driver ran a stop sign and hit my back tire, which knocked me to the ground. I landed on my knees, which are pretty badly bruised and sore. Went to the doctor and he didn't notice anything major - just wants me to keep my knees wrapped and iced. However, today I am feeling really tight in my lower and upper back as well as in my chest. Is this pretty normal? What other typical pains and such should I expect? How long are you usually sore for? I have to meet with the driver's insurace adjuster tomorrow and since I have no health insurance I don't know if I need to be looking ahead for injuries that might show up later. Are future injuries possible or would I know by now?
Fuddlewinks is offline   Reply With Quote
Old 09-20-05, 10:27 PM   #2
HereNT
無くなった
 
HereNT's Avatar
 
Join Date: Mar 2004
Location: Sci-Fi Wasabi
Bikes: I built the Bianchi track bike back up today.
Posts: 5,073
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I think a lot of doctors say that back injuries might not show up for weeks. I'd be sure to wait until you have a full clean bill of health from your doctor to take any settlement from the insurance company. You don't know what the final bills are going to be yet - make sure that they know that.

I hope you get better soon... there are probably a lot of other people on here that would know better than I do...
HereNT is offline   Reply With Quote
Old 09-20-05, 10:45 PM   #3
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I've got quite a bit of experience in the claims side of this equation, but it would be wrong to offer too much advice. I will tell you that the adjuster will be in a rush to settle your claim, and you need to let him know that you won't rush into anything. Please ask him what the statute is on your claim. You'll have anywhere from 1-3 years to settle the claim. It's not about robbing the insurance company, but it's certainly too soon to properly assess your injuries completely. Be honest, and let them know that you're still treating, and you're not comfortable signing anything. I'm happy to answer any other questions you have after meeting with him/her.

As far as the pain - healing is up to the individual. Heat for your sore muscles - hot bath or shower, and see how you feel in a few days.
Brian is offline   Reply With Quote
Old 09-20-05, 11:13 PM   #4
Bekologist
totally louche
 
Bekologist's Avatar
 
Join Date: Oct 2004
Location: A land that time forgot
Bikes: the ever shifting stable loaded with comfortable road bikes and city and winter bikes
Posts: 18,025
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
why are you meeting with the DRIVER'S insurance adjuster?

Talk to a lawyer first, please. For your own sake. Their insurance adjuster will be trying to get you to make an admission of responsibility and limit their client's liabilities; if you think they will be looking out for your better interests in this you are sorrily mistaken.

NEVER talk to their insurance guy; they should be talking to your lawyer.
Bekologist is offline   Reply With Quote
Old 09-20-05, 11:43 PM   #5
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Bekologist
why are you meeting with the DRIVER'S insurance adjuster?

Talk to a lawyer first, please. For your own sake. Their insurance adjuster will be trying to get you to make an admission of responsibility and limit their client's liabilities; if you think they will be looking out for your better interests in this you are sorrily mistaken.

NEVER talk to their insurance guy; they should be talking to your lawyer.
Whatever. If you want to draw out your treatment, and give 1/3 of any settlement to an attorney, you should go ahead and hire one out of your own pocket. If you're honest, and your interests lie in getting proper treatment, go meet with the adjuster first. If you were not at fault, you have nothing to worry about. You will be required to give a statement of your version of the loss, but you can defer that if you don't feel comfortable doing so right away. Ask the adjuster up front if liability has already been determined to be 100% on the responsible party. If they find you liable in any way, they will need to put their reason in writing.
Brian is offline   Reply With Quote
Old 09-21-05, 08:12 AM   #6
Bekologist
totally louche
 
Bekologist's Avatar
 
Join Date: Oct 2004
Location: A land that time forgot
Bikes: the ever shifting stable loaded with comfortable road bikes and city and winter bikes
Posts: 18,025
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm sorry, expat, I completely disagree with you here, and I've been knocked to the curb a few times, as you have as well, and

suggesting to fuddlewinks, who is possibly still in treatment, to talk to their adjuster without first talking with a lawyer is irresponsible.

their insurance adjuster will be attempting to limit their clients liability and get fuddlewinks to agree to a possibly inadequate settlement.

It's totally unclear if the police were involved, if a report was filed, if their were witnesses...and you suggest to fuddlewinks to walk into the lions den unprepared.

fuddlewinks, belay the talking to the adjuster until you talk with a lawyer.
Bekologist is offline   Reply With Quote
Old 09-21-05, 08:15 AM   #7
va_cyclist
Senior Member
 
va_cyclist's Avatar
 
Join Date: Jun 2005
Location: Ashland, VA
Bikes:
Posts: 1,345
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Fuddlewinks
How long are you usually sore for?
Also depends on how old you are. I don't heal up nearly as quickly in my 40's as I did in my 20's.
va_cyclist is offline   Reply With Quote
Old 09-21-05, 08:46 AM   #8
Miracle Whip
The Alternative Dressing
 
Join Date: Jan 2004
Location: In the condiments section of your local grocer
Bikes:
Posts: 169
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Bekologist
why are you meeting with the DRIVER'S insurance adjuster? Talk to a lawyer first, please.
He can't afford his own health insurance yet you think he should talk to a lawyer? I think he's a big enough boy to tell the insurance agent he's not ready to settle yet. Perhaps he might make use of the opportunity to see what the insurance company is gonna pay for.

Quote:
belay the talking to the adjuster
Talk Like A Pirate Day was the 19th
Miracle Whip is offline   Reply With Quote
Old 09-21-05, 09:45 AM   #9
Bekologist
totally louche
 
Bekologist's Avatar
 
Join Date: Oct 2004
Location: A land that time forgot
Bikes: the ever shifting stable loaded with comfortable road bikes and city and winter bikes
Posts: 18,025
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
hmm, belay's a climbing term..and 45 million americans don't have health insurance, its not just fuddlewinks.

fuddlewinks should talk to a lawyer to help him sort out his choices, in his original post his tone is one of an inexperienced cyclist getting injured seriously for the first time, and they make it sould like they are REQUIRED to talk to the adjuster toady.


Seriously, cyclists. Fuddlewinks was injured badly enough to seek a doctor's care, and they are in pain today. How long does it last? it could last a month, it could get worse. I don't know how bad the poster is hurt.


But, one of the cardinal rules in bicycle/auto accidents, is, NEVER make a statement to the other guys insurance without your insurance or a laywer batting for you.

Obviously, the driver's insurance thinks they got some liability to cover; they will be trying to make it as small as possible. In this case, if there isn't a police report, their adjuster will try to get fuddlewinks to admit to some or all of the fault, and they will do it with subterfuge and deceit.

Fuddlewinks, good luck. I think you should talk to a personal injury lawyer who specialized in motorcycle/cyclist accidents. It will be very informative for you, doesn't cost anything, and you're better off talking to someone with your interests in mind before talking to someone with the other guys best interest foremost and limiting/denial of your financial claims tops on the list.
Bekologist is offline   Reply With Quote
Old 09-21-05, 02:35 PM   #10
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Wow, great to hear all the old school comments. Bad Faith suits have done a lot to clean up the insurance industry. They'll be happy he wasn't killed/maimed/or had broken bones, and probably come to an agreeable settlement. When I have a bit of time later, I'll post the breakdown of how payments will go with a lawyer, and without.
Brian is offline   Reply With Quote
Old 09-21-05, 03:52 PM   #11
lilHinault
.
 
Join Date: Apr 2005
Location: .
Bikes: .
Posts: 3,094
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
You're going to feel like a fly that met a flyswatter for a bit, stretch, get in some hot tub time, be nice to yourself.

I lifted something wrong one day, just felt a sort of numb pain, slight, in my back, then was reaching for someting while kneeling (reaching vacuum hose under a table to get those dust bunnies) and felt a "crunch" and I was screwed for a week! I could not lift anything, was in a lot of pain, had trouble sitting down in a chair or getting up, I was a hurt unit.

So, take it very easy, if you try pilates start with the class full of old ladies not the one full of jocks.
lilHinault is offline   Reply With Quote
Old 09-21-05, 03:54 PM   #12
Bekologist
totally louche
 
Bekologist's Avatar
 
Join Date: Oct 2004
Location: A land that time forgot
Bikes: the ever shifting stable loaded with comfortable road bikes and city and winter bikes
Posts: 18,025
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
from someone who worked for the insurance side of things, well said?? expat.

your comment

Quote:
If you were not at fault, you have nothing to worry about
is so wrong and misleading it's laughable if it didn't hurt so much.
Bekologist is offline   Reply With Quote
Old 09-21-05, 04:01 PM   #13
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Um, yeah. I'll agree with you 100%. Those three words below your name speak volumes.
Brian is offline   Reply With Quote
Old 09-21-05, 04:03 PM   #14
Bekologist
totally louche
 
Bekologist's Avatar
 
Join Date: Oct 2004
Location: A land that time forgot
Bikes: the ever shifting stable loaded with comfortable road bikes and city and winter bikes
Posts: 18,025
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
haha, so erudite, expat. A personal insult on my self-effacing signature because I disagree with your pro insurance industry slant on bicycle-auto collision.

Some of your suggestions are rational and I'm not recommending bad faith lawsuits, but suggesting

'if a cyclist isn't at fault they've got nothing to lose' talking to the driver's insurance adjuster is just WRONG WRONG WRONG and you should be ashamed as a cyclist to even suggest such malarky.

I don't know what kind of saccharine laced jamestown brew you were injesting during your insurance days, but insurance companies are compelled as a corporation to limit claims, even to their own insured.

Again, your suggestion a cyclist has nothing to lose talking to the other guy's insurance adjuster is WRONG and misleading, and as a cyclist, you should be ashamed of yourself for spouting such nonsense.

Last edited by Bekologist; 09-21-05 at 04:31 PM.
Bekologist is offline   Reply With Quote
Old 09-21-05, 04:17 PM   #15
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
When I get back home, I'll post my long explanation. Let the OP get both sides, they can make their own decision. I'm in the office for a few hours, then it's off to my oldest daughter's year 12 commencement. After that, I'll have time to piss off for a bit.
Brian is offline   Reply With Quote
Old 09-21-05, 05:22 PM   #16
genec
genec
 
genec's Avatar
 
Join Date: Sep 2004
Location: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
Posts: 24,714
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 324 Post(s)
Quote:
Originally Posted by Bekologist
hmm, belay's a climbing term..
Also a Navy term... do a google on "belay my last" and see what pops up...

Fair winds.
genec is offline   Reply With Quote
Old 09-21-05, 05:44 PM   #17
HWS
Fuji Shill
 
HWS's Avatar
 
Join Date: Apr 2005
Location: WPAFB, OH
Bikes: Fuji Roubaix
Posts: 1,230
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
You need a lawyer. End of discussion. If the driver was at fault (as in cited by the police.....you did report this???) then you need someone on your side who understands the legalities of your situation. Find a good local firm with an agressive rep. 99% will take a case like yours on contingency so you wont have to pony up a thing up front...if at all.
__________________
HWS is offline   Reply With Quote
Old 09-21-05, 07:00 PM   #18
Bikepacker67
Banned
 
Bikepacker67's Avatar
 
Join Date: Jul 2005
Location: Ogopogo's shoreline
Bikes: LHT, Kona Smoke
Posts: 4,086
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm with Bek on this one.

Only a BLOODY FOOL would talk with the insurance adjuster.
Their job is to MITIGATE the responsibility of the insured.
Bikepacker67 is offline   Reply With Quote
Old 09-21-05, 07:34 PM   #19
Bud Bent
Wheezing Geezer
 
Bud Bent's Avatar
 
Join Date: Dec 2004
Location: Crowley, Tx
Bikes: Bacchetta Corsa, RANS Stratus XP
Posts: 1,782
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
After you talk him into a lawyer, be sure to also have him visit a quack doctor who will take the insurance company for all he can. That's exactly why insurance is so high. You people are too much.....
Bud Bent is offline   Reply With Quote
Old 09-21-05, 07:59 PM   #20
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Thank you, Bud. Good to see someone else using their head for something other than a helmet stand.

Yes, get an attorney right away. He'll make sure you go to his doctor, who will then prescribe physical therapy whether you need it or not. You'll have to go 3 or more days a week, during work hours, so that you can also pursue lost wages. Even if you improve with PT, you'll have to keep going, so as to bolster the claim even more. So the insurance company will spend $3k on medical/PT, then cut your attorney, not you, a check for say, $5k? Give at least 1/3 of that to the attorney.

Scenario number 2: You meet with the adjuster, give him the name of your GP, the doctor that's looking after your best interests, and request that they set up direct billing. If your doctor and you agree that you need PT, you contact the adjuster, and have him arrange to pay the bills direct. When you are feeling better, you discuss with your doctor any possible residual injuries, perhaps even get referred to a specialist. At that time you you enter into negotiations to settle your claim. If you want $5k for your pain and suffering, lost wages, and possible future treatment, ask for $8k, and let the adjuster stew on it.

Of course, it's up to the individual, their honest, and integrity. To portray all insurance adjusters/companies as trying to stick it the injured party is irresponsible. That mess was created by all the scam artists and shady attorneys.
Brian is offline   Reply With Quote
Old 09-21-05, 08:11 PM   #21
Bikepacker67
Banned
 
Bikepacker67's Avatar
 
Join Date: Jul 2005
Location: Ogopogo's shoreline
Bikes: LHT, Kona Smoke
Posts: 4,086
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Excuse me... But why SHOULDN'T FW be compensated for his pain and suffering?


How do YOU know that there won't be lifelong reprecussions from this idiot driver's failure to trail at a safe distance?
Bikepacker67 is offline   Reply With Quote
Old 09-21-05, 08:52 PM   #22
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Bikepacker67
Excuse me... But why SHOULDN'T FW be compensated for his pain and suffering?


How do YOU know that there won't be lifelong reprecussions from this idiot driver's failure to trail at a safe distance?
Which one of us said he shouldn't be compensated? Just quote them in your next post, so we don't have to go back and look.
Brian is offline   Reply With Quote
Old 09-21-05, 09:24 PM   #23
Bikepacker67
Banned
 
Bikepacker67's Avatar
 
Join Date: Jul 2005
Location: Ogopogo's shoreline
Bikes: LHT, Kona Smoke
Posts: 4,086
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Which one of us said he shouldn't be compensated?
Every one of you that suggested he should talk to the adjuster.

Why do you suppose they HAVE adjusters? It's to save money for the insurance company - NOT to fairly compensate the injured.
Bikepacker67 is offline   Reply With Quote
Old 09-21-05, 09:32 PM   #24
Brian
Senior Member
 
Brian's Avatar
 
Join Date: Nov 2004
Location: Between the mountains and the lake.
Bikes: 8 bikes - one for each day of the week!
Posts: 16,683
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Bikepacker67
Every one of you that suggested he should talk to the adjuster.

Why do you suppose they HAVE adjusters? It's to save money for the insurance company - NOT to fairly compensate the injured.
An adjuster is an insurance claims representative. Who should he talk to there, the janitor?
Brian is offline   Reply With Quote
Old 09-21-05, 09:34 PM   #25
Bikepacker67
Banned
 
Bikepacker67's Avatar
 
Join Date: Jul 2005
Location: Ogopogo's shoreline
Bikes: LHT, Kona Smoke
Posts: 4,086
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Expatriate
An adjuster is an insurance claims representative. Who should he talk to there,
He shouldn't talk to ANYBODY from the insurance co.
His lawyer should do the talking - that's what lawyers are for.
Bikepacker67 is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 10:15 AM.