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Old 09-28-06, 09:34 AM   #1
hwttdz
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hit by a car what should I do

So I was hit by a car the other day (entirely their fault), I'm mostly ok, a few scrapes a few bruises, nothing broken and no concussion. However, having little experience with insurance I'm not quite sure what I should do. It turns out that the driver that hit me was not covered on the insurance policy of the car. I've had to get some x-rays and other medical checks, as well as my bike needing some work and me needing a new helmet. So I've got some expenses from this and I'd like to know what my plan of action should be.

On a somewhat related note, what can I do to make my muscles hurt less, besides painkillers (which I am taking, in the dose perscribed, 3x what the bottle says). I'd go for an easy spin but my bike is missing (at the shop).
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Old 09-28-06, 09:39 AM   #2
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Quote:
Originally Posted by hwttdz
So I was hit by a car the other day (entirely their fault), I'm mostly ok, a few scrapes a few bruises, nothing broken and no concussion. However, having little experience with insurance I'm not quite sure what I should do. It turns out that the driver that hit me was not covered on the insurance policy of the car. I've had to get some x-rays and other medical checks, as well as my bike needing some work and me needing a new helmet. So I've got some expenses from this and I'd like to know what my plan of action should be.

On a somewhat related note, what can I do to make my muscles hurt less, besides painkillers (which I am taking, in the dose perscribed, 3x what the bottle says). I'd go for an easy spin but my bike is missing (at the shop).
I think a lot has to do with what state you are in. But first, don't sign anything from their insurance company unless an attorney has read it.

Are you seeking anything other than medical and your bike costs?
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Old 09-28-06, 09:42 AM   #3
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I don't think I'm seeking any more than medical and bike costs (helmet included). I'm in a decent state, considering the accident, I have not signed anything. But about the insurance company, I don't know if there even is one on the other end because the driver is not covered on the policy.
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Old 09-28-06, 10:01 AM   #4
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I don't think I'm seeking any more than medical and bike costs (helmet included). I'm in a decent state, considering the accident, I have not signed anything. But about the insurance company, I don't know if there even is one on the other end because the driver is not covered on the policy.
which State?

Alabama, Alaska...

In New York, my understanding is the coverage is on the car. Driver doesn't matter. (Unless the driver is unlicensed maybe.)
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Old 09-28-06, 10:05 AM   #5
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You can pretty much sue them for the cost, have your insurance pay out and they'll probably sue the people, but your rates may go up, or do whatever your lawyer recomends. at least they didn't run away.
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Old 09-28-06, 10:07 AM   #6
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yeah, most places have some sort of clause for a driver not on their policy. Now, the person owning the car may get slammed with higher premiums for letting the person run around in their vehicle, but they will likely learn their lesson about who they lend the car to. Ofcourse, the person probably told them the bike came out of nowhere.
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Old 09-28-06, 10:12 AM   #7
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Quote:
Originally Posted by hwttdz
So I was hit by a car the other day (entirely their fault), I'm mostly ok, a few scrapes a few bruises, nothing broken and no concussion. However, having little experience with insurance I'm not quite sure what I should do. It turns out that the driver that hit me was not covered on the insurance policy of the car. I've had to get some x-rays and other medical checks, as well as my bike needing some work and me needing a new helmet. So I've got some expenses from this and I'd like to know what my plan of action should be.
Insurance is a very complicate thing and legislation varies from jurisdiction to jurisdiction. Therefore I recommend cyclists in this forum to review their insurance coverage to protect yourself:

1) Any coverage from your own employer, such as medical, sick leave or accident while you are off work? If you are self employed, try to join a group medical insuranace policy such as the AAA/CAA.

2) Do you carry a life insurance policy, for your loved ones, in case the worst happens? Cyclists do get killed on the road.

3) Do you have an automobile policy, and if so, does it cover traffic accidents on your bike? (NOTE: in most Canadian provinces, it does). In some Canadian provinces, it is administered by the Provincial Government.

4) Do you have a home policy, and if so, does it cover liabilty or theft of your bike?

5) Finally, If you are self employed, ask you accountant to see if such insurance expenses are tax deductible. (NOTE: In Canada, #1 and #3 is tax deductible, #2 is not, and #4 is partially deductible to your business. If you are an employee, then #1 is partially deductible, the rest are not).

A good insurance company is sometimes better than a good lawyer in a traffic accident.
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Old 09-29-06, 08:08 PM   #8
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File a claim with the vehicle owner's policy. If they decline coverage, require that they send you a letter indicating the reason why there's no coverage. Find out if the driver has their own policy for a different vehicle. It should cover them while driving someone else's car. If both fail to provide coverage, present the letter from the vehicle owner's carrier to your own auto insurance. It may vary by state, but your Uninsured Motorist Coverage on your policy should be activated for this claim to cover your injuries. Your bike and personal property should be covered under your homeowners policy under "damage by vehicle" - usually a coverage specifically listed in the policy section for personal property. Granted, that part does have a deductible. Your own medical coverage can also be used but because it was part of a vehicle accident, they may require you to exhaust your auto insurance coverage, first. I was in an accident this summer with injuries and have investigated each of these items as part of it.
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Old 09-29-06, 10:41 PM   #9
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Originally Posted by hwttdz
I don't think I'm seeking any more than medical and bike costs (helmet included).
Why? Your time isn't important?

Here you are, bikeless, and laid-up on some opiate derivative, and you're OK with this?

You know, the average human lifespan is only 27,000 days...
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