What should we do now?
 

My husband and son were riding their tandem bicycle down a main road and were crossing a side road in a crosswalk. They were halfway through the intersection and someone plowed into them broadside. The driver is covered by Allstate Insurance and John sustained injury - we're not sure how badly yet.

My husband has not yet gone to the hospital, but may have to go tomorrow. The bicycle was damaged, but we don't know how badly - he left it at a bike shop and they will evaluate it tomorrow.

We are currently on a bike tour and are only in Albuquerque for a few days. However, now we will be here significantly longer and have no place to stay and no means of transportation. What would you suggest?

It's time to check into a motel near the hospital. I hope your son is okay, as well as your husband. Don't wait to seek medical assistance.

And ... as I suggested in the Women's forum ... dig out your travel insurance package. Now is the time to use it!

I keep telling John he should go to the hospital, but he doesn't want to go. I may be able to convince him to do it tomorrow. It appears that Daryl is just fine - he isn't hurt at all that we can tell right now. Since John was clipped in, he went down with the bike, but Daryl was able to jump off.

We'll be able to stay with our friend here for another day or two - but that's it. We can't impose on her for a month or more if the bike needs to be replaced. And - we have no transportation around the city now.

Gosh - we always knew this was a possibility, but hoped it wouldn't happen!

Can you get ahold of a bus or train schedule ... if you look up the city's site, there should be a transit link which will give you that info.

Not as nice as cycling, but at least you should be able to get around town.

There is a bus system, but we've been told it's very difficult to get around on. We'll check it out though.

police involved?

get the report.

do you have car insurance too?

was this listed in the police report?

get both involved checked out at hospital. i am supprised the police did not suggest this (or you omitted in OP) With the crazyness on "no fault" insurance, this could be means of coverage for significant other (s/o) in getting service.

check with bicycle/pedestrian advocacy groups in the area.

hope the healing is quick for all involved, and your trip ends well!

t

Yes, there was a police report filed and the driver was cited as at fault. We don't really have car insurance since our car is in storage - it does have comprehensive but that's all since it's just sitting in our barn.

Fortunately, it appears that my son was not hurt, but we'll see in the morning if he's sore. I want John to get to the hospital, but he is refusing. I'll try one more time and see if he'll relent. He's obviously hurting.

My last jury duty was an auto accident civil suit. The insurance company lawyer kept hammering on the plaintiff for not seeking immediate medical help. I think it kept the damages down(I was an alternate and didn't deliberate). At least she got her medical covered, but she could have received $0.

Can't think of the name of it, but there's a website for things like showers, meals, place to park your tent, etc... by tourers for tourers... might be able to get some local hospitality hooked up that way...

That would be the Warm Showers List, which does show some hosts in Albuquerque.

Once your husband gets checked out and if he is OK to ride, I would go out and buy a new tandem (or 2 new bikes) and continue your trip. The driver can be held liable for hotel cost, since you are out of town. Waiting for bike repairs would likely involve more money than just buying new bikes to continue your trip. Just make it clear to the insurance company, that the way you did things in fact minimized your claim against them.

Tell your husband to knock of the tough guy act, he is just being an idiot, and go to the hospital! I would also take your son to the hospital to get checked out.
Get a hold of the police report and file a claim with drivers insurance. They will try to settle and give you some low amount. DO NOT DO IT. Remember after you receive the money thats it, done, no going back. To insurance claim there are two parts. One is physical property. That is your bikes, clothes, bike accessories, etc. I think motel costs would also fall in to this category. Second part is your medical bills, time of work, etc. These two things are separate. So for example you can get money for equipment first to replace the bikes, etc. Then settle medical bills after you collect all the bills, and make sure there is no "hidden" damage.

UD

The hotel bill could go into either side of the claim depending if the hotel was waiting for bike repairs or waiting for the husband to heal.

Thanks guys! We talked with the insurance person this morning and it's painfully obvious that she wants to give us as little as absolutely possible. We'll have to take our time and figure out where to go.

Sadly, that is the way most insurance companies play the game. Demand Allstate "make you whole".

Their are some very good threads that can help you with handling the Allstate. Just try searching insurance and some of the threads should come up.

I assume your car is not with Allstate, since they are trying t low ball your claim.

Yeah - I guess insurance agencies just have to do that. We'll stick with it and see where it goes - but this SUCKS!!

Insurance companies don't have to do that, they choose to in order to maximize their profits.

We all pay into the pool for a reason - my reason isn't to guarantee some CEO a fat bonus.

Stick with it and make them live up to their obligation to compansate you for the actions of their policy holder.

I hope hope hope that your husband has been to see the docs by now - injuries are not always apparent while the adrenaline is still flowing.

Good Luck!

1. Get a crash notebook together with everything in it. Receipts, summary of expenses, journal of aches and pains.
2. Get everything in writing, stop using phone calls, write letters.
3. Once you have all receipts and estimates together, write a very firm demand letter and send it certified to the insurance company.
4. If that doesn't work, sue the driver in small claims. It's a simple negligence per se case and you should get expenses and replacements at least. Do it yourself if you want, or hire a new attorney out of law school. They're cheap.

The crash book, documentation, and clear crisp communications work very well. I have only had one issue not settle immediately after a well documented, thorough, and polite demand. And that case had property damage settle right away, medical is all handled but not signed off on, and it's mainly the temporary pain and suffering plus permanent scarring and disability that remain open.

So if the expenses are all you're concerned with, it shouldn't be difficult with a little pressure.

Be aware of subrogation clauses in medical insurance policies.

If you're uncertain about all this, then a junior attorney can probably help pretty quickly.

Thanks! As it turns out, the bike wasn't seriously damaged - all stuff that can be dealt with quite quickly. John's injuries are getting better every day and we fully expect him to be able to get back on the bike within a couple days.

The insurance company has offered to pay for all the bike and medical expenses - so we'll probably just take that and get on with our lives. We could hold out and try to get more, but we want to leave Albuquerque and not hang around dealing with an idiotic insurance person!!

I can't stress it enough don't settle on medical stuff so quickly. Some injuries take time to show themselves. Get fully check out, your husband and son, by a doctor, etc, don't just go by "oh it feels better". After I got hit I had to get MRI two months later. Drivers insurance payed for it, if I would have settled with them I would have had to pay for it.

UD

good advice!
sorry it took so long to get back to you. WSL is a great option after joining/sharing!
i encourage you and family to explore PIL (personal injury lawyer) who has a good reputation. i think you have 2 years to choose. i did, it worked.
i am not a lawyer, or have any ties to one.
i hope your tour concludes with no more "events" like this!
t

He needs to get over his manly reluctance to seek medical attention and go to a hospital. This isn't about his manliness- it's about documenting his injuries and establishing a medical record in case he needs to be compensated for his medical bills down the line. If he's not injured, no harm, no foul. If he has sustained injuries (sometimes they don't show up immediately), and he doesn't establish that fact NOW, he can forget about convincing the insurance company later. Since you don't know the extent of his injuries, if any, you don't know the extent of his medical bills. To assume that they will be inconsequential may be a very costly error.

And if he's not injured, he hasn't lost anything by getting checked out by a doctor.