Hit by a car at MUP/road intersection; right of way?
10-27-09, 12:29 PM
#51
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Two months later, I finally have a check from the driver's insurance for the full amount that the bike shop estimated to replace the bike and accessories, $1150. It's a bit less than what I paid for it last year (they have an old one still in stock that has been discounted, so they included the current sale price in the replacement estimate), but it's close to my purchase price. The ins. co. failed to include the $20 for the destroyed Superflash even though I had provided pictures and receipt for it, but I just want to be done with it. They were slow to respond to anything and conveniently never got anything I faxed. I had to make pdfs and found out the claim adjuster's email through another person at the company since my person never returned my calls.
Still haven't returned the medical forms and I'm still wearing a wrist brace for occasional soreness, but all my treatment has been free through work so I'll just make 'em sweat a bit on that stuff.
All in all it could be worse. However I haven't been on a bike in two months.
Still haven't returned the medical forms and I'm still wearing a wrist brace for occasional soreness, but all my treatment has been free through work so I'll just make 'em sweat a bit on that stuff.
All in all it could be worse. However I haven't been on a bike in two months.
10-27-09, 12:55 PM
#52
veggie commuter
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10-27-09, 01:30 PM
#53
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Don't waive the mendical claim. If you are satisfied you have no lasting injury and all your medical bills are paid, you have nothing to lose by collecting up the bills and reports and sending them to the ins co with a reqeust to settle for a few thousand dollars and then settling for a thousand or so. Under the circumstances, the company would be getting off cheap and they likely would do it. It might provide a nice Christmas bonus.
On the oher hand, you rarely lose anything by talking to a lawyer about it before you decide what to do.
10-27-09, 02:13 PM
#54
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I'm glad things worked out for you.
10-27-09, 03:32 PM
#55
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I'm pleasantly surprised that the company paid you fairly willingly. The MUP is probably not defined as a road in your state, so a reasonable explanation of your incident is that you entered the roadway without sufficient caution-- primarily your fault. The fact that you were so far across on a well-marked crossing was probably strongly in your favor.
Laws in many states are extremely vague about cycling in crosswalks. In California, you have essentially no rights if you are riding in a crosswalk.
Your medical insurance company can demand reimbursement for money they spent if you get any medical payments from the collision insurance company, so any more money you get could go to another insurance company.
Laws in many states are extremely vague about cycling in crosswalks. In California, you have essentially no rights if you are riding in a crosswalk.
Your medical insurance company can demand reimbursement for money they spent if you get any medical payments from the collision insurance company, so any more money you get could go to another insurance company.
10-28-09, 08:34 AM
#57
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Still haven't returned the medical forms and I'm still wearing a wrist brace for occasional soreness, but all my treatment has been free through work so I'll just make 'em sweat a bit on that stuff.
All in all it could be worse. However I haven't been on a bike in two months.
All in all it could be worse. However I haven't been on a bike in two months.
11-02-09, 01:30 PM
#58
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I'm pleasantly surprised that the company paid you fairly willingly. The MUP is probably not defined as a road in your state, so a reasonable explanation of your incident is that you entered the roadway without sufficient caution-- primarily your fault. The fact that you were so far across on a well-marked crossing was probably strongly in your favor.
My 'treatment' has been through free health services at my workplace so there are no bills, no insurance claims, and barely any reports either (making it hard to 'prove' treatment). I had several free checkups and received a free wrist brace from our athletic trainer, but that's really it. The occasional soreness is getting better and I don't have to wear the brace all the time. In the beginning I only wanted replacement of my bike since I was essentially not injured, so supporting that principle, I don't plan to ask for more money for myself. I hope karma wins in the end!
This forum has been helpful, not only for the advice from others but also to share an experience that might be able to help another person later. I know I'm one of the lucky ones. I have added front blinking daytime lights after this experience! My bf got me an AirZound too but I haven't installed it as of yet... I'm afraid I only want to use it when drivers make me mad, and that will only get me in trouble later. Best advice: get a police report!
11-02-09, 02:20 PM
#59
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Haveing to wear a brace is a bit more than "Not essentialy injured".
You deserve compensation and probably will get it as long as you didn't sign your rights away when you cashed the check for the bike.
Good luck!
You deserve compensation and probably will get it as long as you didn't sign your rights away when you cashed the check for the bike.
Good luck!
