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-   -   Need Help. (http://www.bikeforums.net/advocacy-safety/874132-need-help.html)

tedwardg 02-21-13 09:31 PM

Need Help.
 
Trying to revive this thread from the dead...

I was hit last week and am wondering about any general tips dealing with the driver's insurance. I don't think there'll be any question about fault, but I've heard plenty of horror stories about dealing with insurance companies. It's been one week and I haven't heard from her insurance company yet, but am expecting a call any day. Are there any specific things to say or not to say?

Thanks in advance!

Roushe 02-21-13 09:54 PM

Do not expect the other person or their insurance company to come forward and simply volunteer to give you money. Just like a vehicle accident, you have to go after them. Don't accept any money unless you know that ALL of your damages are known and settled. For example, don't accept a check if you still haven't gone back to work.

If you feel intimidated about going after them, you can always get a lawyer, but you may or may not get reimbursed for their fees. I would recommend gathering and totaling all of your expenses and calling their insurance agent to file a claim against them.

Russ

Chris516 02-21-13 10:51 PM

Quote:

Originally Posted by tedwardg (Post 15302430)
Trying to revive this thread from the dead...

I was hit last week and am wondering about any general tips dealing with the driver's insurance. I don't think there'll be any question about fault, but I've heard plenty of horror stories about dealing with insurance companies. It's been one week and I haven't heard from her insurance company yet, but am expecting a call any day. Are there any specific things to say or not to say?

Thanks in advance!

Don't admit to anything. Because that will be the opening the insurance investigator is looking for, to exploit them. so they can turn it around to being your fault.

I-Like-To-Bike 02-21-13 11:21 PM

Quote:

Originally Posted by Chris516 (Post 15302662)
Don't admit to anything. Because that will be the opening the insurance investigator is looking for, to exploit them. so they can turn it around to being your fault.

Good advice. Note that another A&S poster took to task someone who gave identical advice to motorists and called it a "yahoo comment". See http://www.bikeforums.net/showthread...1#post15288231

Bikepacker67 02-21-13 11:36 PM

Quote:

Originally Posted by I-Like-To-Bike (Post 15302746)
Good advice. Note that another A&S poster took to task someone who gave identical advice to motorists and called it a "yahoo comment". See http://www.bikeforums.net/showthread...1#post15288231

Yes.
We get it ILTB.

We're all a bunch of whiny hypocrites.

Is Cheshire satisfied?

Essex 02-22-13 05:42 AM

If you haven't already - make sure you have a doctors report. Call one of those accident-injury lawyers to get some FREE advice. That said- remember they make a living getting a % from any recovery. Keep us apprised. Enough of us here have previous accident experience. Some even with compensation.

mconlonx 02-22-13 06:44 AM

Sounds like you've read it, but if you haven't, please read this thread, stickied at the top of the A&S subforum:

http://www.bikeforums.net/showthread...MBERS-READ****

I-Like-To-Bike 02-22-13 07:37 AM

Quote:

Originally Posted by Bikepacker67 (Post 15302779)
Yes.
We get it ILTB.

We're all a bunch of whiny hypocrites.

Is Cheshire satisfied?

Not really, not everybody here wears that label. Especially not with such pride.

Notso_fastLane 02-22-13 10:53 AM

You haven't even spoken with the driver's insurance company yet? When I was hit, they called the next day, or the day after. It took almost 2 years, and I did get a lawyer, to finally get things settled. I didn't get a lot of cash, but I just wanted to make sure 1) his insurance paid the medical bills, and 2) he was 100% at fault, which his insurance company was trying to fight. I won the case, and should be getting a small settlement check after it's all done.

GrouchoWretch 02-22-13 11:19 AM

Your insurance company might go after his. Talk to them. Other than that, hire an attorney to represent you in this matter and cease all other communication about it. Everything else is just messing around.

tedwardg 02-22-13 11:44 AM

Thanks for all the tips everyone.

It sounds like I've got everything covered so far - doctor's report, LBS evaluation of the bike, pictures, a police report is filed, and I have witness contact info.

The only thing I'm waiting on is to hear from her insurance. When I spoke to my insurance company, the representative said she would contact them and make sure a report was filed and that they are acting on it. I was taken away in an ambulance before I could exchange information with the driver, so (although both of our information was in the police report), it is possible that they didn't have my information for a while. For now, I'll give them the benefit of the doubt on that.

Thanks again!

slowpedaller 02-22-13 12:09 PM

If you haven't heard yet, maybe give the driver a call and ask for the insurance company and claim number. Or just call the insurance company, I suppose. Maybe the driver hasn't called them yet.

Keep in mind they WILL try to pin blame on you, even if it's clear in your mind that it wasn't your fault. Did the driver admit fault? Is there a police report? Did the driver tell the correct story to the police? Be sure you know your story of what happened, no holes or unknowns, no possibility of partial fault. They won't be trying to be fair, or understanding. They will only give you a settlement if they think you would sound good to a jury, and they can't poke any holes in your case. In that case, settling is easier than going to court. Even if the driver DID admit fault to them, if you admit partial fault you are sunk.

I had a bad accident where the driver had a very different story from mine, the cop who took her statement believed hers over mine, and wrote in the police report that it was my fault. In addition, my memory of certain details was pretty hazy, due to a head injury and losing consciousness. I remembered everything before the accident, but not the collision or much after. There were witnesses, but the cop "lost" their info. Despite that, I KNEW it was her fault, but I wouldn't sound sure, or believable, so I got a lawyer. Best decision ever. He knew how to tell the story better than I could, and I never had to talk to them at all. And got the maximum settlement, despite the fact the driver continued to swear it was my fault.

mconlonx 02-22-13 12:35 PM

Quote:

Originally Posted by tedwardg (Post 15304473)
Thanks for all the tips everyone.

It sounds like I've got everything covered so far - doctor's report, LBS evaluation of the bike, pictures, a police report is filed, and I have witness contact info.

The only thing I'm waiting on is to hear from her insurance. When I spoke to my insurance company, the representative said she would contact them and make sure a report was filed and that they are acting on it. I was taken away in an ambulance before I could exchange information with the driver, so (although both of our information was in the police report), it is possible that they didn't have my information for a while. For now, I'll give them the benefit of the doubt on that.

Thanks again!

Get a copy of the police report and check it over. If anything doesn't jive with your recollection of the accident, ask the cops about filing some kind of addendum with your version of events.

gcottay 02-22-13 12:43 PM

You might want to begin by again calling your insurance company and asking why you have yet to hear anything from the other party's insurer.

CB HI 02-22-13 06:00 PM

OP can even call the drivers insurance himself.

When motorist have hit me, I do not even go through my insurance. I just call the drivers insurance, even if the driver has not called them yet. Drivers hate it when the insurance agent calls them and ask if they were in a collision.

But since OP already called his own insurance, I would just ask them for the name and number of the drivers insurance adjuster.


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