Insurance settlements for bicycle collisions: what's your experience?
02-02-05, 10:36 AM
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Insurance settlements for bicycle collisions: what's your experience?
The recent thread on advice after an accident made me wonder about other cyclists' experience with insurance adjustors. Someone mentioned a common ploy is for adjustors to offer 50% of damaged equipment, eg. ripped jacket, helmet. I think this sort of info would be helpful for those of us who choose to deal with adjustors directly, rather than hire legal representation. I think this whole thread has to be prefaced with the disclaimer that none of us our lawyers and no one's experience should be construed as giving legal advice (I seem to remember it is illegal to offer legal advice or some liability concerns there). If there are any personal injury lawyers out there, of course, I'd be interested to hear your opinion as well.
I only have one experience with insurance adjustors and I'm glad to share it. I was hit by a jeep in front of a fire station so paramedics were on the scene within the minute and someone called the police, a report was filed, the driver was charged with failure to yield. I got her insurance info, State Farm, and did a recorded deposition over the phone with the adjustor. I also went to my doctor the day of the accident to document a sore shoulder. State Farm paid for a week of bicycle rental, full replacement of jacket, helmet, and bicycle trailer, that were damaged in the collision, all of which came to about $1K. I received an equivalent amount in "pain and suffering". This amount was offered by the adjuster who said they usually offer half as much if I had been in a vehicle but because I took a "scrape across the pavement", they doubled it.
I only have one experience with insurance adjustors and I'm glad to share it. I was hit by a jeep in front of a fire station so paramedics were on the scene within the minute and someone called the police, a report was filed, the driver was charged with failure to yield. I got her insurance info, State Farm, and did a recorded deposition over the phone with the adjustor. I also went to my doctor the day of the accident to document a sore shoulder. State Farm paid for a week of bicycle rental, full replacement of jacket, helmet, and bicycle trailer, that were damaged in the collision, all of which came to about $1K. I received an equivalent amount in "pain and suffering". This amount was offered by the adjuster who said they usually offer half as much if I had been in a vehicle but because I took a "scrape across the pavement", they doubled it.
02-02-05, 11:16 AM
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You got a good deal. You would be surprised how many forum members suffer serious scrapes, deap wounds and all they get from the motorist is "I'm sorry" and that's that! Seriously. People on this forum get their high end bikes trashed and they STILL want to settle it out of court because the driver was sorry! Can you imagine that.
I was doored around 1992 and got about $1,500.00 dollars (500 Hospital, 1000 pain and suffering) You got about 3 times what I recieved so it's not bad considering this was done without a lawyer.
I purchased my first PC with the money. Should have got a new a bicycle.
I was doored around 1992 and got about $1,500.00 dollars (500 Hospital, 1000 pain and suffering) You got about 3 times what I recieved so it's not bad considering this was done without a lawyer.
I purchased my first PC with the money. Should have got a new a bicycle.
02-02-05, 11:45 AM
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Of three collisions I have had in nearly 30 years, only one driver had insurance... Since I went to a hospital, I had some heavy medical bills. I contacted a lawyer friend. After medical expenses, I ended up with about 4K for pain and suffering and bike reimbursement. ($900 bike was totalled)
Of the other 2 collisions, one was... "well it was your fault." (right hook) And the other was a "sorry." (no insurance)
Of the other 2 collisions, one was... "well it was your fault." (right hook) And the other was a "sorry." (no insurance)
02-02-05, 02:49 PM
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I was hit by a driver who was 100% at fault and I had witnesses.
Right away, I received 100% of the sick pay that I used at work, and the full replacement cost of my assesed value of my bike (3 times what I built it for - I had great deals on the frame, wheels and components that I put together)
After I healed I went to the law library, personal injury section and looked up injuries that others had suffered that were as close as possible to my own as well as having personal circumstances that were similar.
I noted the amounts awarded by the court and the case file numbers and took these to my adjuster. I settled on the lowest award minus what a lawyer would have taken, and ended up with what I considered a fair settlement.
Right away, I received 100% of the sick pay that I used at work, and the full replacement cost of my assesed value of my bike (3 times what I built it for - I had great deals on the frame, wheels and components that I put together)
After I healed I went to the law library, personal injury section and looked up injuries that others had suffered that were as close as possible to my own as well as having personal circumstances that were similar.
I noted the amounts awarded by the court and the case file numbers and took these to my adjuster. I settled on the lowest award minus what a lawyer would have taken, and ended up with what I considered a fair settlement.
02-02-05, 03:20 PM
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MassBiker posted this link in the other thread and I thought it was so good I am reposting. It includes advice NOT to do a recorded deposition with the adjuster because it could be used against the cyclist. I wonder if they would still setttle in the absence of a deposition? Also, warnings about signing a release.
https://www.massbike.org/howto/crash.htm
https://www.massbike.org/howto/crash.htm
02-02-05, 04:12 PM
#6
Walmart bike rider
If you got injuries, go to a personal injury lawyer BEFORE you give a statement to an insurance adjuster. The lawyer will tell you exactly where you stand and if you have a legit case or not. Most of the time, the inital review of your case will be totally free. Yea, I know, I don't like lawyers either but Insurance adjusters are working for Auto Insurance Company, not for your benefit.
