Join Date: Apr 2009
Location: New Rochelle, NY
Bikes: too many bikes from 1967 10s (5x2)Frejus to a Sumitomo Ti/Chorus aluminum 10s (10x2), plus one non-susp mtn bike I use as my commuter
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IMO if this is going to be a straightforward claim (no claim for long term injury, or pain and suffering) total up the damage and related expenses such as medical exams and decide what you feel entitled to. Then present your claim to the insurance company and see what they offer. It might take them some time to verify and estimate the damage to the bike (repair vs. replace) and you should give them a reasonable chance to settle with you.
If they offer you a fair and reasonable settlement in line with what you feel you're entitled to, settling directly is the wisest choice. If not, than you'll need to consult an attorney to try to get what you want. The thing to consider is how much the attorney will take off the top, which averages about a third off the top, so unless the attorney can get 50% more than what you can, you actually end up with less.
BTW- if you own a car and have insurance your insurance carrier will handle this claim for you, and work with the drivers insurance to get you paid. (small print in NYS auto policies).
There are all too many cases of attorneys getting folks the same or slightly more than what they would have gotten, so they end up with less, so take the time to see where you stand before consulting an atty. The bright side is that NYS law is clearly on your side and the driver is 100% responsible for the consequences of opening his door into you.
An ounce of diagnosis is worth a pound of cure.
“Never argue with an idiot. He will only bring you down to his level and beat you with experience.”, George Carlin
“One accurate measurement is worth a thousand expert opinions”
- Adm Grace Murray Hopper - USN
WARNING, I'm from New York. Thin skinned people should maintain safe distance