Advocacy & Safety - How Long Does It Hurt?

I was involved in a biking accident yesterday on the road - driver ran a stop sign and hit my back tire, which knocked me to the ground. I landed on my knees, which are pretty badly bruised and sore. Went to the doctor and he didn't notice anything major - just wants me to keep my knees wrapped and iced. However, today I am feeling really tight in my lower and upper back as well as in my chest. Is this pretty normal? What other typical pains and such should I expect? How long are you usually sore for? I have to meet with the driver's insurace adjuster tomorrow and since I have no health insurance I don't know if I need to be looking ahead for injuries that might show up later. Are future injuries possible or would I know by now?

I think a lot of doctors say that back injuries might not show up for weeks. I'd be sure to wait until you have a full clean bill of health from your doctor to take any settlement from the insurance company. You don't know what the final bills are going to be yet - make sure that they know that.

I hope you get better soon... there are probably a lot of other people on here that would know better than I do...

I've got quite a bit of experience in the claims side of this equation, but it would be wrong to offer too much advice. I will tell you that the adjuster will be in a rush to settle your claim, and you need to let him know that you won't rush into anything. Please ask him what the statute is on your claim. You'll have anywhere from 1-3 years to settle the claim. It's not about robbing the insurance company, but it's certainly too soon to properly assess your injuries completely. Be honest, and let them know that you're still treating, and you're not comfortable signing anything. I'm happy to answer any other questions you have after meeting with him/her.

As far as the pain - healing is up to the individual. Heat for your sore muscles - hot bath or shower, and see how you feel in a few days.

why are you meeting with the DRIVER'S insurance adjuster?

Talk to a lawyer first, please. For your own sake. Their insurance adjuster will be trying to get you to make an admission of responsibility and limit their client's liabilities; if you think they will be looking out for your better interests in this you are sorrily mistaken.

NEVER talk to their insurance guy; they should be talking to your lawyer.

why are you meeting with the DRIVER'S insurance adjuster?

Talk to a lawyer first, please. For your own sake. Their insurance adjuster will be trying to get you to make an admission of responsibility and limit their client's liabilities; if you think they will be looking out for your better interests in this you are sorrily mistaken.

NEVER talk to their insurance guy; they should be talking to your lawyer.

Whatever. If you want to draw out your treatment, and give 1/3 of any settlement to an attorney, you should go ahead and hire one out of your own pocket. If you're honest, and your interests lie in getting proper treatment, go meet with the adjuster first. If you were not at fault, you have nothing to worry about. You will be required to give a statement of your version of the loss, but you can defer that if you don't feel comfortable doing so right away. Ask the adjuster up front if liability has already been determined to be 100% on the responsible party. If they find you liable in any way, they will need to put their reason in writing.

I'm sorry, expat, I completely disagree with you here, and I've been knocked to the curb a few times, as you have as well, and

suggesting to fuddlewinks, who is possibly still in treatment, to talk to their adjuster without first talking with a lawyer is irresponsible.

their insurance adjuster will be attempting to limit their clients liability and get fuddlewinks to agree to a possibly inadequate settlement.

It's totally unclear if the police were involved, if a report was filed, if their were witnesses...and you suggest to fuddlewinks to walk into the lions den unprepared.

fuddlewinks, belay the talking to the adjuster until you talk with a lawyer.

How long are you usually sore for?

Also depends on how old you are. I don't heal up nearly as quickly in my 40's as I did in my 20's.

why are you meeting with the DRIVER'S insurance adjuster? Talk to a lawyer first, please.

He can't afford his own health insurance yet you think he should talk to a lawyer? I think he's a big enough boy to tell the insurance agent he's not ready to settle yet. Perhaps he might make use of the opportunity to see what the insurance company is gonna pay for.


belay the talking to the adjuster

Talk Like A Pirate Day was the 19th

hmm, belay's a climbing term..and 45 million americans don't have health insurance, its not just fuddlewinks.

fuddlewinks should talk to a lawyer to help him sort out his choices, in his original post his tone is one of an inexperienced cyclist getting injured seriously for the first time, and they make it sould like they are REQUIRED to talk to the adjuster toady.


Seriously, cyclists. Fuddlewinks was injured badly enough to seek a doctor's care, and they are in pain today. How long does it last? it could last a month, it could get worse. I don't know how bad the poster is hurt.


But, one of the cardinal rules in bicycle/auto accidents, is, NEVER make a statement to the other guys insurance without your insurance or a laywer batting for you.

Obviously, the driver's insurance thinks they got some liability to cover; they will be trying to make it as small as possible. In this case, if there isn't a police report, their adjuster will try to get fuddlewinks to admit to some or all of the fault, and they will do it with subterfuge and deceit.

Fuddlewinks, good luck. I think you should talk to a personal injury lawyer who specialized in motorcycle/cyclist accidents. It will be very informative for you, doesn't cost anything, and you're better off talking to someone with your interests in mind before talking to someone with the other guys best interest foremost and limiting/denial of your financial claims tops on the list.

Wow, great to hear all the old school comments. Bad Faith suits have done a lot to clean up the insurance industry. They'll be happy he wasn't killed/maimed/or had broken bones, and probably come to an agreeable settlement. When I have a bit of time later, I'll post the breakdown of how payments will go with a lawyer, and without.

You're going to feel like a fly that met a flyswatter for a bit, stretch, get in some hot tub time, be nice to yourself.

I lifted something wrong one day, just felt a sort of numb pain, slight, in my back, then was reaching for someting while kneeling (reaching vacuum hose under a table to get those dust bunnies) and felt a "crunch" and I was screwed for a week! I could not lift anything, was in a lot of pain, had trouble sitting down in a chair or getting up, I was a hurt unit.

So, take it very easy, if you try pilates start with the class full of old ladies not the one full of jocks.

from someone who worked for the insurance side of things, well said?? expat.

your comment


If you were not at fault, you have nothing to worry about is so wrong and misleading it's laughable if it didn't hurt so much.

Um, yeah. I'll agree with you 100%. Those three words below your name speak volumes.

haha, so erudite, expat. A personal insult on my self-effacing signature because I disagree with your pro insurance industry slant on bicycle-auto collision.

Some of your suggestions are rational and I'm not recommending bad faith lawsuits, but suggesting

'if a cyclist isn't at fault they've got nothing to lose' talking to the driver's insurance adjuster is just WRONG WRONG WRONG and you should be ashamed as a cyclist to even suggest such malarky.

I don't know what kind of saccharine laced jamestown brew you were injesting during your insurance days, but insurance companies are compelled as a corporation to limit claims, even to their own insured.

Again, your suggestion a cyclist has nothing to lose talking to the other guy's insurance adjuster is WRONG and misleading, and as a cyclist, you should be ashamed of yourself for spouting such nonsense.

When I get back home, I'll post my long explanation. Let the OP get both sides, they can make their own decision. I'm in the office for a few hours, then it's off to my oldest daughter's year 12 commencement. After that, I'll have time to piss off for a bit.

hmm, belay's a climbing term..

Also a Navy term... do a google on "belay my last" and see what pops up...

Fair winds.

You need a lawyer. End of discussion. If the driver was at fault (as in cited by the police.....you did report this???) then you need someone on your side who understands the legalities of your situation. Find a good local firm with an agressive rep. 99% will take a case like yours on contingency so you wont have to pony up a thing up front...if at all.

I'm with Bek on this one.

Only a BLOODY FOOL would talk with the insurance adjuster.
Their job is to MITIGATE the responsibility of the insured.

After you talk him into a lawyer, be sure to also have him visit a quack doctor who will take the insurance company for all he can. That's exactly why insurance is so high. You people are too much.....

Thank you, Bud. Good to see someone else using their head for something other than a helmet stand.

Yes, get an attorney right away. He'll make sure you go to his doctor, who will then prescribe physical therapy whether you need it or not. You'll have to go 3 or more days a week, during work hours, so that you can also pursue lost wages. Even if you improve with PT, you'll have to keep going, so as to bolster the claim even more. So the insurance company will spend $3k on medical/PT, then cut your attorney, not you, a check for say, $5k? Give at least 1/3 of that to the attorney.

Scenario number 2: You meet with the adjuster, give him the name of your GP, the doctor that's looking after your best interests, and request that they set up direct billing. If your doctor and you agree that you need PT, you contact the adjuster, and have him arrange to pay the bills direct. When you are feeling better, you discuss with your doctor any possible residual injuries, perhaps even get referred to a specialist. At that time you you enter into negotiations to settle your claim. If you want $5k for your pain and suffering, lost wages, and possible future treatment, ask for $8k, and let the adjuster stew on it.

Of course, it's up to the individual, their honest, and integrity. To portray all insurance adjusters/companies as trying to stick it the injured party is irresponsible. That mess was created by all the scam artists and shady attorneys.

Excuse me... But why SHOULDN'T FW be compensated for his pain and suffering?


How do YOU know that there won't be lifelong reprecussions from this idiot driver's failure to trail at a safe distance?

Excuse me... But why SHOULDN'T FW be compensated for his pain and suffering?


How do YOU know that there won't be lifelong reprecussions from this idiot driver's failure to trail at a safe distance?

Which one of us said he shouldn't be compensated? Just quote them in your next post, so we don't have to go back and look.

Which one of us said he shouldn't be compensated?

Every one of you that suggested he should talk to the adjuster.

Why do you suppose they HAVE adjusters? It's to save money for the insurance company - NOT to fairly compensate the injured.

Every one of you that suggested he should talk to the adjuster.

Why do you suppose they HAVE adjusters? It's to save money for the insurance company - NOT to fairly compensate the injured.

An adjuster is an insurance claims representative. Who should he talk to there, the janitor?

An adjuster is an insurance claims representative. Who should he talk to there,

He shouldn't talk to ANYBODY from the insurance co.
His lawyer should do the talking - that's what lawyers are for.

Whatever, you know more than me, obviously.

An adjuster is an insurance claims representative. Who should he talk to there, the janitor?

I'd personally talk to their receptionist. She's bound to be cuter than the janitor.

Given that the OP is unable to retain a lawyer out of pocket, and the injuries do not involve the loss of a limb, I'd say just deal fairly with the adjuster, and keep us informed so we can advise you by committee with a constant stream of conflicting advise from armchair lawyers.

In all seriousness, Expatriate is probably right. If you represent yourself properly to the insurance you'll probably be OK.

Don't agree with me - you'll subject yourself to ridicule from the peanut gallery.

You need to go see a good chiropractor that is or specializes on athletes. Your upper back and neck are jacked up and likely you have some soft tissue damage. Hope you feel better soon. If you are over 40- it takes a little longer to heal, but you will.

If he/she gets an attorney, they can count on being sent to a chiropractor that specializes in insurance claims. But hey, what do I know?

bulls..., retaining an attorney does not always encourage unneccessary therapy and chiropacters visits, only if you as a patient, are dishonest about your treatment


expat, your years in the insurance industry has permanetly affixed rose colored lenses to your view of personal accident claims,


to assert or even imply the other guy's insurance is going to be 'happy there was no loss of limb' and going to come to an amicable settlement is so MISLEADING it is making me nausous.

The insurance adjuster fuddlewinks is going to meet with will be attempting to

a) milk out a confession of partial responsibility in the accident
b) offer a quick, inadequate, limited settlement with no future liability for complications
c) use all sorts of subterfuge to take advantage of, and minimize the claims of, the injured party

and insuiniating insurance works in utopian eqitable ways and 'everyone gets taken care of allright' in an accident case is so MISLEADING it disgusts me.


sure, if fuddlewinks isn't badly injured, and can hold their own in negotiations with heartless adjusters who's job is to limit their claim, maybe they'll come out okay.


I have to say, expat, I'm taking the most offense with your statement "if you're not at fault, you've got nothing to worry about" when talking to the opposition's insurance adjuster. WRONG WRONG WRONG you disgust me even suggesting that and do a disservice to anyone who reads this thread.

Fuddlewinks, good luck, hope you are healing up, hope you didn't talk with their adjuster. Did you file a police report?

Hmmm, I see we might have some differences in demographics here, but I believe expatriate is from the U.S.. I think some of the problem is how the insurance companies have evolved their way of operating. My best advice would be, if fuddlewinks has his own insurance, to work it through them. If he's underage, then maybe through his parent's insurance company. If they have any coverage at all, they will end up paying for anything the other party's company doesn't cover.
I found out through some friends and coworkers that even though the other driver was cited by the police in an accident, the "at fault" driver's insurance company refused the claim, saying they didn't feel their client was at fault. This would mean the struck driver's insurance company has to sue in court. So the companies usually just fix their own client's vehicle and pay medical costs, for economic reasons. This seems to be hapopening more often in "at fault" states, so I believe this is where the advice to contact a lawyer comes from.
Another source of hostility toward insurance companies is they insist you go to a certain shop to get the work done, and refuse to pay more than that shop will charge to fix your vehicle, or give you an extremely hard time about it. I have no idea how some of these shops stay in business, but the one used most in this area has a very bad reputation for leaving out a few things when doing body work. I know people have complained to their insurance company about the shoddy work, but I guess the almighty dollar rules over safety.

Chief, regarding the situation you mention, I can clarify that. The police can site someone and they can form a conclusion regarding fault. But only a court of law can determine liability. That claim would end up in subrogation, where the two companies would attempt to come to an agreement. If that was not possible, the next step is generally binding arbitration. Rarely do they end up in court over a liability issue, as it's simply too expensive to pursue. It's the high damages/low policy limits claims that are more likely to go to court, but only to secure a judgment.

Bek has obviously had some bad experience that has clouded his view, or is just a fringe case, so I see no sense in trying to have an intelligent discourse.

The original poster hasn't offered anything either, so maybe this was the ultimate troll?

Thank you, Bud. Good to see someone else using their head for something other than a helmet stand.

Yes, get an attorney right away. He'll make sure you go to his doctor, who will then prescribe physical therapy whether you need it or not. You'll have to go 3 or more days a week, during work hours, so that you can also pursue lost wages. Even if you improve with PT, you'll have to keep going, so as to bolster the claim even more. So the insurance company will spend $3k on medical/PT, then cut your attorney, not you, a check for say, $5k? Give at least 1/3 of that to the attorney.

Scenario number 2: You meet with the adjuster, give him the name of your GP, the doctor that's looking after your best interests, and request that they set up direct billing. If your doctor and you agree that you need PT, you contact the adjuster, and have him arrange to pay the bills direct. When you are feeling better, you discuss with your doctor any possible residual injuries, perhaps even get referred to a specialist. At that time you you enter into negotiations to settle your claim. If you want $5k for your pain and suffering, lost wages, and possible future treatment, ask for $8k, and let the adjuster stew on it.

Of course, it's up to the individual, their honest, and integrity. To portray all insurance adjusters/companies as trying to stick it the injured party is irresponsible. That mess was created by all the scam artists and shady attorneys.

Expat,

Do you seriously think all lawyers are bad and all insurance adjusters are good?

I think your early advice to fuddlewinks was good. Talk with the adjuster but don't commit yourself until your full satisfied with your medical options. If the adjuster tries to "rush" the settlement to conclusion, or otherwise deny you of your rights, then talk to a lawyer.

MM

Expat,

Do you seriously think all lawyers are bad and all insurance adjusters are good?

I think your early advice to fuddlewinks was good. Talk with the adjuster but don't commit yourself until your full satisfied with your medical options. If the adjuster tries to "rush" the settlement to conclusion, or otherwise deny you of your rights, then talk to a lawyer.

MM

No, I try not to generalize, but there is a certain element about both parties that leaves people taking sides. And thank you for the acknowledgement.

Fud has left the building...