Advocacy & Safety - Run over by 18 wheeler - now need legal help

About 2 months ago, I was crossing an intersection with my bike, closely following a bunch of peds. The light was green and we had right of way. However, there were vehicles stuck in the intersection, and as I crossed a 18 wheeler suddenly moved forward, and struck the back wheel of my bike. I fell to the ground, and I rolled away as fast as I could to avoid being crushed against the wheels. Luckily, I only managed to get a light sprain on my ankle. However, my bike was not so fortunate. It's completely wasted. The truck was (obviously) fine.

Anyway, the driver got out of the truck and called the cops, and we waited. A police report was filed, and the driver's name, license plate, and insurance were written down on it. I got the report a few days later, and I filed it away. I read somewhere that it would be wise to wait a little while to see if any injuries would pop up. So far, I seem to be fine.

Now, I would like to get an insurance claim from this, but I don't know where to start. I live in NYC, and the accident happened in Brooklyn. Can someone tell me what I should do next? Do I hire a lawyer? Would hiring a lawyer be even worth it (The bike was only around 375, just bought 2 weeks before the accident)? How much money should I be expecting from an insurance claim?

Thanks in advance for your help.

Sounds like this should be simple.

1) Does the police report indicate who was at fault? Was the driver issued any citation?
2) Contact the driver's insurance company and file a claim. I'm surprised that haven't contacted you first - maybe the driver didn't report it? Hmmmm...
Be prepared to fax them the police report, copy of your bike receipt, and proof of any other expenses.

I shouldn't think the insurance company is going to give you any trouble over a pedestrian knock-down (since your were in the cross walk that is what this essentially is).

I would expect the 375 + cost for wages lost due to sprained ankle + actual doctors fees if any + plus some clothing replacement (torn pants etc) or cleaning. If you keep it reasonable you shouldnt have an argument from the insurance.

Good to see the voice of reason at work. You can look up the insurance company in the phone book, or online, and call them to file your claim. They are legally required to take your claim, even if it turns out there's no coverage, and they deny you later. Be prepared to be asked why you waited 2 months, even though the statute on a property damage claim is probably a year for your state.

Go to a lawyer. No one in this forum is qualified to give you legal advice.

Go talk to a lawyer.

Again, go talk to a lawyer.

At this point, he doesn't need a lawyer, because he doesn't need legal advice. If he doesn't get anywhere with his claim, then he might want to look at getting legal assistance. He needs to file his claim first.

Do I hire a lawyer? Would hiring a lawyer be even worth it (The bike was only around 375, just bought 2 weeks before the accident)?
If you are okay, and by losing your bike and/or having to deal with this you are not losing wages, then notify your insurance co and file a claim against him. If you are injured, are losing wages, and have "pain & suffering" then get a lawyer. Lawyers will charge 30% to 33 1/3% of your court case win. They will also sue the other party for his entire insurance amount and the judge will decide from there.

If you are okay, and by losing your bike and/or having to deal with this you are not losing wages, then notify your insurance co and file a claim against him. If you are injured, are losing wages, and have "pain & suffering" then get a lawyer. Lawyers will charge 30% to 33 1/3% of your court case win. They will also sue the other party for his entire insurance amount and the judge will decide from there.

It's a worry to see someone who has no idea how insurance works.

It's a worry to see someone who has no idea how insurance works.
What are you talking about? I've been in TWO serious bicycle-car accidents and, financially, it all turned out fine. My lawyer took care of all of the issues.

Exactly. Did your claim go all the way to court?

It's a worry to see someone who has no idea how insurance works.
You also need to take his location into account. Lawyers seem to make up a quarter of the population out in La La Land

Welcome back stranger.

Exactly. Did your claim go all the way to court?
Lawsuits were filed and the other parties' insurance co/lawyers decided to settle out of court. So, for that part, no. However, my lawyer told me that he sued for the maximum amounts to see what we could get. Hey, I'm the victim here - it's no fun being rushed to the hospital in an ambulance with permanent injuries, your bike smashed up, and your parents in terror as they look at you on a stretcher because the drivers of the cars weren't looking where the hell they were going. :mad:

Luckily, the OP looks like he fared much better. I was just giving him some options, should he decide to pursue that route.

Lawsuits were filed and the other parties' insurance co/lawyers decided to settle out of court. So, for that part, no. However, my lawyer told me that he sued for the maximum amounts to see what we could get*.

What most likely happened was that your lawyer asked for the other party's policy limits. But he would have made a claim against their policy, not filed a suit. They would have argued back and forth, and then at some point the other carrier would have explained to their policyholder that if they lost in court, he could be liable for any amount over his policy limits. At that point, he would tell his insurance company to do whatever possible to make the claim go away. They would weigh the cost of defending the suit against the amount they would have to pay out, and end up settling before anyone ever sets foot in a court room. You probably would have gotten the same amount, had you let your insurance company pursue it for you. The difference is that in this case, you've enriched the attorney by about 1/3 of your settlement, without putting any more in your pocket.

Raiyn will love this one:

A lawyer is simply a lever used to pry money from insurance companies.

* Without judging you and your injuries in this loss, doesn't that statement worry you?

What most likely happened was that your lawyer asked for the other party's policy limits. But he would have made a claim against their policy, not filed a suit.
No, lawsuits were filed. I have the paperwork. The other guys' insurance companies dicked me around for too long so my lawyer sued them.



doesn't that statement worry you?
No. That's how the system works. You need to work within the system to get anything done.

It's rare that a claim actually makes it to court. Without knowing the particulars, I won't try to guess why there was a delay. Either liability was being disputed, or there was a financial reason to not settle. You either got a small settlement, as that's all their policy allowed, or you got a very sizable one, which is what they didn't want to pay out. You can PM me if I'm right or wrong.

You also need to take his location into account. Lawyers seem to make up a quarter of the population out in La La Land
Haha, you should see the commercials on TV, busses, bus stops, billboards, etc. "Have you been injured in an accident? Call XXX-XXX-XXXX and we'll get all the money you deserve." The ads are also in Spanish. You can't drive 2 miles in the city and not see some ad for a lawyer.

Daytime TV (whatever is on during lunchbreak at work) has the same ads. The most popular one shows a black guy sitting on a motorcycle saying, "Larry H. Parker (http://www.fightforyou.com/) got me 2.1 million." But a new CA law stated that lawyers can't advertise how much money they can get so now the guy says, "Larry H. Parker got me... well you know <wink>."

That's the environment that all of us SoCal folks live in. Unfortunately, a lot of people abuse it. "Oh, I got an owwie... who can I sue?" :rolleyes:

Suing isn't so popular over here. I wondered my my policy is for 10 or 20 million dollars. No joke, I have that much coverage for less than $300 a year.

Larry Parker - I hope he stopped using that close up of the paralyzed guy. Yeah, Larry got him the money, but he can't even dress himself.

Welcome back stranger.
Thanks. I needed a break

AU$20 MILLION for only AU$300/year??? Wow. :eek: :eek: :eek:

You know, that's what all my co-workers were guessing. How come you never see him moving, just sitting on a motorcycle with a big grin. Someone bad had to happen to him in order to get $2.1 MILLION.

No, I had nothing nowhere near at all like that guy. No amount of $$$ can make up for paralysis or loss of limb(s). Hey, I was to replace my carbon-fiber bike and have a lot of college beer-money left over. :D

Sorry, I just checked my policy, and it's only $10 million in coverage for $403.25. Yes, I pay $33/month for auto insurance. And I paid cash for the car, as I always pay cash for my cars. I never understood all these guys saying they're giving up their car because it's so expensive.

Re: Larry Parker - it's a business now, it's not just Larry. We used to get stuff from that firm all the time when I handled claims. It's really hard to take a letter seriously when it comes from the Law Offices of Larry H. Parker. It's like buying a car from Cal Worthington - you'd laugh at anyone that did.

It's like buying a car from Cal Worthington - you'd laugh at anyone that did.

If you want a car or truck, go see Cal, If you want to save a buck, go see cal........... go see Cal Go see cal.

Wo, set the way back machine! We had one channel from LA on our cable package in Flagstaff 20 years ago and I remember officer bird and the Go see Cal jingle from that.

It was many years before I realized they were saying "Go see Cal" though. I always thought they were saying "*****cow" Never could figure out how they would cross a cat with a cow though, and if he was so into cats and cows why in the heck did he have a dog spot?

Oops, looks like I have been censored. Lets just say I misheard the "go" part of the jingle and it sounded like "Poo" to me and "Cal" sounded like "cow". Of course this was when I was too young to even know that the other name for a cat could also be considered a bad word.

It was many years before I realized they were saying "Go see Cal" though. I always thought they were saying "*****cow" Never could figure out how they would cross a cat with a cow though, and if he was so into cats and cows why in the heck did he have a dog spot?
No way, really?! As a kid I always thought the jingle was "*****cow" as well. Wow, a decade or so later and I finally learn the Cal Worthington (http://www.calworthington.com/) commercial. :)

No way, really?! As a kid I always thought the jingle was "*****cow" as well. Wow, a decade or so later and I finally learn the Cal Worthington (http://www.calworthington.com/) commercial. :)

Glad to hear I wasn't that wierd of a kid. Can't recall how many times I sang that the wrong way and got a laugh out of my friends, never realized they were laughing at me and not the song :).

Of course this was when I was too young to even know that the other name for a cat could also be considered a bad word.

Luckily for me, when I hear dit, that word popped right in. Thanks KTLA....


Now, if I can just get rid of the Pete Ellis jingle.....

Long Beach freeway, Firestone Exit, Southgate?

Run over by 18 wheeler - now need legal help

When I first read the thread title, I thought maybe your triage skills were somewhat skewed.

Luckily for me, when I hear dit, that word popped right in. Thanks KTLA....


Now, if I can just get rid of the Pete Ellis jingle.....


AAAAugghhh, I had safely forgotten that one. Didn't they have a little bouncing ball going over the text as they sang the location too?

$375 in property damage and one (presumably healed) sprained ankle. No mention of inability to work, enjoy marital relations with the spouse/significant other, pain and suffering, or lingering fear to engage in cycling or any other activity pursued previous to the accident. Is there even a doctor visit for reimbursment?

I wouldn't want a lawyer who is desperate enough to take a $375 property damage case.

If it were me, I would have called the trucking company's insurance as soon as I got the accident report. Claims can be amended for hidden damage or injury. Nonetheless, given the situation now, I would start by contacting the insurance company as soon as possible and make a claim. If you don't get satisfaction (which is hard to believe for a $375 claim) then you could file a small claims lawsuit. But I doubt it will get anywhere close to that. You might start looking for that bike sales receipt.

EDIT: You should be able to get reimbursed for your actual financal losses. In this case, it appears to be the value of the brand new bike (no depreciation since it was new) plus any expenses that you incurred as a result of not having the use of the bike for some reasonable period following the accident. If you had to take a taxi to work instead of riding your bike or rent a car, etc. You probably won't get reimbirsed for two months worth of transportation expense because you didn't bother to contact the insurance company to resolve the claim until now, but it doesn't hurt to ask. If you went to a hospital or doctor for treatment, then you should be reimbursed for any of that expense that was not covered by your medical insurance, including any deductible. If you could not work and lost pay, you can claim that. If you are in considerable pain, can't have sex, have an irrational fear of riding a bike in traffic, or any other loss of function as a result of the accident, you can make a claim for compensation, but will almost certainly need a lawyer to represent you in negotiations for the value of these intangible losses. There are almost certainly legal precidents in your jurisdiction that guide the valuation of these. A lawyer can provide advice. That's how they make their boat payments.

Sounds like my advice, but I think the OP has left us.

Sounds like my advice, but I think the OP has left us.


Hmmm, trucking company....it seems we all missed something. If the driver indeed worked for a company, it might be worth it to file a claim with the company before going to the insurance company. Weighing a possibly higher monthly insurance payment against just settling the claim without insurance might also work.

Chief, you may be on to something. Some companies will write a policy with a deductible on the liability side. They may be responsible for the first $500 or $1000, sometimes more. This keeps their premiums down, as they frequently are involved in accidents under that amount. A broken tail light, cracked bumper cover, squashed bicycle, etc. The problem is, getting that money from them direct is no easy task.

Again, I'll wait to hear from the OP.

It's a worry to see someone who has no idea how insurance works.

BINGO!!! Insurance companies and their lawyers love it when you file a claim with no lawyer of your own. They know they will have to pay far, far less that way. Basically when filing yourself, it's you against their corporate lawyers and adjusters.

The person needs to go to a lawyer. Even with the lawyer fee, you'll get a lot more that way in the end and ensure that all your expenses are paid.

I'm not a lawyer, and I don't play one on TV, but I've been involved in a few accidents, so here's my $.02.

If all you want to do is recover the cost of the destroyed bike -- $375 -- and you can prove the truck driver was at fault, as per the accident report, you don't need a lawyer.

Send a demand letter to the trucking company, along with a copy of the accident report and a receipt for the bike. In your letter you should demand that compensation for the bike should be sent to you in a reasonable amount of time. Be polite and don't resort to cursing, threats or any other childish nonsense.

In all likelihood, the trucking company will ignore you, refuse to pay anything, or offer you less than the bike was worth. If you are not compensated for the bike, you can file a complaint in small claims court.

Small claims is easy to do. The filing fees are low and there are no lawyers involved, just the plaintiff (you), the defendant (trucking company), and the judge. It's very likely that the trucking company will offer to settle once they have been served with the complaint. If not, and you have to go to court, bring the accident report and some evidence that shows the value of the bike and proof that the bike is a total loss. Tell your story as it happened, don't embellish -- save the drama for you amateur theater group. Answer all the judge's questions directly without being a smart a**. Be punctual, neat, and polite.

If, on the other hand, you want to recover money for injuries, you MUST hire a lawyer. Attempting to argue any claim, greater than a few thousand dollars, pro se is a waste of time.

BINGO!!! Insurance companies and their lawyers love it when you file a claim with no lawyer of your own. They know they will have to pay far, far less that way. Basically when filing yourself, it's you against their corporate lawyers and adjusters.

The person needs to go to a lawyer. Even with the lawyer fee, you'll get a lot more that way in the end and ensure that all your expenses are paid.

You're totally clueless. Don't come back with some childish insults either. You have no experience in claims, and therefore shouldn't pretend you do.

Long Beach freeway, Firestone Exit, Southgate?

LOL...that's e one!!! Even though I grew up in San Diego, we got KTLA. When I was five, I knew the location of Pete Ellis Dodge (Long Beach freeway, Firestone Exit, South....gate)

And I still do!! I guess jingles work....

I'm not a lawyer, and I don't play one on TV, but I've been involved in a few accidents, so here's my $.02.

If all you want to do is recover the cost of the destroyed bike -- $375 -- and you can prove the truck driver was at fault, as per the accident report, you don't need a lawyer.

Send a demand letter to the trucking company, along with a copy of the accident report and a receipt for the bike. In your letter you should demand that compensation for the bike should be sent to you in a reasonable amount of time. Be polite and don't resort to cursing, threats or any other childish nonsense.

In all likelihood, the trucking company will ignore you, refuse to pay anything, or offer you less than the bike was worth. If you are not compensated for the bike, you can file a complaint in small claims court.

Small claims is easy to do. The filing fees are low and there are no lawyers involved, just the plaintiff (you), the defendant (trucking company), and the judge. It's very likely that the trucking company will offer to settle once they have been served with the complaint. If not, and you have to go to court, bring the accident report and some evidence that shows the value of the bike and proof that the bike is a total loss. Tell your story as it happened, don't embellish -- save the drama for you amateur theater group. Answer all the judge's questions directly without being a smart a**. Be punctual, neat, and polite.

If, on the other hand, you want to recover money for injuries, you MUST hire a lawyer. Attempting to argue any claim, greater than a few thousand dollars, pro se is a waste of time.

That's all pretty good advice, but if he has their insurance already, he should file his claim with their carrier, as I stated previously. A letter to them will probably be ignored. If not ignored, the claim still has to be reported by someone, better that it's the cyclist. Small claims is easy, and getting a judgment isn't too hard. But a judgment is only piece of paper. If they don't show up, and he wins by default, what then? He'll need to file a lien, which will cost money. And then what? I've been there more than a few times, so I know how the system works. Filing a claim with their carrier is still the best course of action to take at this point.

Again, the OP has not returned for comment.

Thank you all for your advice. I think I'll just call the insurance company's number on the back of the police report and go from there. At least, I think that it's the right number (It says Insurance Policy Number). But I'm extremely busy so I can't make the call until this weekend. Anyway, I'll try to update what happens and if I need any more help I'll be sure to ask.

Again, thanks for your advice.

That's all pretty good advice, but if he has their insurance already, he should file his claim with their carrier, as I stated previously. A letter to them will probably be ignored. If not ignored, the claim still has to be reported by someone, better that it's the cyclist. Small claims is easy, and getting a judgment isn't too hard. But a judgment is only piece of paper. If they don't show up, and he wins by default, what then? He'll need to file a lien, which will cost money. And then what? I've been there more than a few times, so I know how the system works. Filing a claim with their carrier is still the best course of action to take at this point.

Again, the OP has not returned for comment.

Sorry, no. The aggrieved party is not the one insured. The OP's claim is with the trucking company, whether they have insurance or not. If he has to file a complaint in small claims, he files a complaint against the trucking company, not their insurance carrier. The trucking company can then deal with it as they see fit. They can pay out of pocket or submit it to their insurance company. The trucking company can not limit their liability by purchasing insurance.

If the OP receives a judgment in his favor, and the losing party refuses to pay, all he has to do is return to the court for an order of execution. The sheriff will then seize assets from the trucking company in an amount appropriate to satisfy the judgment.

I doubt that your experience with small claims was in New York or New Jersey.

I've put my responses in red, but I'm not trying to engage in a debate here.


Sorry, no. The aggrieved party is not the one insured. Never said he was. The OP's claim is with the trucking company, whether they have insurance or not. If he has to file a complaint in small claims, he files a complaint against the trucking company, not their insurance carrier. Please show me where I stated otherwise. I stated he files his claim with the trucking company's insurance carrier. The trucking company can then deal with it as they see fit. They can pay out of pocket or submit it to their insurance company. Or they can ignore it, which is the norm for a lot of companies. The trucking company can not limit their liability by purchasing insurance. Please explain. They limit their exposure by purchasing liability coverage.

If the OP receives a judgment in his favor, and the losing party refuses to pay, all he has to do is return to the court for an order of execution. The sheriff will then seize assets from the trucking company in an amount appropriate to satisfy the judgment. I'm sure they'll put that at the top of their priority list.

I doubt that your experience with small claims was in New York or New Jersey. You are correct. But I have handled thousands of insurance claims over 10 years, and may have learned a thing or two.

I've put my responses in red, but I'm not trying to engage in a debate here.

Neither am I, I'm just trying to give the best advice to the OP.

You are correct, the aggrieved party is going to be ignored, it makes no difference if he sends his compensation demand to the trucking company or the insurance carrier, he will be ignored -- that's how it works around here.

By sending a demand letter to the trucking company, he's starting the process for recovering on his damages. You can't file a complaint in small claims as your first step, judges do not look kindly on such litigants.

When he files his complaint in small claims, the trucking company will probably send him a check for less than half of what the OP is demanding. At this point, the OP can accept the offer of settlement, by cashing the check, or return the check and insist on his day in court.

Speaking for myself, I'd demand every cent of the $375. I'd get a judgment and then I'd be on the trucking company's butt like a bad rash until they paid me.

You seem to forget that the insurance company is bound by law to respond to his claim, whereas the trucking company is not. Even if they can't confirm coverage, they need to take a claim from him if he provides a policy number. And the DOI is a lot tougher than any small claims judge. They can impose a penalty of $5k or more for a violation as simple as failure to respond to a claim in a timely manner.

You seem to forget that the insurance company is bound by law to respond to his claim, whereas the trucking company is not. Even if they can't confirm coverage, they need to take a claim from him if he provides a policy number. And the DOI is a lot tougher than any small claims judge. They can impose a penalty of $5k or more for a violation as simple as failure to respond to a claim in a timely manner.

Sure they'll respond, by telling the claimant that he has no valid claim. The insurance company is not required to pay one cent until their is a judgment entered against their policy holder.

Sure they'll respond, by telling the claimant that he has no valid claim. The insurance company is not required to pay one cent until their is a judgment entered against their policy holder.

Or they could just accept liability and pay, which is what most insurance companies would do with a small claim like this.

I'll have to agree with Expat on this one. I work for a major auto insurer (as a programmer) working closely with business analysts who all have come up from "the line". I can clearly recall being told that "pedestrian" knockdown cases were no place to get "cute". For $375 this is a no-brainer for the insurer - just pay it and close it.

What is troubling to me is:
As soon as anyone calls to report an accident a claim is opened (regardless how legit it may be). All companies measure the performance of their adjusters by how long it takes to close a claim. No adjuster would sit on a claim such as this. Which leads me to believe that the trucker, for some reason, never reported it. He did the right thing by geting the police there. That was mostly for _his_ protection. I'm sure the police report clearly captures that snake wasn't serioulsy injured and that he probably refused medical attention. That would drastically reduce the possibility of any future medical claim. So it comes down to the bike. Maybe the trucker is gambling that snake will just shrug off the damage to his bike and the trucker won't have to take a ding with the insurance company.

As far as I can tell this was an open & shut case - *** 2 months ago ***. Snake - get this claim reported ASAP. There may be a point where the insurer might decline to act quickly, or at all, on old claims (legally I think you may have up to 1 year but that also might depend on whether is was reported in a timely manner or not).

Mr. Train, good call. Unless the trucker is independent, his employer probably requires a police report for any loss. The flip side is that if he's clearly at fault, but there's no damage to the truck, there's no motivation for him to report it. He's provided his info to the cyclist and left the ball in his court.