After 4 years of riding in downtown boston, I finally got nailed something serious.
Yesterday, I was biking home, going straight down the road when a car decided to make a left turn, broadsiding me and sending me crashing into the window. I'm relatively unharmed, bruised, but no major injury, but my poor old bike(a dearly loved schwinn worldsport) has been annihilated. Furthermore, my laptop and laptop bag were also severely damaged.
Anyone have any advice for dealing with the insurance company? I filed a claim today and they took all my info down for my medical stuff after going to the hospital, but they sort of seemed to disregard the property aspect. Are they required to pay for my laptop and bag, in addition to my bike? Am I going to get screwed because it's an older bike(e.g. is there any way to prove that i've put alot of time into maintaining it, etc?
I got a claim number, but I don't know what to do in terms of filing for my damages. I'm going to call the adjuster tomorrow, but wanted to check if anyone had any advice for getting compensated quickly and dealing with these people, etc. I'm really afraid I'm going to get a $100 check and told to piss off....
confused,
dave
The BikeForums Team
-adv-
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The ins co. has to pay you the fair market value of the property before it was damaged. So you are entitled to the value of your bike, laptop, bag, clothes, shoes, etc. Maintenance is not really taken into consideration, condition is. You are also entitled to time lost from work, including time spent going to the doctor.
If you went to the hospital, then you were injured and I would talk with an attorney about the possibility of making a bodily injury claim.
Good luck, hope you heal well.
velonomad
You need to get estimates and valuations for the damaged property, I was looking through Harris Cyclery's want-ads last night and saw a World sport for $200 (http://harriscyclery.net/classifieds/previewad.cfm?adid=1165&userid=1006&subcatid=34) which IMO is high. You should print it and save it. Do a google and see if you find any others that are selling high. The Laptop should be easier to get an estimate for.
The adjuster's job is to get the Insurance company off the hook for the least amount of money possible. Sometimes they will offer you more than what you have is worth to get you to go away ,so keep your mouth shut until you hear their offer. If it is low then you need estimates or ads showing current selling price of the same item.
The adjuster will probaly pressure you to settle quickly, Don't be afraid to turn down thier offer if it is lower than your estimate and/or tell them you want to think about it. Time is against them not you at this point. Do not sign anything that you do not fully understand.
DCCommuter
It's very much a state-by-state matter.
This is a site particular to Massachusetts:
http://massbike.org/resources/crash.htm
dfb
Thanks for the links and info.
Is talking to an attorney really necessary? I'm a grad student at the moment and, as such, have little money. I'm pretty much ok, other than my personal belongings being torn to pieces.
Besides filing an accident report and calling the insurance company, is there anything I should do that's time sensitive?
Thanks for the help
dave
jimmuter
Thanks for the links and info.
Is talking to an attorney really necessary? I'm a grad student at the moment and, as such, have little money. I'm pretty much ok, other than my personal belongings being torn to pieces.
Many ambulance chaser types won't charge you unless they win you some money. Is it necessary? No, not unless you feel like the insurance company is trying to screw you.
randya
It's almost impossible to win a judgement against an insurance company unless you have your own insurance company or an attorney on your side, you won't get very far alone.
timmhaan
you should report all damaged property. when i had my accident i called and made a claim saying i had both injuries and property damage. a week later i recieved the forms in the mail to fill out. you should get a form that you can list property damage estimates. you'll want to attach copies of reciepts or estimates you get along with photos of the damage.
Roody
Actually, most people I know who have been hit found the insurance company to be pretty generous.
Did you mean that you hit the car window, or another window, like a store window? If you did hit a store window, you might want to make sure the auto insurance is covering that damage too. Otherwise, the store might come after you for damages to their window, especially if they don't know who was driving the car.
dfb
I just got an estimate from the bike shop and they called it a total loss, estimate the worth at $250. I guess that's good. I'll wait until the forms show up and I get trouble filing them to go litigation happy, but thanks for the help everyone.
dfb
Actually, most people I know who have been hit found the insurance company to be pretty generous.
Did you mean that you hit the car window, or another window, like a store window? If you did hit a store window, you might want to make sure the auto insurance is covering that damage too. Otherwise, the store might come after you for damages to their window, especially if they don't know who was driving the car.
I hit the car window. They smacked me at a 45 degree angle with the left front of the hood and my mid torso went into the window leaving about 3/4 of it shattered. Thankfully, no store fronts were involved, it's enough off a bloody hassle trying to get the medical and property, etc. etc, with one car ;)
Roody
I just hope you make a nice recovery and find a cool new bike with the 250.
San Rensho
Another word of caution. When the ins co pays you, they will require that you sign a release, which absolves them of any further liability related to the accident.
If at the time you sign you have not made a claim for bodily injury, be sure the release is ONLY for property damage. Watch out, ins. companies regularly submit a release for bodily injury even if they have not paid you a cent for bodily injury. I know this because I'm an attorney and insurance companies regularly send bodily injury releases to me hoping I won't notice.
I would talk to an attorney. Any personal injury attorney will talk to you for free and if they take your case, it will be on a contingency fee basis. If they don't recover for you, you don't owe them attorneys fees.
There, free advice from an attorney. See? We're not that bad.
dfb
Update: the insurance company was really reasonable - I got $300 for the bike and they replaced the laptop completely. They also have taken care of all my medical expenses. I didn't recieve the payment until just recently, but overall it went really smoothly.
I guess I was just really lucky!
Thanks for the advice
Helmet Head
I'm glad it turned out as well as it did for you.
Just curious... how many lanes on this road, was there a right turn only lane at the intersection, was there a bike lane, and where were you positioned in the lane?
Blue Order
I'm glad it turned out as well as it did for you.
Just curious... how many lanes on this road, was there a right turn only lane at the intersection, was there a bike lane, and where were you positioned in the lane?Is it really necessary to hijack this thread about property damage for yet another-- let me guess-- anti bike lane screed?
Helmet Head
Is it really necessary to hijack this thread about property damage for yet another-- let me guess-- anti bike lane screed?
If you're not curious as to the contributing factors of car-bike collisions, so be it. I am. Leave me alone.
It's not my fault that riding too far to the right, often as guided to do so by a bike lane, is a factor in so many of these collisions.
Blue Order
If you're not curious as to the contributing factors of car-bike collisions, so be it. I am. Leave me alone.
It's not my fault that riding too far to the right, often as guided to do so by a bike lane, is a factor in so many of these collisions.It is your fault that you consistently hijack threads no matter the subject so you can tell us yet again about POWERWEAVE.
Helmet Head
It is your fault that you consistently hijack threads no matter the subject so you can tell us yet again about POWERWEAVE.
I am not familar with your term "POWERWEAVE", nor am I going to speculate as to what you might mean by it, but I'm quite sure it has nothing to do with this thread. Leave us alone. You're on ignore.
Blue Order
I am not familar with your term "POWERWEAVE", nor am I going to speculate as to what you might mean by it, but I'm quite sure it has nothing to do with this thread.Exactly my point.
Leave us alone.Multiple personality syndrome, or repeating what you've been hearing?
I-Like-To-Bike
Exactly my point.
Multiple personality syndrome, or repeating what you've been hearing?
Nope, the HijackingDonkey just can't help repeating what he's been told by the puppet master. Either that or you are right, its those "voices" that convince him anybody with intelligence takes his "stuff" seriously.
As for the OP, you are fortunate to get your claim settled to your satisfaction without much hassle; and even more fortunate not to have been seriously injured in such an accident. My current advice ignore the Jack Donkey and his mindless crapola, unless he by some chance ends up doing his powerweaving in front of you while driving. Then do the right thing.
chipcom
I'm glad it turned out as well as it did for you.
Just curious... how many lanes on this road, was there a right turn only lane at the intersection, was there a bike lane, and where were you positioned in the lane?
You should change your user name to 'Ambulance Chaser'
bbonnn
Update: the insurance company was really reasonable - I got $300 for the bike and they replaced the laptop completely. They also have taken care of all my medical expenses. I didn't recieve the payment until just recently, but overall it went really smoothly.
I bet, comparing how much they're going to raise the auto driver's premium for being at-fault versus what they paid you, the insurance company still made out like a bandit. If it had been a car that had been totaled, or even slightly damaged, they wouldn't have gotten away with only paying out $300 for the vehicle.
I'm not saying that it's screwy or bad, just an interesting side-effect of being on a bike: it's dirt-cheap to repair/replace equipment damage.
closetbiker
...There, free advice from an attorney. See? We're not that bad.
I can't say how much free advice I've had from attorneys. You're a good lot, despite what they say about you.
dfb
I'm glad it turned out as well as it did for you.
Just curious... how many lanes on this road, was there a right turn only lane at the intersection, was there a bike lane, and where were you positioned in the lane?
I guess I'll bite - it was two lanes one south, one north. I was going north, they were turning right(east, it was a T intersection in a residential area). They didn't see me, I got broadsided. There was no reason for it other than the driver's carelessness.....
Going to get an IRO Mark V tomorrow... sweet.
I-Like-To-Bike
I guess I'll bite - it was two lanes one south, one north. I was going north, they were turning right(east, it was a T intersection in a residential area). They didn't see me, I got broadsided. There was no reason for it other than the driver's carelessness.....
Going to get an IRO Mark V tomorrow... sweet.
Answer the dang question, wasn't there a bike lane somewhere in the hemisphere that can be blamed for causing this accident?:rolleyes: Only one answer is acceptable to Head (case) and you didn't give the right one, so try again.:)
Helmet Head
I guess I'll bite - it was two lanes one south, one north. I was going north, they were turning right(east, it was a T intersection in a residential area). They didn't see me, I got broadsided. There was no reason for it other than the driver's carelessness.....
Do you remember where you were riding in the n/b lane as you approached and crossed the intersection? Near the right curb, near the right tire track, in the center, near the left tire track?
Going to get an IRO Mark V tomorrow... sweet.
Congrats!