Road Cycling - got hit by a car... need advice on insurance...

i just got hit by a car about 2 hours ago... i just want some advice on how to deal with insurance... it was her fault... i already know that i'm gonna claim every single little thing from helmet to my wrist watch, but do i also let my car insurance know about the accident...?

You need a police report and HER insurance phone number. Why are you going to contact your insuance? Do you want your rates to go up?

The police report is critical since her insurance company will want to see it before they release any funds. If you don't have one, get it fast as timing is everything and she state it was your fault. This happened to me when I was in an accident and was doored.

The driver stated on the police report that he opened the door and hit me. It was written down in black and white by the patrol officer. Once his insurance company contacted him, he changed his story completely and stated that I simply fell off the bike and was never hit by the door.

The insurance company couldn't defend him and instead of going to small claims court (which would have cost them more money) paid out $1,500.00 dollars for what was nothing more than a scratch. This was more than 10 years ago.

This is why it's critical to get a police report minutes after the accident. If you don't have a police report, you have my condolences.

You said you got hit... while riding your bike I assume? Your car insurance is insurance on your car, not your bike. So there's no reason to talk to your insurance company, unless you were in a car at the time.

document everything. if you are suffering from any pain or anything from the accident go to the doctor and make sure to get EVERYTHING documented while you see the doctor. get copies of all the police reports, medical records and stuff. while the doctor is documenting stuff make sure to read the things they are writing to see if you agree with them. In april I was hit and they left things out of the records, so even though they happened and I was entitled to money from them I had no proof.

Keep a diary of the pain you are going through, when it happens, what you can't do because of the pain.

Wait atleast 3 months to make sure you have all the medical bills in, records, etc. As well as not having any kind of delayed pain from the accident.

Don't accept her insurance companies first offer for a settlement.

Consider getting a lawyer.

You said you got hit... while riding your bike I assume? Your car insurance is insurance on your car, not your bike. So there's no reason to talk to your insurance company, unless you were in a car at the time.

You would call your own auto insurance company if the other driver didn't have insurance and then you could claim under your un-insured piece of your policy (well provided you signed up for it). That's about the only time I can think of where you would contact them.


Andrew

You might check your homeowners policy. Sometimes they have provisions for bicycles under certain circumstances.

Your auto carrier won't be able to do anything because you were not driving at the time. You can call your homeowners/renters carrier and see what they can do. I also suggest getting a police report if they were on the scene.

I just wanted to respond to everyone's negative attitude towards insurance companies. I am a liability claims rep with a major company. It is not our job to pay as little as possible, nor do we pop open a bottle of champagne and pass out cigars every time we deny a claim. We gather the available evidence and pay what is fair. You are not supposed to get rich from an insurance claim. It is only supposed to get you back to where you were before the incident. No more, no less. If you try to claim any more than that then you are guilty of fraud, and that is the number one reason why your car insurance bill is not half of what it is now. If you feel you are still not being treated fairly, get a lawyer, or call your state insurance commissioner and file a formal complaint. Just don't go into this with a David vs. Goliath attitude and try to milk this for all it's worth and be a hero for the working man. Yes, be thorough and document all of your damages and/or injuries and provide the claim adjuster everything they ask for, but you will have a much easier time dealing with the adjuster if you cooperate and treat them politely, like a human being. Just remember that the object is not to get rich, nor are you trying to punish the driver, nor are you trying to be a hero by standing up to a heartless corporation. If you think you deserve $XXX, be prepared to prove it on paper with purchase receipts, medical bills, and doctors reports.

OK, I feel better now.

Originally posted by live311
We gather the available evidence and pay what is fair. You are not supposed to get rich from an insurance claim. It is only supposed to get you back to where you were before the incident. No more, no less. If you try to claim any more than that then you are guilty of fraud...

Wow, no bias there.

In any event, live311, i'd say half the time the insurance is ducking payment where they should own up, and the other half the time, maybe somebody is trying to pull a fast one.

As for getting back to where one was before an accident, in the case of a bicyclist beign hit by a car, usually the damage is to ones body, and may cause lasting problems for the rest of thier lives!

In such a case, no one is getting rich by getting more money, they are getting dollars to compensate them for the pain suffering and loss of use of their body that the inattenitve motorist caused them.

Often times a person cannot be made like they were before an "incident." If anyone ever runs me over and I am injured and suffer, I will make them and their insurance company compensate me to the fullest extent legally allowed, and that will not be limited to things that I have bills and receipts for.

take care,

Jester

P.S. One other reason insurance is so high here, is we let pretty much anyone with a hearbeat over the age of 16-18 drive, look at licensing in europe to see the way it should work.

Go to a Doctor.

Make a Police Report.

Don't accept a payment without consulting an attorney.

If you are covered by your insurance, contact them (home, auto, or heath)

Let your conscience be your guide.

ehenz

I hope you are not hurt. If so, my condolences. Try to recover your losses as fast as possible and continue cycling. Maybe the lady that hit you will just cut a check for these items. She probably is scared to death about getting sued. Bicycle vs. car never looks good.

I must disagree with some of the previous msgs. My wife was hit by a car last year and our insurance covered all up front cost and medical because a car was involved. Her injuries were extensive and she is still under a doctors care. If your damage is minor, you may not need to go to your insurance, but if you need it, it is there. This was a good reason for us to have a high medical amount on our policy because the other driver had very low coverage for our medical bills.

Good luck and I hope you are feeling better soon.

The absolute #1 thing to do is get a polcie report. In fact they should have come to the scene to make it. Any claim will hinge in this report.

Originally posted by live311
. I am a liability claims rep with a major company. .

That would explain your avitar. :p

the police said to pick up the report and the person's insurance info tomorrow at the station... basically what happened was i was on the right lane of a two lane road... i need to go over to the left turn lane... i looked back and the lady was directly behind me, also on the right lane... so i looked at on coming cars on the left lane and saw it was clear... i signaled left, and for some reason, the lady wanted to pass me on the left even though i was already on the left lane... she hit me on the line where the left turn lane starts... i went to the doctor and no broken bones... although my right leg and right wrist are very sore from hitting the ground... the rear wheel and tire are gone... scraped against the ground... right crank is bent up to the front derailleur (of course the right pedal was scraped to the knob... rear derailleur is gone too... oh yea... helmet saved my head...

Code monkey

My advice since you "DID" ask for it is to also notify your homeowners, auto, and medical carriers. You were on a mode of transportation and were a legal vehicle. Your homeowners may have some extended coverages. Your health ins may also pick up some payments. They all three may have to go to court to help you recover. They all could join and help against the other party if necessary. Don't get a lawyer until you have to. If you tell the adjuster you have an attorney he can no longer talk to you, but only his attorney and yours can talk. Sure claim all the damages. But the ins co is only going to restore only what was damaged. Not let you make money. Their responsibility is to indemtify you back to your original state. I sure hope you weren't hurt very bad.

Have your bike checked out by your LBS, they may find some damage you missed. Also get a written estimate from them for your insurance and possible legal needs. Include clothing, glasses, helmet, etc.

Originally posted by jester69
In any event, live311, i'd say half the time the insurance is ducking payment where they should own up, and the other half the time, maybe somebody is trying to pull a fast one.

This may be true to some extent. I won't deny that. But saving a few bucks on a claim payment is one thing; ripping off the claimant is another.


As for getting back to where one was before an accident, in the case of a bicyclist beign hit by a car, usually the damage is to ones body, and may cause lasting problems for the rest of thier lives!

Permanent injuries and disabilities are in a different league. Code Monkey wasn't permanently injured so it's a moot point.


In such a case, no one is getting rich by getting more money, they are getting dollars to compensate them for the pain suffering and loss of use of their body that the inattenitve motorist caused them.

If a person really is injured and has a legitimate claim, like Code Monkey, then he is entitled to fair compensation. Just don't treat longer than you need to or have your doctor exaggerate your injuries in his report.


Often times a person cannot be made like they were before an "incident."

Again, we aren't talking about paralysis or brain damage. Settlements for cases like that pretty much come down to regional court precedent and statutes.


If anyone ever runs me over and I am injured and suffer, I will make them and their insurance company compensate me to the fullest extent legally allowed, and that will not be limited to things that I have bills and receipts for.

As well you should. I would, too. I just wouldn't sue for millions over a broken bicycle and a sprained wrist (although you'll have no trouble finding a lawyer who will). When I first saw this thead I assumed I would hear the usual "insurance companies are evil and must be thwarted!" rants and people would give Code Monley advice on how to cheat the driver's insurance and milk his claim for more than it is worth. I understand everyone's frustrations in dealing with "the man." I just wanted to offer some perspective from the other side.

Oh, and I went crazy long before I got this job:D

Hmmm...Insurance rates go up for a reason. I wonder what an Insurance company CEO makes.
"Needy doesn't believe in insurance. He thinks it's a form of gambling."
Maude Flanders

I got rear ended (in car) a few years back. Was treated by a doctor, then went to physical therapist for help in recovering. Insurance company wanted to settle right away but I wouldn't until I could determine all my "loss". My health insurance covered the bills and I kept records. Finally settled a couple of years later but was still taking inflammation pills and still hurt. Turned out there is a formula for pain and suffering the insurance companies used as a guideline...either 2 or 3 times the amount of medical expense you had. I didn't hear this from them but they settled at that amount after a bit of haggling. Perhaps the insurance guy can shed some light on whether its 2 or 3 times.

I didn't get a lawyer just said I could if the insurance company wasn't willing to settle for what I considered a fair amount (based on formula). Didn't think a lawyer would get me anything extra or I would have.

Small amount for a lot of trouble that still bothers me years later. Didn't like the fact there was a formula setting limits (and also don't like the same idea with limits on malpractice suits).

Glad you are ok. Bikes can always be replaced.

Bob

All of the above is good advice.

re the Insurance company thing. I'm with live 311. If insurance rates go up it is because of more claims. The purpose of the insurance and the tort or damages side of law is to put the person suffering the injury in the position he was before suffering the damage. If he has long term injuries (as I have with my ankle following a motorcycle incident), then a measure of financial compensation is involved.

It's amazing how people always go on about insurance companies and lawyers yet the same people are often the ones who try to maximise claims and go along wiht the suggestions of the unscrupulous ones. It's that which leads to increased costs for everybody. It also perhaps leads to more deserving cases not being viewed as well by insurers who have to take a very hard line to minimise fraud.

The view that any injury deserves damages outwith all balance seems very prevalent in a society which has brought us Nintendo thumb, the Mcdonalds case etc.

Thankfully here, that sort of thing is less prevalent over here.

By the way, to set the record straight I am a (ethical)lawyer, but don't deal with such matters, my only experience of same (other than early in my career) has been as the injured person.

Maximise my a$$.Insurance companys will screw you faster then we might try to screw them so they need to SHUT UP.ZThe fricken guy got hit.Dont settle for sh$t.You might feel worst in a month.If you cant get the bike JUST as it was before including paint,new bike.Thats whay you should have for her screwing up and hitting you paying for insurance year after year and not using it until now.They O U.

It is good to hear that you made it out of that inident in relative good shape. It always is a bad scene to get hit by a car, especially a "in the hurry driver." Just be sure you take it easy for you never know what injuries may show up in the future. I would not worry about the rig, that is easily replaceable.
As far as the insurance thing and compensation goes if the police report shows the driver was in the wrong then let the companies battle it out, get the advice of a attorney, if the driver looks as though they do not want to replace the rig and compensate you for injuries etc. then look at civil proceedings.

Originally posted by chewa
It's that which leads to increased costs for everybody. It also perhaps leads to more deserving cases not being viewed as well by insurers who have to take a very hard line to minimise fraud.

At least in the US I think everyone expecting to have a car no matter how bad their driving is what leads to most of our problems. I see more drivers here that are accidents waiting to happen than seems right or just.

Here, you get tested once for driving skill when you are about 16, and if you pass can drive pretty much forever.

So, i'd say people injured by auto accidents being greedy is NOT the problem, but that we are by and large letting people drive that probably shouldn't be allowed.

IMHO, they should have one rate for people with no at fault accidents and an entirely different rate for people that run around creaming other cars and bicyclists. Maybe give everyone one freebie accident per lifetime, then make THEM pay for compensating people that have been hurt.

On the other hand, I look at this from a perspective where I wouldn't claim anything if I didn't deserve it, unfortunately I do think there are plenty of scammers that try to game the system, but I don't believe there are significantly more of them than insurance companies that try to pay you less than is fair.

The industry would have you believe the scammers are all to blame, but maybe, just maybe, its that we let incompetent people drive.

take care,

Jester

Bob99 I was rear ended by some senile old lady (people told me not to say that, since makes me look mean and angry but it is true :) I was not physicaly hurt to any extent and neither was my son thank god! But my roomate in the car with me had some extensive soft tissue damage. Basicaly whiplash.. sore muscles throughout her back and leg. Getting run around so far, went to emergency room that night and did not go to the doctor till a few days later (took 1 day off work before going to doctor) and doctor took her off work for the rest of the week. Well inurance company stated at this point will only cover loss of pay after seeing doctor and since she was only on medication for past 6 weeks and not constantly going to doctor for updates they do not consider her injuries on going. She is at the point to settle despite still being a bit sore, since her work is changing insurance company's and new one won't cover pre-existing conditions. I was just wondering where did you find that information on how much a insurance company should be paying for compensation.

If insurance rates go up it is because of more claims.
I have found that rates very due to competition and stock market performance. It seems that at this point in time the insurance companies are dropping people who make claims because the insurance companies do not have a lot of money to pay because there investments have gone sour.


I wonder what an Insurance company CEO makes.
I do not knw what they make but I used to work on there corporate jets and watch the shot guns and golf clubs get loaded for pheasant hunting and golf outings around the world.
Nice work if you can get it. ;)

Originally posted by Kev
She is at the point to settle despite still being a bit sore, since her work is changing insurance company's and new one won't cover pre-existing conditions. I was just wondering where did you find that information on how much a insurance company should be paying for compensation.

You might want to check into this more. The old insurance company may still be liable for your roommates treatment costs. Also, since this is a policy through her employer, the new company or her employer may have to pick up coverage.

Regardless, I don't think you become responsible for a condition that is currently under treatment when your employer switches insurance company. That would basically make all chronic conditions un-insured.

Talk to the HR department and the insurance company. If you don't receive any satisfaction, it might be time to go to a lawyer. Going to a lawyer doesn't mean that you are going sue or be wrapped up in legal proceedings. It just gives you the opportunity to gain an understanding of what the law actually states from an independent, knowledgable party. Often, just a letter from a lawyer providing a friendly reminder of the law can do wonders.

Originally posted by jester69
One other reason insurance is so high here, is we let pretty much anyone with a hearbeat over the age of 16-18 drive, look at licensing in europe to see the way it should work.

How do they do in Europe?

Ok I'll chime in with my "insurance" story.
I was rear ended (in a car) back in June, this happened
in Ala, by a driver from Louisianna.
No one was hurt, and the damage was relatively minor.
I file a claim against his insurance, no problem the La. folks
just want to get it taken care of.
The adjuster from Texas, writes up the estimate using "remanufactured" and used parts.
I say no, I don't think so. They say "the code states we do not
have to replace with new parts".

what a crock. They ought to be happy that I'm not suing for
whiplash, pain and suffering, and not using "THE TEXAS HAMMER"
(injury lawyer who advertizes on tv).
You'd think they'd spring for the lousy couple of hundred bucks
and be happy to do so. . .
I can't be bothered with lawyers, court cases etc. I'm paying the
difference to get the new bumper covers (a whopping $25).
I'm not looking to get rich here, just get my car repaired to
my satisfaction, is that too much to ask?

As the late Warren Zevon said:
"Send lawyers, guns, and money"

ok, rant over.
Marty

Originally posted by allgoo19
How do they do in Europe?

Here is a summary (http://members.aol.com/learnanliv/learner.html)

Basically, more tests, mandatory training, stricter rules, extensive probationary periods, better enforecement, and it is easier to loose ones license.

take care,

Jester

Originally posted by jester69
Here is a summary (http://members.aol.com/learnanliv/learner.html)

Basically, more tests, mandatory training, stricter rules, extensive probationary periods, better enforecement, and it is easier to loose ones license.

take care,

Jester

Some of them have a good point. I don't know much about what teenagers get in the U.S. I think one of them is to pay higher insurance premium, which parents are wiling to pay, because they'd rather pay for that than their kids cause bigger problem.

We had one teenaged girl hit a motorcycle officer in Mission Viejo in recent month. I drove by the scene right after the accident without knowing what had happened. The officer wasn't there but his motorcycle was still there on the street which was badly damaged. I was so sure he was dead instantly. I was surprised to hear he was taken to the hospital which was less than a mile away, but days after I heard people talking that he had died in the hospital the same day of the accident. I also heard what the girl said after the accident why the accident happened which was, she didn't see the motorcycle because it was behind another car when she was trying to come out of smaller street. It made no sense to me. If this could happen here, it could happen everywhere. Nobody told me if they believe it or not, I don't think anybody believed it. You know what I think what actually happened? She was on the phone. I used to have cell phone, so I know it's convenient, but I canceled it after a few times I got calls while I was driving. I can drive it, but I pay much less attention to what's happening around me. If that happens to be another driver talking on the phone, that's accident waiting to happen. Those drivers talk on the phone while driving don't know they can do so because of expense of other drivers extra caution that there maybe drivers talking on the phone. I think all automobile should be equipped with a device that block the phone signal incoming and out going. When make a call, get out the car and do it. People should know that unless you are driving in your private property, you are not only driving for yourself but driving for others.

I just want you to know I was so sick watching that motorcycle laying on the street.

why is it people always use that "i didn't see him" excuse...? they're making a fool out of themselves... that lady that hit me, kept telling the police that she didn't see me when the police gave her a citation... but on the police report it said that "driver 1 stated that she saw a male on a bicycle and proceded to go around him"... obviously if she was passing me that she saw me...

"I didn't see him" = stupid, ****ing, pathetic humanoid trying to absolve one's self of any wrong doing.

I would have kicked her when the cop wasn't looking and if she brought that up in the case, I would have calmly retorted, "I didn't see her."

Thank god I am half machine...