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Old 09-18-09, 06:50 PM   #26
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Nicely reported. Thanks for breaking it up into chunks.

I'll continue to carry Halt! for rides that have any potential for misbehaving doggies.
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Old 09-18-09, 06:55 PM   #27
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Mike, I'm really glad that your leg is healing nicely, it looks pretty good actually! I am also happy that your nervousness of dogs faded after a couple of months. Nothing like not feeling yourself after something traumatic like this happens.

You are very very fortunate that the owners were cooperative and sympathetic and did the best that they could to help you out. I give kudos to the driver that stopped for you too as well as the manager of the restaurant that helped you finally get some lunch. Although you had some difficulty, it's amazing how strangers will pull through isn't it?

Thank you for sharing with us your experience and tips on how to help ourselves in the future. I'm sure a lot of people learned for your incident.
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Old 09-18-09, 07:04 PM   #28
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In the three month interim, can you please state how the medical billing was handled? ... Did the attorney stall any medical payments until the case was settled in full? Or perhaps you had to deal with the medical offices on your own?
Good question. I should have thought of that.

My lawyer told me to use my own health insurance for the claims and pay the deductibles myself, until the settlement. He warned me to not let any bills lapse because we needed the doctor's cooperation. Also to keep all receipts and send them to him. The Lawyer also paid the doctors a small fee for sending their records to him.

Not long after the incident happened, I got a form from my health insurance asking if my injury was the result of an accident and if anyone else was responsible. (you may have seen these before) I filled it out and told them the whole story as well as what my lawyer was doing. Insurance companies hire an agency to gather the records and negotiate with the lawyer for reimbursement.

So when the settlement came, the lawyer got 33% off the top, then he paid the amount that he and the agency working for my health insurer agreed to, then he sent me the rest. The money I got back was used to backfill my savings that went down due to paying my deductibles and copays. What was left was to make up for my lost wages and pain & suffering.
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Old 09-18-09, 07:06 PM   #29
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Very interesting and informative. Only one question, you said "And finally that the average dog bite settlement is $25,000". I don't care how much you got or the lawyer received. In fact, the insurance company probably would require non-disclosure as a price of settlement. But, did you come out ok financially? Did you come out over the "average"? That was a nasty bite.
I didn't loose any money in this. I know that the wound looks bad but the settlements that are really large are kids, especially if they are bit in the face. Those tilt the average up a lot.
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Old 09-18-09, 07:12 PM   #30
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Thanks to all the many posts above for offering kind words. They are much appreciated.
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Old 09-18-09, 07:18 PM   #31
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I am completely horrified. I don't know whether to ride my bike again or never, ever pet my dog.
I learned to NEVER allow my dog to go loose. The financial responsibility is tremendous. If your dog runs up on the road - even to lick a persons hand and a bad driver panics and runs into a tree because you animal distracted him, you are in great legal liability. People can go after everything your insurance covers AND MORE!
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Old 09-18-09, 07:18 PM   #32
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Glad to hear this worked out well enough for you. I hope you recover as fully as possible.
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Old 09-18-09, 07:21 PM   #33
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You are very very fortunate that the owners were cooperative and sympathetic and did the best that they could to help you out. I give kudos to the driver that stopped for you too as well as the manager of the restaurant that helped you finally get some lunch. Although you had some difficulty, it's amazing how strangers will pull through isn't it?
Renewed my faith in people but lessened my faith in dogs.
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Old 09-18-09, 08:16 PM   #34
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Oh my God!!!!!!




Thanks for the story. Quite educational... and scary. I had a couple of very mean-looking German Shepherds chasing me on a bike, and I was attacked by large dogs a couple of times as a kid, but nothing this extreme. It is reaffirming to hear about the strangers helping you out, and that actually is fairly typical in stories like this (which is a good thing, of course). Glad to hear the leg is healing okay. You'll have one kick-ass scar now!
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Old 09-18-09, 08:20 PM   #35
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Very informative post, thanks!

BTW, should show some gratitude to the lawyer.
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Old 09-18-09, 08:52 PM   #36
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So...............................................................how's your bike?
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Old 09-19-09, 02:56 AM   #37
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So...............................................................how's your bike?
I should have mentioned that. When the dog bite me I was not going very fast (obviously) so I knew that the bike did not get it bad. I must admit I checked the handlebar tape on the side that hit BEFORE I looked down at my leg.
Some ripped handlebar tape was all that the bike got.
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Old 09-19-09, 03:08 AM   #38
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One more thing about the lawyer and the health insurance....
I said in a previous post that my health Ins. Co picked up the tab until the settlement was reached, and that their agent works with the lawyer to get the health ins co reimbursed.

The lawyer told me that he gets the health ins co to accept only 66% of the medical bills. He said the discount is because the health ins co would get less or nothing if it were not for the lawyer's efforts, so the lawyer gets 33% of the health ins claim too.

What the lawyer does with his 33% of the health bill claim is up to him. A good lawyer will pass it on back to the injured party.
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Old 09-19-09, 10:33 AM   #39
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Good story. Sorry you had to go through it.

I am impressed that the dog's owner was so cooperative. That's a rarity these days.
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Old 09-19-09, 03:34 PM   #40
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I carry pepper spray too. There are a few who oppose spraying dogs; but the effect wears off after 15 minutes.
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Old 09-19-09, 03:49 PM   #41
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I must admit I checked the handlebar tape on the side that hit BEFORE I looked down at my leg.
Sounds like a normal response to me. First things first. Gotta have your priorities in order.

Your bike suffered no significant damage and your leg is looking much improved.
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Old 09-19-09, 09:25 PM   #42
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Sounds like you had a good insurance company -- and lawyer -- that helped you get through a rough spot. Good on you for keeping your head, and good on the folks who supported you. Thanks for sharing your story.
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Old 09-20-09, 05:37 AM   #43
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Very informative post, thanks!

BTW, should show some gratitude to the lawyer.
He go 33% off the top. I thanked him and told him he did a good job.
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Old 09-20-09, 12:41 PM   #44
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mike, i'm really glad that your leg is healing nicely, it looks pretty good actually! I am also happy that your nervousness of dogs faded after a couple of months. Nothing like not feeling yourself after something traumatic like this happens.

You are very very fortunate that the owners were cooperative and sympathetic and did the best that they could to help you out. I give kudos to the driver that stopped for you too as well as the manager of the restaurant that helped you finally get some lunch. Although you had some difficulty, it's amazing how strangers will pull through isn't it?

thank you for sharing with us your experience and tips on how to help ourselves in the future. I'm sure a lot of people learned for your incident.
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Old 09-21-09, 06:14 PM   #45
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I'm glad you are using Halt! and braving the road. I appreciate the story and am sympathetic to your story even though I love dogs and hate lawyers and insurance companies. It is sad that you had to go through the insurance /legal wringers to get a proper settlement.

But, despite the obvious pain you went through on your ordeal, I think the majority of the pain was felt by the homeowner who was raked over the coals in the legal system. No doubt the lawyers got a nice payday with this case.

Will the homeowner lose their house after your case has settled? I am sure the lawyers were able to fund at least a year of college education for their kids.

Has justice been served? Is the world a better place or must we all hide out from liablity lurking around every corner?

Like I said, I am sympathetic to your story. I am just a bit quesy about the outcome.

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Old 09-21-09, 06:43 PM   #46
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I'm glad you are using Halt! and braving the road. I appreciate the story and am sympathetic to your story even though I love dogs and hate lawyers and insurance companies. It is sad that you had to go through the insurance /legal wringers to get a proper settlement.

But, despite the obvious pain you went through on your ordeal, I think the majority of the pain was felt by the homeowner who was raked over the coals in the legal system. No doubt the lawyers got a nice payday with this case.

Will the homeowner lose their house after your case has settled? I am sure the lawyers were able to fund at least a year of college education for their kids.

Has justice been served? Is the world a better place or must we all hide out from liablity lurking under every rock?

Like I said, I am sympathetic to your story. I am just a bit quesy about the outcome.
You have a lot of incorrect presumptions in the your post.

1. I stated in one of my original post that I did NOT want to go after the homeowner.

2. I stated in one of my original posts that the lawyer did NOT want to go after the homeowner.
I guess I should have made it clearer we DID NOT go after the homeowner.
The homeowner was not involved legally - other than dealing with the dog warden.
All legal matters were conducted between the insurance company and the lawyer.

3. I stated in one of my original posts that the homeowner got a fence.
It's obvious that he did NOT loose the home if he got a fence.

4. I stated in the original post that the lawyer got 33% of the settlement.
The other 66% was split between me and my medical bills (mostly the bills).
If the lawyer got enough to send his kids to college then I'm a millionaire - and I'm NOT.
BTW you don't mention the "money grubbing doctors" who got a big chunk of the money.
The doctors earned it and so did the lawyer.
I know how much the lawyer got but I do not know what his expenses were.
I don't know what his profit was but he earned it, plus if the insurance had offered me a minimum just settlement I would have never talked to the lawyer.

To answer your question - Yes, justice was served.

IMHO All these facts were perfectly obvious to any intelligent person who reads my original posts.
I think that you should get your facts straight BEFORE you jump up on you soap box.

That's all I will say on this stupid subject. Go pedal your prejudgement laden cause elsewhere.
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Old 09-21-09, 07:08 PM   #47
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Thank you very much for sharing your very educational story. Like many others have said, there is definitely some invaluable information in there, and I live everyone else am glad you're back on the bike again.

I have an extra insurance card that I keep in my saddle bag at all times in case of an emergency. In fact I have a couple extra insurance cards, one for my saddle bag on my road bike and another that stays in my Camelbak for when I mountain bike.

Just tonight, I was reading my SWAMP (MTB club in Tampa, FL) newsletter and there is an article about supplemental accident insurance. I've never had such a policy, but I believe I'm going to call my insurance provider tomorrow and see what it will cost. I do enough mountain biking that inevitably I'm going to hurt myself, and a little extra coverage never hurts.
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Old 09-21-09, 08:25 PM   #48
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There are few things to remember whenever you're injured by the actions of another person: that person is liable for your medical bills, lost wages and a reasonable amount for pain and suffering. That person and their insurance is also the only entity responsible for paying the bills resulting from the accident assuming this party is 100% liable. Also, the liable party, their insurance company and their lawyers will take whatever reasonable steps they can take to limit their losses which for them means settling with you and not involving personal injury lawyers. You and the people you hire on your behalf are the only people that will advocate for justice that is weighted in your favor. If you ever feel that justice isn't being served then by all means hire a good lawyer who can tip things back in your favor and place the financial burdens where they belong.
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Old 09-21-09, 10:27 PM   #49
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You have a lot of incorrect presumptions in the your post.

1. I stated in one of my original post that I did NOT want to go after the homeowner.

2. I stated in one of my original posts that the lawyer did NOT want to go after the homeowner.
I guess I should have made it clearer we DID NOT go after the homeowner.
The homeowner was not involved legally - other than dealing with the dog warden.
All legal matters were conducted between the insurance company and the lawyer.

3. I stated in one of my original posts that the homeowner got a fence.
It's obvious that he did NOT loose the home if he got a fence.

4. I stated in the original post that the lawyer got 33% of the settlement.
The other 66% was split between me and my medical bills (mostly the bills).
If the lawyer got enough to send his kids to college then I'm a millionaire - and I'm NOT.
BTW you don't mention the "money grubbing doctors" who got a big chunk of the money.
The doctors earned it and so did the lawyer.
I know how much the lawyer got but I do not know what his expenses were.
I don't know what his profit was but he earned it, plus if the insurance had offered me a minimum just settlement I would have never talked to the lawyer.

To answer your question - Yes, justice was served.

IMHO All these facts were perfectly obvious to any intelligent person who reads my original posts.
I think that you should get your facts straight BEFORE you jump up on you soap box.

That's all I will say on this stupid subject. Go pedal your prejudgement laden cause elsewhere.
Wow. I must have struck a raw nerve. I'll ignore the insults and respond to the obvious.

1.) I believe you when you say that you did not want to go after the homeowner. But, I believe that was financial decision not a legal decision. If the homeowner was a wealthy landowner would your lawyer decide the not to pursue the dog owner? The fact was that there is more money with the insurance company.

2.) If anyone was at fault, it was the neglient but perhaps well meaning dog owner that let his dog loose. Clearly, you suffered injury and should have been compensated. The question is HOW MUCH IS JUST?

3.) Lawyers always get a fat paycheck. That's why they troll for victims to represent and extort cash through the legal system. At least doctors earn their keep in my opinion. They actually do good for mankind.

4.) While I believe you did not intend any harm to the homeowner unfortunately I believe the HOMEOWNER, may have become collateral damage. Certainly, they would have had to hire a lawyer. I don't know if they suffered deep financial hardship as a result. Many innocents have suffered greatly in the tort system.

5.) The homeowner did the right thing. They bandaged you. They comforted you. They called for help. They transported your bleeding self to medical help. They also installed a fence to prevent future occurences.

6.) You were harmed and deserved compensation. Again I ask.. was it worth it? I imagine a big judgement of which you certainly were entitled could have financially destroyed the homeowner. Apparently you are very defensive of this point. Do you care to know the truth? Is justice for your pain and suffering worth the pain and suffering you inflict upon someone else?


7.) These questions will probably tick you off again. No worries. If none of this applies, it matters not. The main thing is you are riding again and healthy. The world turns.
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Old 09-21-09, 11:30 PM   #50
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dang.... i should've not clicked on this thread and looked at the pictures and read the story. Now I am nervous going through an off-leashed park in my commute. Must go fast! Must go fast!
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