Wife hit by a car (she's OK). What to do next (practical questions)?
05-01-08, 06:01 AM
#26
pan y agua
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One more point and I'll quit beating a dead horse. Most people with minor injuries that pursue litigation are very disappointed to find out what their actual take is in the end.
So take 2 persons in a minor car accident, examined and released from the ER, with $1,000 in medical bills. They're sore for a few days after the accident.
Person Number 1 goes on with life, doesn't miss work, and sucks up a little soreness for a few days. Negotiates with insurance company directly and gets a settlement of $2,000, pocketing $1,000 after the bill is paid.
Person Number 2 calls "Ask Gary" gets referred to Chiropracter, and a back of phonebook lawyer. Person Number 2 focuses on his soreness, gets $7500 in medical bills for a couple of MRI's, and some chiropractic adjustment, misses 10 days from work. Doesn't ride his bike or engage in other recreational activities that he enjoys, because he's convinced he's got a problem, and it wouldn't be good to be seen on video out riding.
Suit is filed, Person 2 spends 5-10 hours meeting with his lawyer, answering interogatories,preparing for deposition. His entire medical history is laid open. He spends a day getting deposed. He spends another day going to a medical examination requested by the defendant, and he spends another day at a mediation 18 months later.
After all the inconvenience, the case settles for $25,000. First, $2500 in costs that have been incurred during the litigation come off the top (copies, filing fees, mediator's expense, transcripts, medical reports etc.) Lawyer takes $10,000 (the standard Fee approved by the Florida Supreme Court,and not atypical elsewhere.) The lien to repay the medical providers is $8500 (which is difficult to compromise down these days.)
So Person No 2 nets $5,000, $4,000 better than Person No 1, but Person No 2, had to wait 18 months, live with the case that time, focus on his injuries, rather than focus on getting better, lay his personal medical history open, curtail his recreational activities, and go through all the hassel of litigation.
Unfortunately, the people who want to represent Person No 2, and send him for MRI's etc. rarely explain this to Person No 2 before they head down this path.
So take 2 persons in a minor car accident, examined and released from the ER, with $1,000 in medical bills. They're sore for a few days after the accident.
Person Number 1 goes on with life, doesn't miss work, and sucks up a little soreness for a few days. Negotiates with insurance company directly and gets a settlement of $2,000, pocketing $1,000 after the bill is paid.
Person Number 2 calls "Ask Gary" gets referred to Chiropracter, and a back of phonebook lawyer. Person Number 2 focuses on his soreness, gets $7500 in medical bills for a couple of MRI's, and some chiropractic adjustment, misses 10 days from work. Doesn't ride his bike or engage in other recreational activities that he enjoys, because he's convinced he's got a problem, and it wouldn't be good to be seen on video out riding.
Suit is filed, Person 2 spends 5-10 hours meeting with his lawyer, answering interogatories,preparing for deposition. His entire medical history is laid open. He spends a day getting deposed. He spends another day going to a medical examination requested by the defendant, and he spends another day at a mediation 18 months later.
After all the inconvenience, the case settles for $25,000. First, $2500 in costs that have been incurred during the litigation come off the top (copies, filing fees, mediator's expense, transcripts, medical reports etc.) Lawyer takes $10,000 (the standard Fee approved by the Florida Supreme Court,and not atypical elsewhere.) The lien to repay the medical providers is $8500 (which is difficult to compromise down these days.)
So Person No 2 nets $5,000, $4,000 better than Person No 1, but Person No 2, had to wait 18 months, live with the case that time, focus on his injuries, rather than focus on getting better, lay his personal medical history open, curtail his recreational activities, and go through all the hassel of litigation.
Unfortunately, the people who want to represent Person No 2, and send him for MRI's etc. rarely explain this to Person No 2 before they head down this path.
05-01-08, 06:09 AM
#27
pan y agua
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).3) Health of the bike. Some mentioned that there could be unseen damage, and even if the front wheel is fixed/replaced, it may not be safe to ride, or have issues that will appear later on. This is definitely something that worries me. Would it be worth it for me to take the bike to the LBS to have them look at it? Or should I just put my foot down and say "the bike is totaled" without any "professional" backing? If it was taken into the LBS, do I need to specify what they should look for? Or is this something that is "commonly" seen by bike shops?
05-01-08, 06:22 AM
#28
grilled cheesus
It varies--considerably--by state.
What I'd do, given that she's home and just banged up a bit:
Not sign anything.
Make a follow up appointment with her doctor. A thorough secondary evaluation.
Haver the LBS do the same with the bike. Every part damaged should be quoted for full retail cost of replacement. It's not your job to bargain hunt for an insurance company.
Contact the police and get a copy of the report and the case number.
Contact their insurance agent and inquire about filing a claim. Last time I was hit I simply filed a claim against the driver's insurance. Be sure to mention ALL losses, including time and loss of use for anything. They will never volunteer to cover something. That part is your responsibility.
Consider legal advice.
What I'd do, given that she's home and just banged up a bit:
Not sign anything.
Make a follow up appointment with her doctor. A thorough secondary evaluation.
Haver the LBS do the same with the bike. Every part damaged should be quoted for full retail cost of replacement. It's not your job to bargain hunt for an insurance company.
Contact the police and get a copy of the report and the case number.
Contact their insurance agent and inquire about filing a claim. Last time I was hit I simply filed a claim against the driver's insurance. Be sure to mention ALL losses, including time and loss of use for anything. They will never volunteer to cover something. That part is your responsibility.
Consider legal advice.
later.
__________________
05-01-08, 06:23 AM
#29
grilled cheesus
One more point and I'll quit beating a dead horse. Most people with minor injuries that pursue litigation are very disappointed to find out what their actual take is in the end.
So take 2 persons in a minor car accident, examined and released from the ER, with $1,000 in medical bills. They're sore for a few days after the accident.
Person Number 1 goes on with life, doesn't miss work, and sucks up a little soreness for a few days. Negotiates with insurance company directly and gets a settlement of $2,000, pocketing $1,000 after the bill is paid.
Person Number 2 calls "Ask Gary" gets referred to Chiropracter, and a back of phonebook lawyer. Person Number 2 focuses on his soreness, gets $7500 in medical bills for a couple of MRI's, and some chiropractic adjustment, misses 10 days from work. Doesn't ride his bike or engage in other recreational activities that he enjoys, because he's convinced he's got a problem, and it wouldn't be good to be seen on video out riding.
Suit is filed, Person 2 spends 5-10 hours meeting with his lawyer, answering interogatories,preparing for deposition. His entire medical history is laid open. He spends a day getting deposed. He spends another day going to a medical examination requested by the defendant, and he spends another day at a mediation 18 months later.
After all the inconvenience, the case settles for $25,000. First, $2500 in costs that have been incurred during the litigation come off the top (copies, filing fees, mediator's expense, transcripts, medical reports etc.) Lawyer takes $10,000 (the standard Fee approved by the Florida Supreme Court,and not atypical elsewhere.) The lien to repay the medical providers is $8500 (which is difficult to compromise down these days.)
So Person No 2 nets $5,000, $4,000 better than Person No 1, but Person No 2, had to wait 18 months, live with the case that time, focus on his injuries, rather than focus on getting better, lay his personal medical history open, curtail his recreational activities, and go through all the hassel of litigation.
Unfortunately, the people who want to represent Person No 2, and send him for MRI's etc. rarely explain this to Person No 2 before they head down this path.
So take 2 persons in a minor car accident, examined and released from the ER, with $1,000 in medical bills. They're sore for a few days after the accident.
Person Number 1 goes on with life, doesn't miss work, and sucks up a little soreness for a few days. Negotiates with insurance company directly and gets a settlement of $2,000, pocketing $1,000 after the bill is paid.
Person Number 2 calls "Ask Gary" gets referred to Chiropracter, and a back of phonebook lawyer. Person Number 2 focuses on his soreness, gets $7500 in medical bills for a couple of MRI's, and some chiropractic adjustment, misses 10 days from work. Doesn't ride his bike or engage in other recreational activities that he enjoys, because he's convinced he's got a problem, and it wouldn't be good to be seen on video out riding.
Suit is filed, Person 2 spends 5-10 hours meeting with his lawyer, answering interogatories,preparing for deposition. His entire medical history is laid open. He spends a day getting deposed. He spends another day going to a medical examination requested by the defendant, and he spends another day at a mediation 18 months later.
After all the inconvenience, the case settles for $25,000. First, $2500 in costs that have been incurred during the litigation come off the top (copies, filing fees, mediator's expense, transcripts, medical reports etc.) Lawyer takes $10,000 (the standard Fee approved by the Florida Supreme Court,and not atypical elsewhere.) The lien to repay the medical providers is $8500 (which is difficult to compromise down these days.)
So Person No 2 nets $5,000, $4,000 better than Person No 1, but Person No 2, had to wait 18 months, live with the case that time, focus on his injuries, rather than focus on getting better, lay his personal medical history open, curtail his recreational activities, and go through all the hassel of litigation.
Unfortunately, the people who want to represent Person No 2, and send him for MRI's etc. rarely explain this to Person No 2 before they head down this path.
later.
__________________
05-01-08, 07:06 AM
#30
Solo Rider, always DFL
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I think your health insurance company will go after their insurance separately to recoup any costs they've incurred. You may be able to collect your copays/deductible back from the auto insurance, but I don't think it's your issue to get all your medical costs covered by them.
If they make a settlement offer out of hand that you feel you can live with... take it.
Can't hurt to consult with an attorney, but be advised that from what I understand at least for New York State, a broken bone (any break, any bone) makes a big difference in the amount of an award. Since nothing is broken (except for bike parts) your eventual settlement is not going to be huge no matter what you do. If you can get the cash, take the settlement and be done with it for an amount you feel reasonably satisfied with, you may be ahead of the game.
If they make a settlement offer out of hand that you feel you can live with... take it.
Can't hurt to consult with an attorney, but be advised that from what I understand at least for New York State, a broken bone (any break, any bone) makes a big difference in the amount of an award. Since nothing is broken (except for bike parts) your eventual settlement is not going to be huge no matter what you do. If you can get the cash, take the settlement and be done with it for an amount you feel reasonably satisfied with, you may be ahead of the game.
05-01-08, 07:40 AM
#32
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Go kiss your wife and tell her you love her, again.
I hate to agree with a lawyer, but as someone who is going through this right now, Merlin is 100% CORRECT.
Quick example, my wife and I had to make arrangements to take off yesterday afternoon and today for depositions. I find out yesterday at 11:30am there was a conflict in someone's calendar and I do not have to leave work early and will be in the office today. Kind of hard to schedule work related stuff when you do not know if you will be in the office that afternoon or the next morning. Also, the deposition has been rescheduled for "sometime in July, unless it adjourned again".
I also had to get a really crappy bike since I do not have money to replace the one that got destroyed. I will not get money until the case is resolved. My lawyer warned me up front that I wouldn't see money for 2 years if we settle and 4 years if we go to trial.
Like others have said, wait a few days to make sure she is ok, get a thorough medical examination to make sure there are no lingering injuries, then offer to settle with the insurance company. You would be surprised what they would be willing to pay to keep this matter small and out of the system, A new Madone may be in her future after all.
Lastly, as someone said earlier, get her back on the bike ASAP. I would have gotten back on the bike the day after my accident had I been able to. Now, almost a year later, even though it's not rational, I find any excuse not to ride and figuratively piss myself any time a car passes me. On a 15 mile commute that is pretty often. The running joke with my friends is that I should swap my chamois for Depends!!!
One more thing, go kiss your wife and tell her you love her, again.
I hate to agree with a lawyer, but as someone who is going through this right now, Merlin is 100% CORRECT.
Quick example, my wife and I had to make arrangements to take off yesterday afternoon and today for depositions. I find out yesterday at 11:30am there was a conflict in someone's calendar and I do not have to leave work early and will be in the office today. Kind of hard to schedule work related stuff when you do not know if you will be in the office that afternoon or the next morning. Also, the deposition has been rescheduled for "sometime in July, unless it adjourned again".
I also had to get a really crappy bike since I do not have money to replace the one that got destroyed. I will not get money until the case is resolved. My lawyer warned me up front that I wouldn't see money for 2 years if we settle and 4 years if we go to trial.
Like others have said, wait a few days to make sure she is ok, get a thorough medical examination to make sure there are no lingering injuries, then offer to settle with the insurance company. You would be surprised what they would be willing to pay to keep this matter small and out of the system, A new Madone may be in her future after all.
Lastly, as someone said earlier, get her back on the bike ASAP. I would have gotten back on the bike the day after my accident had I been able to. Now, almost a year later, even though it's not rational, I find any excuse not to ride and figuratively piss myself any time a car passes me. On a 15 mile commute that is pretty often. The running joke with my friends is that I should swap my chamois for Depends!!!
One more thing, go kiss your wife and tell her you love her, again.
05-01-08, 08:41 AM
#33
Senior Member
Several posters suggested going through your own insurance company since "they will fight for you." OP asked "what insurance company" but I never saw a clear answer. Am I correct in assuming your auto insurance company would have no interest? If they do have a responsibility that is something we should all be aware of. Similarly with health insurance - they would want to know that this was an accident and someone else may be responsible for the medical costs. But they would not care a hoot about the bike, time off work, pain and suffering, etc -- would they?
It strikes me that the driver's insurance company is the only party on the hook for everything - so it would make sense to work things out through them yourself or get a lawyer. If there is a better method, it would be valuable to know about.
It strikes me that the driver's insurance company is the only party on the hook for everything - so it would make sense to work things out through them yourself or get a lawyer. If there is a better method, it would be valuable to know about.
05-01-08, 08:46 AM
#34
pan y agua
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If she has automobile insurance she may have some coverage under her own policy.(personal injury protection, and med pay). That's going to depend on the policy and the state.
and the bike is possibly covered by her homeowner's (again depending on the policy language.)
So you definitely want to notify your own insurance carrier.
But as for getting anything for your pain and suffering that would come from the other driver's insurance carrier, and I would pursue them directly.
and the bike is possibly covered by her homeowner's (again depending on the policy language.)
So you definitely want to notify your own insurance carrier.
But as for getting anything for your pain and suffering that would come from the other driver's insurance carrier, and I would pursue them directly.
05-01-08, 09:14 AM
#35
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Unless she has ongoing significant problems, and/or the insurance company is unreasonable, you neither want, nor need a lawyer.
One, the lawyer will charge from 30 to 40% of the settlement.
Two, it's in the lawyer's interest to make this as big a deal as possible, which is not necessarily in your best interest.
There's a big personal cost to pursuing litigation, not the least of which is that you focus on your injuries, rather than focus on getting better, not to mention the aggravation, and invasion of privacy. If you can resolve things quickly there's a benefit to that.
Lawyer's have their place, and if your wife's injuries turn out to be signficant, you should consult a lawyer.
But if we're talking an ER visit, a broken bike, some soreness, and a follow up doctor's visit, its in your overall best interest to try to reach a reasonble resolution with the insurance company and move on.
Also, the most leverage you'll ever have with the insurance company is before you retain counsel. "Gee I'd really like to be reasonable here and resolve this but unless we you can give us X, I think I need to get my own attorney" On a relatively small claim,that's the last thing they want,and they'll pay a small premium to get settled before you get attorney rep'd and make it a federal case.
One, the lawyer will charge from 30 to 40% of the settlement.
Two, it's in the lawyer's interest to make this as big a deal as possible, which is not necessarily in your best interest.
There's a big personal cost to pursuing litigation, not the least of which is that you focus on your injuries, rather than focus on getting better, not to mention the aggravation, and invasion of privacy. If you can resolve things quickly there's a benefit to that.
Lawyer's have their place, and if your wife's injuries turn out to be signficant, you should consult a lawyer.
But if we're talking an ER visit, a broken bike, some soreness, and a follow up doctor's visit, its in your overall best interest to try to reach a reasonble resolution with the insurance company and move on.
Also, the most leverage you'll ever have with the insurance company is before you retain counsel. "Gee I'd really like to be reasonable here and resolve this but unless we you can give us X, I think I need to get my own attorney" On a relatively small claim,that's the last thing they want,and they'll pay a small premium to get settled before you get attorney rep'd and make it a federal case.
I completely agree. I got hit by a 90 year old in a pickup in VT a few years back. I was driving a 16 month old Nissan X-Terra. The senile old coot's insurance company said my X-Terra was not totaled and could be fixed with $20k worth of work. I was dealing with his insurance company's claims agent directly without a lawyer. I disagreed and said I had no interest in getting it fixed and driving it again. Then they said they would give me $25k for the book value of a 16 month old X-Terra. I said to the guy: "Listen, My truck cost me $28k. Your guy hit me and now I need another truck. My back still hurts (not really)but I don't want to have to call a lawyer. I just want my $28k to go buy a new truck and be done with this."
Guess what I received in the mail two weeks later?
05-01-08, 09:16 AM
#36
HenryL
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A cycling buddy went through this last year. DON'T talk to the other driver at all. File a claim with his (or her) insurance and present your bills. If you are only looking to be made whole (replace bike, bills covered) then this will hopefully move forward without too much delay. If the driver claims your wife is at fault, expect the run around. My friend only had to suggest an attorney was involved and the company replaced is TI bike and covered his expenses. The biggest thing with the insurance company was to avoid the possibility of future claims ie. my back hurts and its bacause of that accident that happened last year. Don't sign off on any agreement like that until you are sure as possible that all is well.
05-01-08, 10:13 AM
#37
Moronic Cubicle Monkey
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Lots of good advice, some weak advice and lots of unclear advice, I have been in insurance for 15 years and was an insurance investigator for 10 years. Here is my 2 cents:
Notify the at-fault party you are making a claim, and your wife has sought medical treatment, but you do not have the full damages yet.
Inquire with your personal auto and home insurance to determine if you have coverage for this incident. Most likely you do under one of them and you can use them to assist you in the claim. If the at-fault carrier is unresponsive then you can file the claim with your carrier to cover your losses (no P&S) and they will subrogate (pursue for repayment) with the at-fault carrier.
Order the police report. Obtain any witness statements. Order police photos.
Photograph your wife now to demonstrate the extent of her bruising.
Seek medical attention as necessary to reach maximum medical improvement. Wait at least 2 weeks to determine if she does not have any residual complaints.
Get an official repair estimate from your LBS.
Total all damages from the incident: medical, bike, lost time, co-pays, medication. Place a dollar value on her pain and suffering. One half of medical bills is a good starting point.
Submit final damages to at-fault carrier. If you are not satisfied with their response and your own insurance cannot help you, only then get a lawyer. A lawyer will take 1/3 of total settlement after expenses.
Notify the at-fault party you are making a claim, and your wife has sought medical treatment, but you do not have the full damages yet.
Inquire with your personal auto and home insurance to determine if you have coverage for this incident. Most likely you do under one of them and you can use them to assist you in the claim. If the at-fault carrier is unresponsive then you can file the claim with your carrier to cover your losses (no P&S) and they will subrogate (pursue for repayment) with the at-fault carrier.
Order the police report. Obtain any witness statements. Order police photos.
Photograph your wife now to demonstrate the extent of her bruising.
Seek medical attention as necessary to reach maximum medical improvement. Wait at least 2 weeks to determine if she does not have any residual complaints.
Get an official repair estimate from your LBS.
Total all damages from the incident: medical, bike, lost time, co-pays, medication. Place a dollar value on her pain and suffering. One half of medical bills is a good starting point.
Submit final damages to at-fault carrier. If you are not satisfied with their response and your own insurance cannot help you, only then get a lawyer. A lawyer will take 1/3 of total settlement after expenses.
05-01-08, 10:24 AM
#39
Should be riding
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Unless she has ongoing significant problems, and/or the insurance company is unreasonable, you neither want, nor need a lawyer.
One, the lawyer will charge from 30 to 40% of the settlement.
Two, it's in the lawyer's interest to make this as big a deal as possible, which is not necessarily in your best interest.
There's a big personal cost to pursuing litigation, not the least of which is that you focus on your injuries, rather than focus on getting better, not to mention the aggravation, and invasion of privacy. If you can resolve things quickly there's a benefit to that.
Lawyer's have their place, and if your wife's injuries turn out to be signficant, you should consult a lawyer.
But if we're talking an ER visit, a broken bike, some soreness, and a follow up doctor's visit, its in your overall best interest to try to reach a reasonble resolution with the insurance company and move on.
Also, the most leverage you'll ever have with the insurance company is before you retain counsel. "Gee I'd really like to be reasonable here and resolve this but unless we you can give us X, I think I need to get my own attorney" On a relatively small claim,that's the last thing they want,and they'll pay a small premium to get settled before you get attorney rep'd and make it a federal case.
One, the lawyer will charge from 30 to 40% of the settlement.
Two, it's in the lawyer's interest to make this as big a deal as possible, which is not necessarily in your best interest.
There's a big personal cost to pursuing litigation, not the least of which is that you focus on your injuries, rather than focus on getting better, not to mention the aggravation, and invasion of privacy. If you can resolve things quickly there's a benefit to that.
Lawyer's have their place, and if your wife's injuries turn out to be signficant, you should consult a lawyer.
But if we're talking an ER visit, a broken bike, some soreness, and a follow up doctor's visit, its in your overall best interest to try to reach a reasonble resolution with the insurance company and move on.
Also, the most leverage you'll ever have with the insurance company is before you retain counsel. "Gee I'd really like to be reasonable here and resolve this but unless we you can give us X, I think I need to get my own attorney" On a relatively small claim,that's the last thing they want,and they'll pay a small premium to get settled before you get attorney rep'd and make it a federal case.
Although I do have to say, it doesn't sound like jurisdictional bounds are at issue, so probably no federal case...
05-01-08, 10:43 AM
#40
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First, sorry to hear about your wife and glad that she's relatively OK.
Since bikes are treated the same as any other vehicle on the road, you should pursue the other driver's car insurance company. They should cover your medical expenses. Hang onto that police report- it's going to come in handy.
Best of luck and I wish your wife a speedy recovery.
Since bikes are treated the same as any other vehicle on the road, you should pursue the other driver's car insurance company. They should cover your medical expenses. Hang onto that police report- it's going to come in handy.
Best of luck and I wish your wife a speedy recovery.
05-01-08, 02:05 PM
#41
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Good advice. I am happy to hear that your wife is okay. Last year, May 4, my wife did get hit by a car which broke her left arm and right wrist. Luckily, she also was wearing her helmet otherwise I fear the worst. Let the lawyer handle getting the insurance sorted, which their auto insurance should cover, because you are going to a busy dude bein THE MAN. Make her comfortable, get her sorted with a new bike and helmet and be prepared to ride with her until she is comfortable on the road again. You will have enough on your mind...
Good luck
Good luck
05-01-08, 02:37 PM
#42
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Once again, my wife and I really appreciate all of the well wishes and info.
The most important part first- as I suspected, my wife is quite sore today, and probably will be for a while. She is seeing the doctor tomorrow for a full followup visit, to make sure that there is nothing more serious. Our physician is great, is an athlete (more of a runner than cyclist), and we really value his opinion, so it'll be good to hear what he has to say about her recovery, and when to consider herself "better."
I spent almost all day on the phone with the insurance companies. If you want to get real hot under the collar, learn what "no-fault" auto insurance laws mean to a person who was hit on their bike. It basically makes everything 10x more complicated, and there doesn't seem to be any way the victim benefits from such a scheme (at least from what I can gather).
We are carefully weighing our options, but so far, the insurance companies seem reasonable. If this sudden outbreak of reasonability changes, we'll seriously consider consulting a lawyer (well before anything is signed/set in stone/etc..). But we are hoping that things continue to move along as they are.
Thanks again for all the info, and we're still very interested if anyone has any other hints/tips. Y'all are great!
The most important part first- as I suspected, my wife is quite sore today, and probably will be for a while. She is seeing the doctor tomorrow for a full followup visit, to make sure that there is nothing more serious. Our physician is great, is an athlete (more of a runner than cyclist), and we really value his opinion, so it'll be good to hear what he has to say about her recovery, and when to consider herself "better."
I spent almost all day on the phone with the insurance companies. If you want to get real hot under the collar, learn what "no-fault" auto insurance laws mean to a person who was hit on their bike. It basically makes everything 10x more complicated, and there doesn't seem to be any way the victim benefits from such a scheme (at least from what I can gather).
We are carefully weighing our options, but so far, the insurance companies seem reasonable. If this sudden outbreak of reasonability changes, we'll seriously consider consulting a lawyer (well before anything is signed/set in stone/etc..). But we are hoping that things continue to move along as they are.
Thanks again for all the info, and we're still very interested if anyone has any other hints/tips. Y'all are great!
05-01-08, 02:54 PM
#43
partly metal, partly real
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05-01-08, 04:12 PM
#44
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Unless she has ongoing significant problems, and/or the insurance company is unreasonable, you neither want, nor need a lawyer.
One, the lawyer will charge from 30 to 40% of the settlement.
Two, it's in the lawyer's interest to make this as big a deal as possible, which is not necessarily in your best interest.
There's a big personal cost to pursuing litigation, not the least of which is that you focus on your injuries, rather than focus on getting better, not to mention the aggravation, and invasion of privacy. If you can resolve things quickly there's a benefit to that.
Lawyer's have their place, and if your wife's injuries turn out to be signficant, you should consult a lawyer.
But if we're talking an ER visit, a broken bike, some soreness, and a follow up doctor's visit, its in your overall best interest to try to reach a reasonble resolution with the insurance company and move on.
Also, the most leverage you'll ever have with the insurance company is before you retain counsel. "Gee I'd really like to be reasonable here and resolve this but unless we you can give us X, I think I need to get my own attorney" On a relatively small claim,that's the last thing they want,and they'll pay a small premium to get settled before you get attorney rep'd and make it a federal case.
One, the lawyer will charge from 30 to 40% of the settlement.
Two, it's in the lawyer's interest to make this as big a deal as possible, which is not necessarily in your best interest.
There's a big personal cost to pursuing litigation, not the least of which is that you focus on your injuries, rather than focus on getting better, not to mention the aggravation, and invasion of privacy. If you can resolve things quickly there's a benefit to that.
Lawyer's have their place, and if your wife's injuries turn out to be signficant, you should consult a lawyer.
But if we're talking an ER visit, a broken bike, some soreness, and a follow up doctor's visit, its in your overall best interest to try to reach a reasonble resolution with the insurance company and move on.
Also, the most leverage you'll ever have with the insurance company is before you retain counsel. "Gee I'd really like to be reasonable here and resolve this but unless we you can give us X, I think I need to get my own attorney" On a relatively small claim,that's the last thing they want,and they'll pay a small premium to get settled before you get attorney rep'd and make it a federal case.
05-01-08, 05:35 PM
#45
Software for Cyclists
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Take pictures of your wife's injuries, and more pictures as they heal over time.
Take pictures of the bike, and try to get an appraisal of damage from a bike shop.
Get a copy of the "preliminary" police report, then submit your own version of the accident so that your version becomes part of the official record.
Don't sign anything...
Be prepared to be offered a shockingly large amount for "pain and suffering and contingencies". I had a similar accident a little over a year ago, and ended up getting compensated fully for my bike (which was totaled), my lost time at work, all of my medical expenses, plus a low 5 figure check for pain and suffering.
If the driver's insurance isn't falling all over themselves to "make you whole", consider getting a lawyer. In my case, I dealt only with my own insurance company (because the POS driver who hit me didn't have insurance). Having a lawyer can help, but it may be nothing gained net because of the lawyer's fees.
Take pictures of the bike, and try to get an appraisal of damage from a bike shop.
Get a copy of the "preliminary" police report, then submit your own version of the accident so that your version becomes part of the official record.
Don't sign anything...
Be prepared to be offered a shockingly large amount for "pain and suffering and contingencies". I had a similar accident a little over a year ago, and ended up getting compensated fully for my bike (which was totaled), my lost time at work, all of my medical expenses, plus a low 5 figure check for pain and suffering.
If the driver's insurance isn't falling all over themselves to "make you whole", consider getting a lawyer. In my case, I dealt only with my own insurance company (because the POS driver who hit me didn't have insurance). Having a lawyer can help, but it may be nothing gained net because of the lawyer's fees.
05-01-08, 06:17 PM
#46
Home, home again
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glad she's okay...and I hope everything else works out.
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05-01-08, 06:48 PM
#47
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I'm glad she's relatively OK too.
There are a dozen things you won't think about that a lawyer will.
There will be bills you had no idea were coming, that will come.
There will be legal deadlines you didn't know existed, that will expire.
And the insurance adjuster is not your friend.
I was hit by a minivan 25 years ago; broke my shoulder and bike, and hired a lawyer. Letters were written, documents were filed, a settlement was reached - it was fair and not overly litigious at all. I am really glad I didn't try to do it myself. Maybe now I might try with my experience and the legal resources that are available... maybe not.
There are a dozen things you won't think about that a lawyer will.
There will be bills you had no idea were coming, that will come.
There will be legal deadlines you didn't know existed, that will expire.
And the insurance adjuster is not your friend.
I was hit by a minivan 25 years ago; broke my shoulder and bike, and hired a lawyer. Letters were written, documents were filed, a settlement was reached - it was fair and not overly litigious at all. I am really glad I didn't try to do it myself. Maybe now I might try with my experience and the legal resources that are available... maybe not.
05-01-08, 08:02 PM
#49
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I am glad to hear your wife is o.k. You always hear about these types of accidents, but it doesn't hit home until its someone close to you.
My riding partner had this to his wife a couple months ago & here is my 2 cents. Each case is going to be different and you need to trust your instincts and make sure you feel that you are being treated fairly. You will require a local LBS to assess the damages & quote the repair cost or replacement cost. Also make sure to include any extras such as helmet, clothes (in her case were cut off), extra accessories on the bike etc. Where they ran into challenges was the insurance company of the car believing a bicycle cost $5000; biking shorts - $120 & a jersey $105. They still were trying to nickel & dime, depreciation (her cycle was 2 months old) etc. They called the local bike shop & got an attorney who specialized in bicycle accidents & after 1 consultation, 2 phone calls, 1 fax on letter head; they were fully reimbursed for everything they hoped for.
What's funny, is she really wanted to ride immediately (mainly cause she doesn't remember much about the accident) & he struggled with it. It took him almost a week, just to ride through the neighborhood. And 3 of the people riding with them, wives refused to let them back on the road, just mountain bikes.
I really hope everything turns out great for both of you.
My riding partner had this to his wife a couple months ago & here is my 2 cents. Each case is going to be different and you need to trust your instincts and make sure you feel that you are being treated fairly. You will require a local LBS to assess the damages & quote the repair cost or replacement cost. Also make sure to include any extras such as helmet, clothes (in her case were cut off), extra accessories on the bike etc. Where they ran into challenges was the insurance company of the car believing a bicycle cost $5000; biking shorts - $120 & a jersey $105. They still were trying to nickel & dime, depreciation (her cycle was 2 months old) etc. They called the local bike shop & got an attorney who specialized in bicycle accidents & after 1 consultation, 2 phone calls, 1 fax on letter head; they were fully reimbursed for everything they hoped for.
What's funny, is she really wanted to ride immediately (mainly cause she doesn't remember much about the accident) & he struggled with it. It took him almost a week, just to ride through the neighborhood. And 3 of the people riding with them, wives refused to let them back on the road, just mountain bikes.
I really hope everything turns out great for both of you.
05-01-08, 08:23 PM
#50
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Ride of Silence is on May 21, starting at 7:00 p.m. local time in all participating cities. www.rideofsilence.org It is a memorial ride for all bicyclists who have been killed or injured by motor vehicles.