well, got hit by a car yesterday
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I hope first of all that a police officer came and wrote an accident report stating the driver was at fault. If so, obtain a copy of that report. The driver's insurance company may (read: will) try to fight any claim you make against her unless you have proof that she's at fault.
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Talk the the insurance company. I've found they are usually fair. At any point you don't think you are being treated fairly you can get an attorney. Just remember, a attorney will charge you a percentage of your claim.
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I was hit last may, FINALLY settled in late december. The property damage/loss took a couple weeks, the rest was all medical. And, they settlement WILL cover your fees, and then some. I ended up with a total of, well, a bit over 10k all said and done, about half was from pain and suffering. All the medical was reimbursed, and I got a new bike, despite mine being a couple years old.
So, get police report, get medical documentation, call their insurance (yours won't help you unless they cover you on your bike, which I doubt), and fax them anything they say they need. If the bike is toast, take it to a bike shop and get a replacement estimate and fax that over as well. Good luck... I've been there.
So, get police report, get medical documentation, call their insurance (yours won't help you unless they cover you on your bike, which I doubt), and fax them anything they say they need. If the bike is toast, take it to a bike shop and get a replacement estimate and fax that over as well. Good luck... I've been there.
#7
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I'm glad the accident wasn't worse, and I hope you have a speedy recovery!
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Welcome to the club. Did you get any Adamantium? Call insurance, let them do most of the work for you. It's their job. Get better soon!
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Ow.
The settlement should cover everything on your bike that's damaged, all your costs from the hospital, whatever time you have to take off work, and some extra for pain and suffering. The ins co will make a lowball offer early on in the hope that you will accept it and release their further liability. If you can, hold out for a year or so in case you have any injuries that take a while to show up (i.e. back problems). The ins payout should cover the full cost of your medical bills, not your out of pocket expenses.
I have yet to have to deal with this, but if it was at all serious I'd at least talk to a lawyer who specializes in bicycle cases.
The settlement should cover everything on your bike that's damaged, all your costs from the hospital, whatever time you have to take off work, and some extra for pain and suffering. The ins co will make a lowball offer early on in the hope that you will accept it and release their further liability. If you can, hold out for a year or so in case you have any injuries that take a while to show up (i.e. back problems). The ins payout should cover the full cost of your medical bills, not your out of pocket expenses.
I have yet to have to deal with this, but if it was at all serious I'd at least talk to a lawyer who specializes in bicycle cases.
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If she stopped and admitted 100% fault to a police officer, stop posting and call your lawyer.
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One of the worst things you can do when considering a legal claim is to discuss it in a public forum be it live or over the internet. Don't post about it, blog about it, update your Facebook with details, etc. Document everything, write everything down immediately including everything that happened, everything you said to her, the police, etc. Document every damage and including having the physician note the cause of the injury in your files. Get a copy of the police report. Don't sign a damn thing from her insurance or her lawyer until your lawyer advises you to do so.
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That's a bad area. My daytime ride to work is on Central, but I ride home on Evelyn. It's always after 9pm but there's still traffic on Murphy Street and I fear they are not looking carefully. Sorry to hear about the knee. Talk to your insurance company; get a copy of the police report so that you can see what it says. At some point, it might be having a consult with a lawyer for advice if you feel like you are getting the run around.
Good luck.
Good luck.
#15
Roadie
Make sure they pay replacement value for your damaged bike parts, NOT a depreciated amount.
Talk to the insurance company before talking to a lawyer. They're not out to screw you. There's no sense in giving part of what you're owed to a lawyer if not needed.
Talk to the insurance company before talking to a lawyer. They're not out to screw you. There's no sense in giving part of what you're owed to a lawyer if not needed.
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I was hit by a car on Jan 7th had the property settlement by the 27th. I had the bike shop quote me and the ins company msrp for new 2012 replacement. Bike was a 2010 argon 18 gallium pro. Replacement cost of the frame, front wheel and saddle was $4,700 + tax.
In my case my physical injuries were pretty minor and I was more concerned about getting the bike replaced.
Edit: keep any gamin data you my have. Peoples recollection seem to change in the days following the accident
In my case my physical injuries were pretty minor and I was more concerned about getting the bike replaced.
Edit: keep any gamin data you my have. Peoples recollection seem to change in the days following the accident
Last edited by gadabout007; 02-04-12 at 11:10 AM.
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I would lawyer up - there are lots of little factors to think about as you and your ride get back to pre-hit status. You should expect everything to be back to as it was and not cost you anything since it was her fault.
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