How I was hit by a car
07-05-12, 08:30 PM
#27
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Not sure what you consider 'massive' but the minimum amounts required by state law are rather modest:
$15,000 for injury or death of one individual
$30,000 for injury or death of multiple individuals
$5,000 for property damage.
And that's for those who actually are insured - there are still people who manage to evade the requirement.
Glad the OP is recovering, but it's unfortunate that there was effectively no penalty for the driver.
$15,000 for injury or death of one individual
$30,000 for injury or death of multiple individuals
$5,000 for property damage.
And that's for those who actually are insured - there are still people who manage to evade the requirement.
Glad the OP is recovering, but it's unfortunate that there was effectively no penalty for the driver.
07-05-12, 08:35 PM
#29
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Geeze, Louise!!! What about loss of work? And compensation for pain and suffering??? I hope you're fully mended but it sounds like you needed a better lawyer.
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07-05-12, 08:37 PM
#30
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07-05-12, 08:38 PM
#31
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How can the driver not get into any trouble? I think this is a valid case to sue and get her to pay for your bills, even at the cost of garnishing her wages.
07-05-12, 08:52 PM
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If the car driver has no assets and is a deadbeat, you can sue them--you won't get anything though. You end up with a judgment that isn't worth the paper it is written on.
A great lawyer can't make a defendant have assets.
A great lawyer can't make a defendant have assets.
07-05-12, 08:53 PM
#33
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07-05-12, 08:54 PM
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why i love michigan no fault insurance... as long as I have insurance, I am covered... car vs bike = auto insurance. Also covers every cent that personal insurance doesn't cover.
hope all is well
hope all is well
07-05-12, 08:56 PM
#35
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07-05-12, 09:07 PM
#36
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Few things, for everyone.
1. This is no pedestrian walkway, this is dedicated bike path crossing. Also we don't have any laws here to walk your bike even on pedestrian crosswalks.
2. I am still recovering. At the moment I can't even take my foot off pedal once I am locked in...
3. Driver had minimal insurance, and while my property damage got covered, the liability part won't even cover my own out of pocket expenses. So I got screwed. Driver did not get in any kind of trouble. I don't want to get into any details, but I had to settle with whatever insurance offered because driver does not have jack ****.
4. Wear a bike helmet. It literally saved my ass. You should have seen what was left of it...
1. This is no pedestrian walkway, this is dedicated bike path crossing. Also we don't have any laws here to walk your bike even on pedestrian crosswalks.
2. I am still recovering. At the moment I can't even take my foot off pedal once I am locked in...
3. Driver had minimal insurance, and while my property damage got covered, the liability part won't even cover my own out of pocket expenses. So I got screwed. Driver did not get in any kind of trouble. I don't want to get into any details, but I had to settle with whatever insurance offered because driver does not have jack ****.
4. Wear a bike helmet. It literally saved my ass. You should have seen what was left of it...
Second, I hear you on the it's over part, sounds like you probably took it where you could. Ain't no blood in a stone...
Third, damn right wear a bike helmet! Some years back I ran into a parked truck doing about 28 mph (don't even ask...) and flipped off the bike. I did two somersaults in the air and landed on my head and shoulder. My helmet broke in 7 different places and I was out for a few minutes. I ended up walking out of the hospital that day with whatever amount of brains I've got intact. I would have been a vegetable or dead without it, helmets do save lives!
I do hope that irresponsible driver is having his driving privileges revoked and is facing some sort of legal troubles for his negligence. Again, all the best, thanks for sharing.
07-05-12, 10:19 PM
#37
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You can buy insurance in ANY state to cover you if you're struck by an uninsured or underinsured driver. It's called "uninsured motorist protection". If the OP had uninsured motorist protection, on his own automobile, in excess of the 15K he apparently collected from the other party, he could have accessed it.
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Two wheels good. Four wheels bad.
07-05-12, 10:26 PM
#38
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You can buy insurance in ANY state to cover you if you're struck by an uninsured or underinsured driver. It's called "uninsured motorist protection". If the OP had uninsured motorist protection, on his own automobile, in excess of the 15K he apparently collected from the other party, he could have accessed it.
07-05-12, 10:29 PM
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Awful stuff! Heal fast!
07-05-12, 10:34 PM
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07-05-12, 10:39 PM
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Yes, these insurance companies are in business to collect premiums, not pay claims. They do everything they can to cheat you out of the full cost of an accident. I got screwed by an insurance company as well when I was hit (in my car) by another driver in March. Couldn't you have sued the insurance company? I know if you've signed the release it's pretty much a dead issue but one would hope that the guilty party would be responsible for all your expenses caused by the accident.
07-05-12, 10:41 PM
#42
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Speedy recovery OP. I hope you get well soon to enjoy the new bike.
I have a semi-related question that this thread prompted. Is it possible in cases like these, after settling things with the insurance company, to file with small claims court against the driver? Even though there is a maximum you could win, it seems like it may be worth it on the chance that they are actually made to pay, since you don't necessarily have to pay for a lawyer.
I have a semi-related question that this thread prompted. Is it possible in cases like these, after settling things with the insurance company, to file with small claims court against the driver? Even though there is a maximum you could win, it seems like it may be worth it on the chance that they are actually made to pay, since you don't necessarily have to pay for a lawyer.
07-05-12, 10:55 PM
#43
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The big joke in CA is that if you want to kill someone and get away scott free, hit them on a bike, you will not even get slapped on the wrists...
A woman killed a young man down the street from where I lived in the bay area, she ran a red light and didn't stop for over a block. She was seen and reported while she backed up to the intersection. When it came to court she was fined for running a red light and I cant recall what got her off all charges of killing the bicyclist...
Here in CA you take NO chances because bikes are seen as a problem in the streets, can we say Birthplace of America's CAR Culture?? If you don't have a car your a radical and need to be suppressed. Ya I have no love for this state at all anymore.
A woman killed a young man down the street from where I lived in the bay area, she ran a red light and didn't stop for over a block. She was seen and reported while she backed up to the intersection. When it came to court she was fined for running a red light and I cant recall what got her off all charges of killing the bicyclist...
Here in CA you take NO chances because bikes are seen as a problem in the streets, can we say Birthplace of America's CAR Culture?? If you don't have a car your a radical and need to be suppressed. Ya I have no love for this state at all anymore.
07-05-12, 10:57 PM
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Sure the guilty (or at-fault) party is technically responsible for all the expenses, but the problem is collecting when that party has limited assets and is either uninsured or underinsured. The insurance company is not the guilty party - they didn't hit the OP. And their only legal obligation is to pay out claims for which their customer is responsible up to the maximum limits of the policy that they issued.
07-05-12, 11:15 PM
#47
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op glad you're relatively ok.
I ride without a helmet, my mrevious one is no more. I keep meaning to get a helmet and will do next week (no time today) to set a good example for my kids.
Thanks for posting - it really blows about the insurance requirements there.
I ride without a helmet, my mrevious one is no more. I keep meaning to get a helmet and will do next week (no time today) to set a good example for my kids.
Thanks for posting - it really blows about the insurance requirements there.
07-05-12, 11:22 PM
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Unfortunately that didn't even cover all of the expenses not covered by the OP's med. insurance so he's not only left with injuries that will take some time to heal plus pain & suffering and probably some lost wages, but also with direct medical costs. But none of that is the responsibility of the insurance company which already did what they were obligated to do.
07-05-12, 11:26 PM
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There is no case against the insurance company. What is it that you think the insurance company did wrong? They made a contract with their customer to cover claims up to the maximum stated value of the policy (prob. $15,000 for injury to a single individual). And it sounds like they lived up to that promise and paid out the $15K. The OP's lawyer got a share of that and the OP got the rest and passed it along to his doctors and hospital to cover a portion (albeit a small one) of their charges.
Unfortunately that didn't even cover all of the expenses not covered by the OP's med. insurance so he's not only left with injuries that will take some time to heal plus pain & suffering and probably some lost wages, but also with direct medical costs. But none of that is the responsibility of the insurance company which already did what they were obligated to do.
Unfortunately that didn't even cover all of the expenses not covered by the OP's med. insurance so he's not only left with injuries that will take some time to heal plus pain & suffering and probably some lost wages, but also with direct medical costs. But none of that is the responsibility of the insurance company which already did what they were obligated to do.
07-05-12, 11:30 PM
#50
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That being said, I'm glad you're alive and hope for a speedy recovery. All I can hope for is that the insurance rates for that idiot skyrocket.