timmyc123

Basically thats it- to make a long story short. She was arrested for assult. The worse part-The woman doesn't have insurance, and I have crazy medical bills from staying in the hospital a week and getting surgery. I can get money from the state board for innocent victims of auto accidents but it only allows $15,000 max. with a chunk of that going to legal fees. So I was wondering 2 things:

A) Does anyone know a fund or non profit that donates money to injuried cyclists (PA and/or Philly)? I know of the EMF (messengers fund) but I wasn't one at the time so I am not eligable.

B)I'm looking for help organizing a benefit bike race through Philadelphia to help cover some of the out of pocket expenses (perscriptions, bills, rent etc) Since I had to leave my job due to the injury. Any help would be great. I mostly need help setting a route, and promotion. I can get sponsers and prizes etc.

get in touch:
timmyc123@gmail.com

evanyc

she got charged with assault? does that mean it was intentional?

sue her. she might not have insurance, but you deserve to be compensated and if you sue her her assets can be seized and wages can be docked to pay you. if she doesn't have insurance though chances are she's not exactly well off and doing this might really screw up her life, but your life got pretty screwed, and if it was intentional then **** her.

genericbikedude

just don't pay. call the hospital billing department, negotiate agressively, and there is a good chance (not guaranteed) that they will write a big portion (but not all) of the bill off as bad debt. I've heard that this is done routinely, as they serve a lot of uninsured people. THis allows them to get something when they would otherwise get nothing. doublecheck though. this is just what I've heard.

evanyc

my friend steve got in a bike wreck a while back and is getting sued by some hospital in philly for like $30,000 even though he had insurance that was supposed to pay!

timmhaan

i would also consider suing the driver. however, even if judgement goes in your favor you may never really get much from her. my brother was hit by a drunk driver some years back and the dip**** who hit him was ordered to pay like $25.00 a month for 17 years. he had no assets so it was like getting blood from a stone.

jyossarian

Sue her and negotiate w/ the hospital if you can. Also, you might want to consider re-posting your email address in such away that it doesn't get picked up by PITA programs that search for email addresses on the internet. Something like timmyc123 at gmail dot com.

carleton

Let's not draw and quarter her yet. If she doesn't have insurance, then she may be poor, or close to it. Seizing assets and docking wages may look like a great option on paper, but it may get her and her kids kicked out of an apartment or something.

Yes, it likely will screw up her life...for years...over an accident. Accidents happen.

I'm not saying forgive and forget. But, docking wages and seizing assets shouldn't be the first option.

To the OP: Rmember that lawers get paid by the hour...not by the solution. Many lawers like the solution that takes the most time because they will get paid regardless.

hyperRevue

True, but of the two people involved in the "accident," who should suffer from the financial burden?

TexasGuy

You don't get charged with Assault over an accident.
Assault is a charge that is applied to something that could have led to murder had it been carried further out. It is a crime and you should serve time. I suggest elephant crushing or lethal injection.

carleton

If judgement says that the driver is at fault, then the driver is at fault and should suffer the fincial burden.

But, maybe ask her, "How would you like to handle this?" and get her involved in the solution instead of approaching her with, "I'm docking your wages without your concent."

If you involve her in the solution, then you will have a more cooperative person to work with. If you go for her throat, then she will be defensive and may "drop off the map" and you will be left with nothing but a piece of paper with "Judment in Favor of the Plantiff" on it.

hyperRevue

Yeah, true.

carleton

I forgot to add:

There is a difference between being Charged and Convicted.

Has there been a trial? Has she been convicted?

If there is no judgement against her, then all of this is just talk. In a trial, a judge could acquit her.

Right now, your immediate issue is between you and the hospital and surgeon. Talk to the hospital and see if they can work out something where they knock something off of the bill or even write the whole thing off.

matt_savvy

lawyers? courts? you've got it all wrong. if you want justice, you must go to don corleone.

fix

or juvi.

cabbagerwsb

If you have a car and you are covered by automible insurance as a driver, you can sue your own insurance company (its called under-insurance) to cover remaining costs after you sue her company. I'm doing this now after I was hit by a cab and shattered my knee. PM me if you want details.

Santaria

I find it sad that people are worried about her financial situation.

Let's review the facts: She was driving illegally, sans insurance. She struck you, causing you significant surgery and apparently has caused you substantial financial hardship.

I say, personally, do what needs to be done to rectify your situation. If a man kills another, nobody feels that putting the murderer in prison hurts them financially. I know the correlation is a stretch, but let's not destroy my strawman just yet.

She made the mistakes, not you.
She committed a crime, not you.
Don't let her get off just because she 'might' be financially challenged. She also might just like shirking responsibility and keeping the extra money in her pocket for other things. I've met a lot of people without insurance just because 'they'll never need it, so why bother.'

Bottom line, take care of yourself. Let the person who screwed up in the first place be responsible for herself.

kyselad

This is all a little premature until we hear back about whether this was intentional. If so, I can't imagine why you wouldn't sue. I can't stand how sue-happy this country is over minor sh*t, but that's the real deal.

In any event, I'd have to advise against the friendly, off-the-books approach. You might reach an agreeable solution, and everyone may seem (and even be) genuinely satisfied with it. But what happens when she suddenly decides she can't/won't abide by the agreement? If the statute of limitations expired, you have no legal recourse. Even if you can sue at that point, you're in a legal hole you could have avoided from the start. Yeah, lawyers are expensive, but they get paid well for a reason. And though I wouldn't trust a personal injury lawyer any further than I could throw one (don't -- they'll sue your @ss), they're not in the business of taking the long way of solving a problem. Not b/c they're good folk, but b/c a good lawyer has enough of a case load that (s)he's better off working on another case and getting yet another settlement than pissing away time on one case.

Sorry for the rant.

Paul And Pista

I hope you're feeling better, that sounds really terrible. Try contacting Stuart Leon (a bike lawyer in Philadelphia) - he's a good guy and can probably at least give you some advice for free. From his website https://www.bicycleattorney.com/Pennsylvania.htm

If you're still considering a benefit ride, definitely let us know.

tozovr

Do we know what the situation was when the accident occured? Was the injured party riding legally? (Right side of the street etc?) Was it dark? These things matter greatly and if the judge or jury (there will usually be a jury if there is a court case and it goes to trial). They may find her only partly responsible for the damages.

Insurance laws vary greatly by state. NH does not require insurance.

There are quite a few bits of information that you can't see in the initial post (maybe I'm missing an earlier post). The fact that she was charged with assault doesn't bode well though LOL.

RJ

karmical

i was in the hospital a little over a week after getting shot. after getting out when i got the first bill had to straight up tell the hospital "there's no way i can ever pay this many KKKK's meaning $tens of thousands of dollars....ever" they ended up taking it in front of some hospital review board which in turn just ate the bill it can be done-


best of luck to the OP heal up well.

DiegoFrogs

TimmyC-

Having gone through (and still am going through...) something similar, also in PA, I suggest that you look for a lawyer that operates on a contingency basis. At first I thought I could handle all the hoop-jumping myself, then I came to my senses. I didn't have two nickels to pay anyone anything to do anything for me, so I got a lawyer on a contingency basis. They'll be clever, and find all different potential avenues for you to collect damages.

FWIW, I was covered on my own policy (under insured and uninsured coverage were parts of my policy, thank god...) in addition to her policy (state minimum...) and the under-insured motorist coverage allowed me to attempt settlement with my own company after I dealt with her company. Having a competent laywer for most of the process was a tremendous asset.

I tried to do deal with her company all on my own, and did so successfully, but even in hindsight I'd give 1/3 of the settlement to charity if I could undo all that trouble and frustration.

Also, I plan on getting really good policies for the rest of my life. It would have been a lot of trouble if I relied on her insurance.

timmyc123

So to answer and respond to all of the posts by topic:

Was it intentional? Tough question to answer. In PA and most other states, if a person was struck by a vehicle intentionally, you cannot make a claim to their insurance. Insurance is for 'accidents' only, and therefor an intentional act is not claimable. (go figure). She is however being charged by the Philadelphia district attonery for Assult and Aggravated Assult (in her attempt to flee the scene she almost hit a police officer).

Other avenues to get the cash? I do not own an automobile, nor am I on anyones auto insurance, so I can not make any claims that way.

Negotiating with hospital to reduce fee? I have done this before with UPENN, and it is possible. But they don't write it all off. Hospitals are sued for millions of dollars each year for overcharging, so the best thing to do is request and itemized bill (a bill that says the exact amount they charged for what) and then contesting it piece by piece. (I was once charged $30 for an advil). Then when it is reduced by item, negotiate say "I will never be able to pay this" and they will usually write off a certain percentage. I was able to have UPENN write off 50%.

now a whole new injury and this time I'm dealing with Jefferson.

Sue for other assets The woman had no insurance, drove a crappy car and lives in north philly. To quote a previous poster, it would be like trying to get "blood from a stone." I can sue to garnish wages, but there are easy solutions to that (i.e. working under the table.) and it would cost me more than I would ever make.

Lawyer fees I am working with an accident lawyer recommended to me by a fellow cyclist. He gets paid based on what I get, so he's not getting jack either.

Who was at fault? The incident is actually be carried in two seperate files. The first is the bike vs car accident, in which I was cited as at fault. However the running over of my leg and the subsequent charges of assult stem from her attempt to flee the scene. and therefor a seperate case.

I still am trying to organize a benefit bike race. I need helping organizing a route however. I'm working on getting sponsers. etc. and I hope to donate 1/3 to some form of fund that helps folks in my situation.

rideabike

timmyc123:

Do you have car insurance? If you do, you might have uninsured coverage that you can draw on. Also, I don't know if you have medical insurance or what your financial situation is, but hospitals have Uncompensated Care Pools that kick in under certain situations. You should talk to someone, like an attorney, who deals with hospital debts. A personal injury attorney might be able to help.

hyperRevue

...

rideabike

I missed that, hyperRevue.