Originally Posted by
zacster
I'd say you need a lawyer. Don't think for a second that the settlement offer you get from the insurance company is anywhere near what you should get. They are going to lowball every aspect of it, tell you that your injury isn't serious, that your bike isn't worth what you think it is and so on. If it seems fair to you, you can bet that they are making a higher offer so that you don't look for more. They don't want you to get a lawyer. You are due a LOT more than you think. I've had 2 accidents in the last 5 years, both with broken bones (BOTH wrists the first time, the pelvis the second time.) Both times my lawyer got me a lot more than I thought possible. There was nothing about it that was unseemly either. This was NYS law, not a random judgement.
Also, don't think that the person driving is actually going to pay out of their pockets. That's why you buy insurance, so you don't have to. You will only get awarded up to their insured liability limits. You're not going to put the other party in the poorhouse.
The insurance company is NOT on your side. Don't be a sucker.
I highly disagree. I got hit just over 3 weeks ago in almost the same manner. Girl pulling out of a parking lot trying to beat traffic broadsided me. After dealing with the adjuster myself, even though it took much longer than I had hoped (3 weeks), I got more in insurance money than I actually paid for the gear that was damaged due to a higher replacement cost for the same level gear. All I can say is know what you are looking for in money. I played the "I want more than you're willing to give me" card and when she tried to give me the "That's not how it works" excuse, I asked to call back. I then went and talked to the insurance company (the people working behind the customer service desks that would help with filing claims/accident reports/etc) and asked what they thought of their offer(10% depreciation on what I originally paid for what I was claiming). They said try to deal to 5%, and I was able to get 5% off the replacement quote. Got a killer deal on a new 09 Tarmac Expert and it's gonna cost me about $150 out of my pocket.
Note: My bike was a year old...don't settle for any depreciation on the bike. Expect a new bike of the same level and replacement for the damaged gear.