Originally Posted by
dscheidt
I'd get a lawyer to look at it, not on contingency, but actually paying for it; many state bar associations have a referral system that will get you an initial consultation at a reasonable rate. The property damage part of the settlement isn't necessarily strictly limited to the actual property damages. It can extend to consequential damages. (For instance, how are you getting to work? Not on a bike, clearly, so expenses for that are a result of the property damage. How much work have you missed getting the replacement bike sorted? ) It's quite possible (almost certain, in fact) that the damage settlement precludes recovering those. That may not matter to you, but a lawyer can tell you for sure, and may suggest a course of action (It might make sense to wait to see the result of the hearing, for instance.)
Good points - I've been told by one attorney that the traffic case isn't admissible in a PI suit, but it's worth having the initial consultation with everything I've got so far to see if the PD part is OK and that everything else can go into 'pain and suffering' (e.g., consequential damages).
Although, in most auto collision cases, the ins. company will spring for a rental car (a bike wouldn't solve the problem, because I can't ride just yet). I have a car, so I have to find out if my increased expenses are part of PD or PI.
I've probably had to miss 2-3 days of work for appointments, and the days I've gone into the office have had to be compressed (arrive late and/or leave early) to take care of things. I have 2 PT appts per week, so I have to work my schedule around those.
It also costs me around $25 a day to drive back and forth to work if you use the federal mileage reimbursement rate. More in you include tolls, and more for parking. (I had a monthly pass before this, so I don't pay extra for parking, but I do pay to park - because I don't commute every day). On a daily rate, it would be $12 per day. So, if you take the days I've had to drive that I would have normally ridden, it's a few hundred dollars already. It'll probably be 9/1 before I can ride to work again, and likely mid-month to October before I'm up to my previous frequency.
So, I'll call an attorney to figure out what to do about the PD part of this.