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Old 08-23-08 | 09:43 PM
  #20  
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csown
Slowpoke
 
Joined: May 2007
Posts: 88
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From: Seattle
I was hit by a car a month ago and suffered some nasty injuries, surgery, and a totaled racing bike and I'm going through a fairly big claim right now and I have an attorney involved who specializes in biking accidents.

It sounds like you weren't very badly hurt. That is good. First thing is to get the record straight with the police report. It sounds like you didn't have witnesses, so it sounds like it may be a he-said/she-said kind of scenario. But good for you to file the report and get your story on the record. Take pictures of everything, your wounds, your bike, and the part of the road where it happened ASAP.

Even if he wasn't insured, you are covered by your own auto insurance. But there are a number of hoops to jump through depending on how laws in your state work. Your injuries are going to be covered by your PIP (personal injury protection) first. This is usually around 10 grand depending on what the insurance you bought and covers most ER bills and a few doctor's visits and physical therapy. It won't be enough to cover surgery.

For property damage, liability, and whatever else isn't covered, that is then covered by your own UIM (underinsured motorist) or UM (uninsured motorist) coverage, which can range from the state minimum (usually around $25K) to hundreds of $K depending on what you bought. The bad news is that the moment the accident occured, UIM or UM insurance steps into the shoes of the opposing party - in other words they will take an adversarial role against you and it is as if you are fighting against the opposing party's insurance! This is where lawyers can help you.

If the claims are small (under $5K or $10K) and you don't sound like you're going to come back and ask for more money due to latent injuries, your insurance will probably be pretty easy to deal with and you might be able to get by without a lawyer. But keep in mind that their goal is to keep as much money in their pockets as they can. If you open claims yourself, make sure that there are two different adjusters covering the two types and ask that they not talk to each other except with your express permission. You don't want the PIP amount to influence the UM amount and vice versa.

Also note that there is a statute of limitations for when you can report problems associated with the accident. In my state I think it is 2 years. Don't wait too long to sue if you are thinking about it.

Good luck!

Last edited by csown; 08-23-08 at 09:56 PM.
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