lostforawhile

it's a pretty straight forward case, nothing to really argue I was where I was supposed to be, she drove where she wasnt supposed to drive, anyway going to try and save the bike, I rebuilt that bike from junk, found all the original pieces and parts, other then the chain ring guard, I rode it at least ten milesa day, was very attached to it

Chris516

Just recover. Don't rush it.

Until then, don't post about it at all.

Notso_fastLane

Don't count on it being 'straight forward' if the other driver's insurance company decides to fight you. Trust me, that road can be long and very annoying.

KonAaron Snake 

Mine is straight forward - the police report is clear, it's a broken bone - nothing subjective. Her insurance company still is delaying, low balling and being extremely annoying. We'll take them to court and eventually I'll win. It will take a long while - which benefits them.

They're going to be obnoxious regardless of the facts.

Tom Stormcrowe

One piece of advice: Limit disclosure o=f strategy and specifics concerning any incident like this, because I can assure you that lawyers datamine the forums looking for these kind of things, and can connect the dots occasionally for the insurance company and they get info that damages the members case.

Tom Stormcrowe

Let me look around. we have a bike co-op here, and I may be able to get you an original Weinnman Box Rim wheel. Is it 700c or 27"? If I can find it, the wheel will be free to me, and we'd just have to cover shipping. I think I remember a pair of 40 spoke touring wheels from Weinnman in 27x1" with Maillard hubs and vintage 1960's style QR quills from Maillard, as well, and the rims are aluminum, notsteel box rims, and the chrome on the QR's was not corroded. They looked almost like NOS wheels. I have enough volunteer points to get the wheels if thewy are still there. If they are still there, I'll pm you for your address and if shipping isn't too bad, they'll only be coming up from South Fla to South Ga.

Jseis 

So sorry to hear. Give time to let mind and body heal.

lostforawhile

it's a 27 I can save my brand new tire and tube, they arent damaged only the rim is bent up and fork is bent

lostforawhile

still here, still trying to recover, havent been able to ride since the accident, bike needs impossible to find parts, settlement was a joke, it all went to pay bills, my back is permanently messed up, just letting people know I was alive.

rydabent

We all hope for a speedy and full recovery. And yes engage a good lawyer, and dont overlook lawyers that specialize in cycling cases.

KonAaron Snake 

That seems awfully fast for a settlement...did you have an attorney? My accident was a year before yours and we aren't near conclusion...they play time against you and you have to hang in there. If you're still in pain, I'm not sure how/why you settled, you don't even know where you are.

lostforawhile

yes I had a good lawyer, he's well known around here, she decided not to fight it, so all I got was what her liability limit would pay, she had no assets and he had no way to sue her for anything else, just a crummy bargain insurance policy, then my insurance company found a loophole and a way to screw me out of the money they would have paid me, it basically came down to, I was sitting in the left turn lane on my side of the road, waiting for the light, and she came flying around the corner trying to beat it and made a wide left, up the turn lane into me. she drove down the wrong side of the road, and hit someone who was following the law to the letter, and the cops treated me like dirt, you know anyone riding a bike is always wrong right? this was on a non busy small town street

CB HI

Pretty low that your insurance screwed you on a legitimate claim. What is their name?

Chicago Al 

Very frustrating to read but I'm sure nowhere near what it's been like for you. But good to hear from you again.

As I think I said last year, post about your bike over in the Classic and Vintage forum. If anyone can help you find the parts to get your bike--or one just like it--back on the road again, the regulars there will. It may take some time but it sounds like it'll be some time before you are riding anyway. Working on bikes can be great therapy.

And if I were you I would be looking very carefully at the 'loophole' your insurance company had, maybe asking the state's insurance commissioner's office about it if it really seems wrong.

KonAaron Snake 

Ok - so you were screwed by the other party having crappy insurance and pursuing a judgement didn't make sense because they lack resources. The other party in my incident has crappy (one step up from rock bottom) insurance and they're trying to settle for far less than the liability. At least you got the full liability amount! My party should eventually have assets so we might pursue a judgement if they don't get more reasonable.

There's an inherent scam with these situations...the insurance attorney is supposed to represent the interests of the insurance company AND their client - but they just represent the insurance e company. If they were representing their client, they'd have settled last year. We'll seek additional damages for negotiating in bad faith (which we won't win on) and if we do go to trial, we'll make sure she knows her interests weren't represented and she should sue her insurance company and the attorney.

To echo my colleague al, you want to look carefully at your policy, their rejection and start speaking with advocates.

dwightisright

I understand that alot of people cruise these post. By all means don't post much about your condition I'm surprize that your lawyer didn't tell you to stay away from social media.

But I do feel your pain I'm not saying that to be trite. You are in my prayers.

CB HI

You did not actually pay attention when reading the thread, did you?

The collision was a long time ago and OP just updated on the outcome of the legal stuff. There is no reason to not post now.

dwightisright

sorry I didn't read the date on post.

lostforawhile

yea it's all over and done, the insurance company that screwed me over was Dairyland, I didnt know I would be covered under my auto policy, but my lawyer said I was considered a pedestrian and I should have also been covered under my own insurance, but they found some buried loophole in all the fine print, and he wasnt able to do anything about it, he did make an effort to work around it, but they had the better loophole in this case. after lawyers fees and bills, not left with much but a messed up back. ended up with a burst fracture at T-12 and a collapsed disk, I'm eligible for disability, but I prefer to work as long as I can,so not pursuing that route at this time

KonAaron Snake 

Just for others in this situation, the insurance coverages can get confusing...here's how it usually works (this is a guide - don't rely on it)...

hierarchy of payout:

1. Your auto, you'll be covered as a ped
2. Family member's auto if in same domicile
3. Some umbrella coverages/home owners might have coverage
4. Your health insurance
5. The other driver's insurance.

Their insurance will typically only pay out after settlement/judgement. Your insurance may or may not seek reimbursement out of your settlement/judgement.

I strongly encourage everyone here who rides to check their auto policy, or their spouses, to see what the coverage is for you as a ped - basic is usually only about $5,000. I'd get that to no lower than $20,000.

DogBoy

This depends on your state laws (hence your caveat I assume). I suggest reviewing your coverage with your insurance company to discuss your coverage.

KonAaron Snake 

It definitely depends on state law. It's hard to write a general guide because the rules vary, but hopefully it's a helpful starting point and is a useful way to explain the concept of who pays first and what coverage might apply. The key concept I want to convey is to think about it BEFORE it happens. Find out what the hierarchies are for you, what your policy states and then consider if that's enough protection. I had the minimum ped coverage when I was hit - I wish I'd had more. Think about it now - not after the decisions have been made for you.

genec

Interesting that you were considered a ped... considering that so many states have provisions for cyclists that state something along the lines of "has all the rights and is subject to all the provisions applicable to the driver of a vehicle..." But then I suppose the states don't require bicycle accident/liability insurance...

rumrunn6

God speed

CB HI

Even if you do not go for the work disability, at least look at public transit disability discounts and priority. It may help out on days your back acts up.