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-   -   Hit by a car - got some questions... (https://www.bikeforums.net/commuting/77029-hit-car-got-some-questions.html)

ukmtk 11-30-04 12:24 PM

In the UK I'm a member of the British Cycling Federation.
I have Gold membership (~ $90 per annum). This provides me with insurance in case I cause an accident. But it also provides me with legal representation in case I'm the victim of an accident. You must have something similar in the US.

KleinRider 11-30-04 12:28 PM


Originally Posted by billh
I was very leary of dealing directly with the insurance adjustors in my case (State Farm). To their credit, I think they were dealing with me squarely (unless I was totally snowed). At any rate, they did tell me to wait several weeks to make sure all the medical issues were resolved before settling. And they were fairly prompt in returning my calls, two days.

The only part where I thought they were being tricky was during the telephone deposition with some of the question, eg. "So the vehicle that hit you was a 2002 Jeep Grand Cherokee?" My first thought was that wasn't the exact make of the vehicle and I had no idea of the year so I just answered that I didn't know and that it was some sort of jeep model, that I saw the words "Jeep" on the grill. Looking back, I wonder if she was trying to trick me into saying it was a year/make/model other than the owners.

That is very interesting to hear how the cases were handled in NY and PA. I never even thought of calling my own insurance company. I might give them a call just to see how they would have handled it . . . for next time.

I think you have the benefit of a "legitamite" insurance company to deal with. The question she asked was leading (giving you the year and model, etc.) and that's what surprises me. I'd have just asked what kind of vehicle hit you. I don't think that State Farm would be trying to snow you. It sounds like the 3 week wait time is reasonable, as you should know in 3 weeks whether or not you are going back to the doctor/physical therapist/etc.

d2create 11-30-04 01:20 PM


Originally Posted by billh
I was very leary of dealing directly with the insurance adjustors in my case (State Farm). To their credit, I think they were dealing with me squarely (unless I was totally snowed).

This is also a State Farm case. They did seem fair during the phone call this morning that they said they were taping. They did ask me about the doctor visit yesterday but i told them i don't know the results yet.

billh 11-30-04 03:36 PM


Originally Posted by ukmtk
In the UK I'm a member of the British Cycling Federation.
I have Gold membership (~ $90 per annum). This provides me with insurance in case I cause an accident. But it also provides me with legal representation in case I'm the victim of an accident. You must have something similar in the US.

There is the League of American Bicyclists. I don't know if they offer insurance. Anyone know if they do?

OK, I was curious so I looked up the LAB web page and didn't find any mention of insurance . . .

http://www.bikeleague.org/members/discounts.html

I know USA Cycling offers insurance for racers when they crash during a race, but that doesn't help me as a commuter. That does it, I'm moving to the UK!!!

billh 11-30-04 03:40 PM


Originally Posted by d2create
This is also a State Farm case. They did seem fair during the phone call this morning that they said they were taping. They did ask me about the doctor visit yesterday but i told them i don't know the results yet.

I had several preliminary calls I don't recall being taped. For the formal deposition, they made it very clear they were taping it and that it had legal implications. It would make me nervous if they taped just a regular conversation. I imagine they could use that in court if it came to that.

Phiber 11-30-04 03:52 PM


Originally Posted by d2create
robncindi, it was on Old Katy Road just north of the katy freeway.
Contact West End Bikes if you want to ride around the downtown area. They do organized rides.




Ya, one of the reasons I dis-like Houston. (no offense meant to fellow houstonians)
NY was like your state... it was a mandatory and the officer filled out the report right there.

I AM in Houston. o_O Northside :) WTF man? In fact, if it is an auto accident it is unlawful to MOVE your car into the cops arrive.

d2create 11-30-04 04:29 PM


Originally Posted by Phiber
I AM in Houston. o_O Northside :) WTF man? In fact, if it is an auto accident it is unlawful to MOVE your car into the cops arrive.

Ya, not anymore though.
Now they make you move your car out of the way of traffic if possible and get all the info yourself.
Not enough man power in the Houston police force anymore to send out a cop for every little accident. :mad:
But this is assuming it's a minor accident and no one was hurt.

chicharron 11-30-04 05:14 PM

A few years ago, (when I was younger and more stupid) a car full of teenagers drove by while I was riding in the opposite direction, and began to yell at me. So, being young and stupid, I flipped them the middle finger. Moments later, the same car was next to me going the same direction at about 30 miles an hour, and the passneger opened his car door onto me.(I was in the 10 gear on an 10speed road bike) Needless to say, I went flying over the handlebars and onto the street. A witness saw the whole incident, but the license plate number he copied down was incorrect. Also, I didnt get much help from the police. Fortuently, my bicycle only needing a quick tune up at the bike shop, and I only suffered a bad case of road rash.

Seamless 12-01-04 03:15 AM


Originally Posted by billh
I had several preliminary calls I don't recall being taped. For the formal deposition, they made it very clear they were taping it and that it had legal implications. It would make me nervous if they taped just a regular conversation. I imagine they could use that in court if it came to that.

What you gave over the phone is usually termed a recorded statement.
A "deposition," which is a method of oral fact discovery intended for formal court proceedings, is sworn to under oath by you and can be transcribed by a stenographer and/or videotaped. If you gave one of those, you certainly should have been represented by a lawyer.
A formal recorded statement for use in insurance private arbitration proceedings is called a sworn statement and is usually taken before a stenographer and/or videotaped. If you gave one of those, you probably should have been represented by a lawyer.

(Giving false information for an insurance claim is a crime, so giving information under oath is not critical as a claimant can find him or herself in major trouble.)

It's possible in court or arbitration proceedings to introduce evidence against you that at some date before your testimony you made a prior inconsistent statement; your prior inconsistent statement could be unsworn, but there are legal issues such as to what extent it has to be in conflict with formal testimony in order to be admitted into evidence at the proceeding.

As to State Farm, just like most insurance companies facing modest claims, they will attempt to quickly settle your claim with an informal investigation. They realize the amount involved is best minimized if they are polite and appear reasonable. However, they have no obligation nor inclination to help you. While it's generally one of the better companies, State Farm has been found on occasion to have committed unfair settlement practices.

markw 12-01-04 04:44 AM

They won't show unless there is injury. If you're bruised, then you're injured. You need to get a police report. If they won't come out, then you're dazed and it hurts to move. Anything to get them on the scene to do the report. I have a friend who even with the report, broken shoulder, car at fault is fighting the insurance company in court now because they weren't wanting to pay for his medical bills in full, and only wanted to give him a couple hundred for a Dura Ace equipped bike. He has police reports and everything and they're still trying to shaft him. He just wants his medical covered and the bike replaced. Now it's medical, plus lawyer fees, etc... When you get into a situtation like this, the key is documentation.

Mark


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