CCrew

That's EXACTLY how you deal with a helmet after an accident.

CACycling

Once we negotiated the amount they were going to pay me for my totaled bike, I asked the adjuster what he wanted me to do with the bike. He said to do whatever I wanted with it. I stripped all the usable components off and recycled the frame and rims.

nubcake

Well in my defense the majority of the parts were upgraded one at a time so I did pay for a lot of the parts individually like I quoted them.

I never have said I told them my back hurt or tried to get anything for pain/suffering, that is what was used against my insurance company once and it worked for them. You were cut and had bruised ribs, you probably could get something for pain and suffering, the back hurt thing was more an example about how insurance companies get nervous when people start sounding like they want compensated for pain.

A good lawyer could probably get a fairly decent amount of money from this without having to lie, how many people have gotten thousands from slipping on floors, being burnt by coffee, etc. I was just suggesting that you make them a little nervous so they quit screwing around with you and cut you a check to replace your bicycle instead of making you go months without, there is no reason for that.

Also, I was never asked to return the broken bike so hopefully you will not need to as well. I managed to save a few parts but the frame/wheels/bar/stem/saddle were all shot.

Again, not suggesting insurance fraud, just that you make them a little nervous so they quit screwing around.

Digital_Cowboy

Here's a good insurance question. There is a new Allstate commercial where two individuals are involved in a crash. As they're comparing insurance it turns out that they're both Allstate customers.

My question is this, in the event that two people insured by the same company are involved in a crash where one hits the other. How does the insurance company settle that claim? Considering that both individuals have a policy with the same insurance company how do they determine which claim to pay out?

CB HI

Both insureds get their claim paid. The at fault party has to cover their deductible amount, while the not at fault party gets everything paid.

CB HI

Yes committing insurance fraud is bad. Too bad we do not get to send insurance adjusters to jail when they commit fraud.

On my claim, the helmet was included of course. The insurance adjuster looked at the helmet and told me it looked perfectly fine. I unloaded on him.

My claim got settled quickly after that exchange.

When he came to pick up the damaged bike, I made him sign a release stating that he understood the frame was damaged and that the bicycle was no longer safe to ride. Just in case he had thoughts of selling the bike.

dscheidt

This happens a lot.

Generally, most states require the insurance company to act as if they're two different entities, one for each of the two parties. So, different claim numbers, two files with the paper work in it, two different adjusters, and different lawyers. If it's just property damage, they generally get resolved very quickly. If there's injury, or other complicating factors, it can get very complicated, but that's true if there are different insurance companies. Hiring an outside lawyer is probably a good idea in those cases.

nubcake

Very true, and not just with insurance adjusters, many people working for powerful companies need to be thrown in jail.

I also forget at times sarcasm does not get picked up on very easily through the interwebz. Just to be clear one more time, I was not suggesting insurance fraud, I was suggesting putting some fear in them to motivate and leave it at that, haha.

gerv 

I was in a bike accident in July. I did not have any problems other than bruises, but those bruises bothered me for about 6 weeks. The chest contusion/bruised ribs were the worst and if I ran into other problems from this after 6 weeks, signing checks or otherwise accepting compensation would have left me without recourse.

I didn't contact a lawyer and luckily the other insurance was pretty reasonable.

But it could have been the other way.

CB HI

I caught your sarcasm. My post was directed to mikepwagner's response to you.

nubcake

I could tell you picked it up with your opening line, my post was also directed at those who obviously did not. Really though, we should arrest those committing real insurance fraud from within the insurance company.

Wake

My medical expenses were a little over $10k. After the cager plead guilty to hit/run I had no problem getting his insurance to pay all the bills including bike (got $1k, repaired it for $350), and lost wages. All they needed was good documentation. I got a lawyer for the "pain & suffering" part. It didn't take long after the medical issues were over to get $20k. The lawyer kept 1/3.

You can claim stuff with your insurance, too, if the other person's company refuses to pay, or doesn't cover everything because of policy limits. In that case the ins. co's fight it out for who's responsible.

Nachoman

Hopefully the 50% inaccuracies you're referring to relate to trivial matters rather than facts that would place you at fault.

iconicflux

I don't know where OP is from but if he's from MD and has been in an accident with a car then he should contact me. I've been through a couple with the help of an attorney so I know the tricks attorneys use to get paid higher.

For example, they always claim that the attorney doesn't get money from the victim's reimbursements for medical bills and real damages. Which would be true if attorneys separated things into line items. Instead, what they do is they get one lump-sum check that includes the whole settlement. Since that check is for settlement rather than reimbursement they can and do subtract the medical bills / real damages from it then they take their cut of it.

This wouldn't seem so bad except that in states like MD they have PIP (Personal Injury Protection) which is non-subrogatable (you can legally collect from both the act-fault insurance company AND your own PIP). By doing the one big check and putting PIP into it they help themselves to money that should have been the victims.

Digital_Cowboy

What about conflict of interest? I mean if they have two clients who have hit each other, isn't there a conflict of interests? Particularly if one of them has been a customer/client longer then the other.

Digital_Cowboy

Again, I have to wonder about conflict of interest in handling a/the claim(s) of two or more clients filing a claim(s) resulting from the same crash. But I guess that's where hiring one's own lawyer would be the right course of action.

Digital_Cowboy

That being said, I'm sure that if the right lawyer/LEO/insurance company caught wind of it that they could still make a charge of insurance fraud and make it stick.

MK313

You must really not like insurance companies. Why limit it to those that commit fraud on only one side? I think that we should arrest & prosecute anyone who commits real insurance fraud.

when

OK, they paid out and I signed a release, so full story.

I was coming up to a T intersection meaning to turn left. The bottom of the T had a stop sign, and I was coming into the T right to left meaning to make a left turn.

It was dark but I had on a 1000 lumen headlamp and reflective gear. The headlamp was steady and not flashing. Behind me was a highway that had headlights on it.

I shone my light right in the eyes of the driver the whole time she and I were coming up to the intersection. She stopped at the stop sign. I initiated my turn, and she hit the gas, striking me on the left rear of the bike, totaling the bike and rack. I hit the ground, rolled, and stood up. My arm was scraped and ribs hurt a bit. We called the police, he showed up, took a report, but did not issue a citation.

I got an estimate from a bike shop and got checked out by my doc.

Her insurance paid out. I asked to be paid for:

• Full retail replacement bike
• Full retail replacement helmet
• Every hour I took to deal with police, take the insurance adjuster's calls, look for a new bike, etc. billed at my full engineering consulting rate of $100/hr
• Every single mile I drove that I otherwise wouldn't have, over 200 miles, at the full IRS rate of $0.55 a mile
• Bike shop bill to change out components and fit the new bike
• Don't forget tax on everything!

On the medical side, I asked for:

• VERY IMPORTANT: Full payment of x-ray, doctor's visit, radiologist, etc. fee that was submitted to my insurance company in case they came to me asking for it (I called and asked my doc for the exact amount).
• 2 massages to work on my back a bit (didn't really need this but figured throw it in as it's what I would get after a hard wreck on my MTB)

They paid it all.

What I learned from this:

• Bill the insurance company for EVERYTHING, including your time and mileage.
• Perhaps a flashing light may have helped, in looking at the intersection her lights were not pointed at me so allll my reflective bits did nothing, and the one steady (very bright) light I had blended into traffic behind me. Therefore I'm getting, a new front blinky in addition to the solid bright one.
• A horn might also have helped, I could have blasted it well before the intersection. Therefore, an AirZound is on its way.
• Knowing how to fall can save you. I personally think that knowing how to do forward rolls/breakfalls has saved me from serious injury in wrecks half a dozen times.

2 weeks later I have this bike and a new helmet. First ride in today and I really liked the feel of the steel frame versus my old aluminum one.

DiabloScott

And that's how it's supposed to work; well done. How much was the check? Nice bike. Maybe consider reflective clothing too, especially in areas like you describe with lights coming from all directions you need to present clearly as a cyclist.

MK313

Congrats! Glad that this was resolved quickly and fairly for you. And that you are able to get back out there riding.

nelson249

Had that happen in the fall. My wife was rear ended and had her car written off. We had the same insurance co as the other guy and it was handled just like any other claim. If anything we had more leverage since both our cars and house were insured with them for years.

nubcake

I have been screwed over by them a few times, so have a few friends of mine. Not to mention countless stories of them having high payed employees who's only job is to find a way to deny claims.

I would agree, insurance fraud ups the price for everyone and it is wrong. There is nothing for asking for full compensation of your goods that were lost and time. I did not even ask for time in my case because they were quick in dealing with it. I am sure they were just happy I never went to the hospital.

My biggest problem with how the authorities handle fraud, if a random person commits fraud they go to jail, if the company or an authority figure commits fraud or tells his employees to do something they know is wrong in hoping they will not get caught they will get a fine at worst and never see jail time, there is a complete double standard in how corporations are punished vs the everyday citizen.

Glad to see all worked out well for the OP, that sounds like it is how things are supposed to go.

Digital_Cowboy

That's part of my question. Isn't that a conflict of interests? As you are apparently the more "important" customer to them then the other guy.

wphamilton

I actually had that situation 5 or 6 years ago, when I was hammered on the rear quarter, turning left, by a red-light runner. We were both covered by Allstate, and the other driver was clearly at fault. In fact, she was hauled out of court and taken to jail (it took some doing to irritate the judge that much). I had to fight with Allstate tooth and nail to get any kind of adjustment at all, let alone full medical expenses. I wound up settling with them for 80% of my out of pocket. My understanding is that they did pay her claim without much issue - I only had liability (not relevant to the incident) while evidently she had full collision. My also being an Allstate customer was absolutely no benefit whatsoever, and futhermore my own Allstate agent advised my wife that we couldn't collect in that situation. Whatever is cheaper for them ... needless to say, my insurance is with another company now.

Technically, if my agent was to be believed (which is dubious), if I'd had comprehensive that policy would take priority over her liability. In practice they go for whatever costs them the least, and I honestly believe that having the same insurance company as the other party is a serious handicap. At least you'd have someone fighting along with you if the companies are different.