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Bicycle Lawyer?
One of the employees here at Microsoft was hit by a car while on his kick bike (kickbike.com) on the way to the University. The driver’s insurance company is claiming that it is his fault. Quote from there letter: “We feel that your failure to maintain a proper lookout, failure to keep your kickbike under control, and traveling too fast while approaching the intersection constitute negligence greater than 49%. Therefore, we will be unable to make payments for anything other than your medical bills and lost wages related to the accident. Our decision has been based on the facts presented to us. If you have any additional information, which would be relevant to your claim, please forward this information to us for our consideration.”
This is his basic reply The real facts in the matter are sufficient to show that the three above statements are incorrect, “[1] your failure to maintain a proper lookout, [2] to keep your kickbike under control, [3] and traveling too fast while approaching the intersection.” First, I did not fail to maintain a proper lookout. In fact, according to the police report, the driver was cited for improper lookout. I received no such citation. I find it ironic that I have been accused of the very act of negligence performed by the driver that has caused all of my pain and loss. On the contrary, I had a very good lookout on the entire accident and was helpless to protect myself due to the careless actions of the driver. To accuse me of improper lookout is slanderous and unfounded. Second, I did not fail to keep my kickbike under control. I had complete control over my kickbike at the time of the accident, but I was unfortunately at the mercy of the negligence of the driver. Again, the police report clearly states that the driver’s failure to maintain a proper lookout was the cause of the accident. There is no supporting evidence in my statement or from the police report to sustain an accusation that I was in any measure out of control. Third, I was not traveling too fast while approaching the intersection. The police report indicates that I was traveling 15mph—far below the posted limit of 35mph. There are no facts of any kind to establish that I was traveling too fast. Thanks in advance, I love this forum ;) |
The fact that he doesn't have a lawyer in the first place is the only reason the insurance company is trying to pull that kind of BS. Don't wait for a response. Get a lawyer now! They will f*ck him royally without representation. Guaranteed.
OMG! Did I say that? Did I just recommend to someone to get a lawyer? Eeewwwww... I feel all slimy now!!!! Seriously. Get a lawyer. A necessary evil in this case. |
Not sure, Joe. (About the lawyer.)
But police reports carry a lot of weight in the courts. Maybe he should try a lawyer who specializes in accidental injury ("ambulance chasers"). Then, he should switch insurance companies to one that isn't going to steal from him. |
Somewhere out there, there is bound to be a lawyer with a personal injury-related hard-on. I say get one. As someone has already said, he will be totally f*cked without one.
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Joe,
There are always advertisements by lawyers in Velo News. I don't have one with me or I would give you a couple of names and numbers. If you can't get one, let me know and I will send the latest issue. Regards, Raymond |
As a lawyer in Scotland (though not a litigation one) and having had to sue after a motorcycle accident, I would have to say that the approach the insurers have taken is a common gambit to put pressure on the accident victim.
If backed up by a favourable police report, there should be no problem suing the driver ( i e his insurance company inthe end). if there is contributory negligence that would affect any damages, but that would depend on the court. Over here, only about 5% of cases get to court, most settle. Get a lawyer, preferably a p i specialist. If the driver has been charged with a rt offence this does not feature in the civil case but suggests that the facts favour the cyclist. |
Joe, like Rainman said, there are advertisements for Bicycle "Friendly" Attorneys in the classified sections of most cycling magazines. If you're not privy to any such periodicals, just drop the magazines an email. Some I know of: www.mbaction.com or www.bikemag.com or www.mountainbike.com I'm sure there are many more! I usually only concentrate on mtb ones.
L8R G8R:D |
Joe,
Here in Atlanta I see two or three "bicycle lawyer" ads each month in the newletters and publications from local bicycle clubs and groups. Try looking through similar publications in your area. Or call the lawyer referral service and ask for names of attorneys that specialize in these types of accidents. How is your friend doing? Any serious injuries? |
Originally posted by Chris L Somewhere out there, there is bound to be a lawyer with a personal injury-related hard-on. I say get one. As someone has already said, he will be totally f*cked without one. |
Yeah, now that I think about it (something I don't always do in my rants), it does sound a bit suss. I'll shorten it to this:Basically get a lawyer!
:blush: |
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