Ritterview

I month ago got hit on my bike by a slow moving car. It cracked my BMC frame, and I fell over the handlebars, landing on my shoulder. I twisted my left calf as well.

A few days after the accident I saw an orthopedic surgeon, because my shoulder was a bit sore. An X-ray showed some degeneration in that shoulder, probably pre-existing. Since the accident, I still feel a touch of impingement with raising my arm above 90 degrees. A week after the accident, I entered a 6 mile run, but had to pull up after 3 miles. The orthopedic surgeon says I have a shin splint. My calf feels fine, but I don't know if I could run that 6 miles yet. There haven't been any problems cycling.

The insurance company of the guy who hit me is paying for all the new bike parts I need, so that is okay.
They are also paying for the doctor's bill.

For the bodily injury part, they are paying $400.

For those with any experience in these matters, does this seem about right?

(I not interested in contesting this, nor playing anything up. I just want to get an idea of what is usual and customary).

Wanderer

Sure did lowball you on pain and suffering....... Lawyer time!

idcruiserman

2.5 to 3 times the special damages.

bigtea

Don't ask a bunch of cyclists your question...ask a personal injury lawyer who has experience with bicycle claims and accidents. You should get a 30 minute consultation for free.

If the attorney doesn't think your case merits her/his time on a contingency basis, then settle it yourself with the insurance company. If she/he does think it is worth their time, then you will probably find yourself pursuing something in the thousands of dollars.

wfrogge

2-3 times the medical cost.

jesspal

So your bike and doctor bills are being covered. What about any time lost from work? What about any future pain that may arise due to a potential back injury? I'd see a lawyer and go to a doc the lawyer works with that specializes in these types of cases.

My wife is a public insurance adjuster, she doesn't deal with medical issues, she deals with homeowner policies. The insurance companies want to pay you the smallest amount possible, regardless of whether you are entitled to more.

DaveSSS 

I just settled my second car/bike accident last week. I got paid full MSRP for all damaged bike parts and clothing. I suffered bruises and a few cuts, plus some sort of stabbing pain in my back that took over a month to go away. Even with NO medical bills, I got $1000 for bodily injury (plus over $5,000 for the bike).

The previous accident in 2005 required an attorney because the car insurance company offered me nothing. I eventually got twice my $2700 in medical bills, plus actual damages to my bike. Medical insurance settled for only $1200 and the attorneys got $5,000. In total, the insurance company wrote a check for $12,500. They should have settled with me for less than half that.

gettingold

Depends on the State. In NY, you are stuck with no-fault (minimal for other than your economic losses) because you have nothing broken.

I feel for you with that shoulder though. I had shoulder surgery three weeks ago. Still can hardly lift my arm. I doubt I'll be ready for pitchers and catchers.

FreddyBoy

I got hit by a car (that did not stop). Thus no lawsuit.
No permanent damage fortunately but I had to visit the hospital to remove the road tar from my abrasions and prevent further infections. (that was NOT fun and it cost me $800 (after haggling it down from over $2200)
A lawyer said I would have had an EZ $25k settlement against the driver along with new gear. (destroyed rear wheel, seat, helmet and clothing)

Thus $400 is zilch. But the important thing is that you are OK.

ericm979

You might want to wait... if something goes wrong down the road after you settled, then you won't get anything more. There is a time limit, I don't know for sure what it is.

aham23

need more info. like the amount of your medical and wage loss (if any). you have only provided part of the necessary data to conclude you problem. later.

Ritterview

The medical cost was about $450, which they paid. I had no lost wages.

GatorFL

I got fairly banged up about a year and a half ago by a car during a race. They paid about $4k for the bike (originally closer to $6k....whatever), $1k for out-of-pocket medical (plus whatever they paid my insurance company), and another $4k (I think) for "inconvenience". I was missing a lot of skin, broke my nose, and had to have my face stitched up.

Brightwork

It certainly wouldn't be less than $400. Don't settle until you know for sure there won't be anymore complications. I would take the advice already given to get a free consult from a specialist. Good news is you're still here to talk about it.

kudude

should be more. That being said, it makes me feel bad to think I've PAID MONEY to receive an injury such as yours. I wish they'd give you cash to crash in a race, although I don't think that'd promote the right train of thought.

Steve_Reno

GET

A

LAWER

Do not talk to their insurance people, they will rob you, you are hurt

azwhelan

I applaud you. To many people here thinks when something bad happens you're entitled to get as much money as they can possibly get and lawyer up. You didn't miss any work and it sounds like the insurance company treated you fairly. Unless the driver was grossly negligent and you're looking to send a message or your doctors have given you reason to fear future issues I think it's classy of you not pursue it any further. Any lawyer you speak to is going to be influenced by his cut and not necessarily doing the right thing.

sharkey00

Not getting an attorney in this case is a bad idea. Lawyers are influenced by THEIR CLIENT, the plaintiff, in this case the OP. You pay the bills (or have the right to drop them as counsel so they do not get paid) and you call the shots. An attorney cannot do anything against your will. If you do not want to sue the pants off of the driver your attorney will not sue the pants off the driver. In this case all the OP would be doing is ensuring a reasonable settlement that includes provisions to ensure he is covered in the long run should future health issues arise.

sibaudio

what exactly is the procedure when you get hit by a car (their fault) to get compensated by their insurance for your broken gear??

Nachoman

If you still feel "a touch of impingement" when raising your arm, the answer should be very clear that a $400.00 offer is unreasonable. But instead of focusing on what is a reasonable offer why don't you go back to the doctor and figure out how to get ride of the impingement.

tonyzackery

In a previous life, I was a commercial auto and general liability injury claims adjuster/supervisor/manager for 12 years and with 4 different companies. The company sets a reserve (a figure of money setting aside against their bottomline) for your injury - I would speculate $3000-4000. With the info you've provided, they'll be happy to settle the injury portion of your claim for $1000 or less.

No need for a lawyer here as you appear to be an upstanding individual not looking to milk the system. I understand you want to get on with your life and an attorney will only start seeing green stars and have you treating unnecessarily with some unscrupulous treatment provider.

The above is made under the presumption you had preexisting impingement in your shoulder. If not, your case is more significant.

My $0.02CAN worth...

Edit:
Couple more things to add:
1. Any "good" adjuster does not use a formula (i.e. 2x Dr. bills) to evaluate an injury. A claim for "injury" is compensable even without Dr. bills being incurred.
2. WRT to your injury claim, the $1000 or less figure above is your "general damages" and does not include your "special damages" (Dr. bills, out-of-pocket med expenses). The "specials" will undoubtedly be paid in full by the insurance company.

zerocool5468

i think i should get hit more often. daddy needs a new set of wheels.

Ritterview

Thanks, I really appreciate the information. Does the adjuster receive some sort of commission on the amount of the reserve not paid out? How do you reckon the $400 figure was arrived at? A formula? The adjuster's (correct) judgment that I am unlikely to pursue matters?

aham23

there is normally no commission involved. each carrier has there own standards and protocal for settling these claims. some pay what they owe and some low ball the crap out of folks. a few years back most settlements were based of experience or the 2 to 3 times special rule. now a days most carriers are using very expensive software to determine bodily injury values. if it were me i would take $600 in my pocket and call it a day. good luck. later.

DaveSSS 

The problem with all of these suggestions to get an attorney is that it is easier said than done.

If you have few or no medical bills and no permanent injury, almost no attorney would bother to take your case. If any attorney wants any money up front, walk away. Personal injury attorneys only get paid when they win your case and should never leave you with potential expenses.

In my case, I had $2700 in medical bills that were nearly all covered by medical insurance ($300 OOP). I had only $800 in damages to bike and clothing. I was turned down by several law firms because my case was so trivial. In the end, the firm that did take my case got $5,000 for their work, but that came from the car insurance company. If a car insurance company thinks that you are getting an attorney their offer will go up. Tell them that their offer is too low and then do nothing for a couple of weeks to make them sweat. If they call, tell them you're still looking for an attorney, but haven't decided on one. They're bluffing with the $400 offer, so bluff back.