Should I get a lawyer???
08-08-10 | 06:46 PM
#26
Senior Member
Joined: May 2009
Posts: 225
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From: el paso,tx
not sure how adjusting is done with a "totaled" bicycle. full replacement or adjusted depreciation of value of bike. would assume they will gladly pay full retail for replacement if the get in writing that you are not suing for injury.
08-08-10 | 07:03 PM
#27
Mountain goat
Joined: Mar 2008
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From: Portland, ME
Bikes: BMC Team Machine SLR01, (RIP) BMC Team Machine SLT01, CDale SuperV400, Cramerotti Genius Nivacrom, C'Dale R600
Most adjusters don't know anything about bicycles, so it might also be in the best interest to have a bicycle shop inspect it for damage and have them write-up an assessment for the insurance company.
08-08-10 | 07:23 PM
#28
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Joined: May 2008
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Another post recommending, no Strongly Recommending, your next step should be to notify your insurance company, not hire a lawyer, not see what the other guy's insurance will do, none of that. Notify your own insurance company. That is all your liability carriers, your medical carrier and your auto carrier.
I think it very rare if you don't have a clause in your insurance policies requiring you to notify them for all losses, regardless of perceived fault. No notification and technically you have broken your contract with them. Break the contract and the insurance company has a lot of latitude what they do.
Your insurance company(s) may very well take care of the whole thing subject to your deductable and then proceed against the other guy's insurance. You get taken care of with a minumum of hassle. It is way too early to play the "pain and suffering" game. Talk to your own insurance companies first and see just where you stand. Remember that is what the contract with them mandates you do.
I think it very rare if you don't have a clause in your insurance policies requiring you to notify them for all losses, regardless of perceived fault. No notification and technically you have broken your contract with them. Break the contract and the insurance company has a lot of latitude what they do.
Your insurance company(s) may very well take care of the whole thing subject to your deductable and then proceed against the other guy's insurance. You get taken care of with a minumum of hassle. It is way too early to play the "pain and suffering" game. Talk to your own insurance companies first and see just where you stand. Remember that is what the contract with them mandates you do.
08-08-10 | 07:52 PM
#29
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From: USA
Bikes: 84 Pinarello Trevisio, 86 Guerciotti SLX, 96 Specialized Stumpjumper, 2010 Surly Cross Check, 88 Centurion Prestige, 73 Raleigh Sports, GT Force, Bridgestone MB4
I am in a similar situation, dog, not car. My company medical insurance plan has a huge deductible before it kicks in. My home owners, why do they care, I told them and they said I need to contact the dog owners and their home owners carrier. Well, I don't know these people, their insurance company has not contacted me and neither have they.
How do I get them to tell their insurance company of the incident?
Essentially, their dog, chased me down, knocked me over, broke my femur and left me unconscious on the road for over 30 minutes before anyone came by, in front of their house? Like WTH? I am non weight bearing and essentially immobile for 12 weeks and will not be completely heeled for over a year, cannot wrok, cannot walk, cannot wipe my a---, cannot drive.
I have not gotten a lawyer but I don't see any choice but to sue them if they don't engage their insurance company for me? I really just want their insurance company to help me out and some acknowledgment such as I am terribly sorry your life for the next year will suck!
How do I get them to tell their insurance company of the incident?
Essentially, their dog, chased me down, knocked me over, broke my femur and left me unconscious on the road for over 30 minutes before anyone came by, in front of their house? Like WTH? I am non weight bearing and essentially immobile for 12 weeks and will not be completely heeled for over a year, cannot wrok, cannot walk, cannot wipe my a---, cannot drive.
I have not gotten a lawyer but I don't see any choice but to sue them if they don't engage their insurance company for me? I really just want their insurance company to help me out and some acknowledgment such as I am terribly sorry your life for the next year will suck!
08-08-10 | 08:02 PM
#30
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Joined: Jul 2007
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From: VA
Bikes: Giant, Jamis fixie, Orbea Orca; Ceverlo P2SL TT
getting a lawyer does NOT mean you're suing.. means you've got some one looking out for YOUR best interest... LOTs of cases are settle out side the courtroom.. yes that's what insurance is for... but HER insurance is going to try and pay you as minimum as they can... GO see a doctor immediately.. and previously stated... soft tissue injuries.. may not show up for a while... and +1 on documenting everything...
08-08-10 | 08:08 PM
#31
Retired dabbler
Joined: May 2010
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From: Acton, MA (20 miles west of Boston) - GORGEOUS cycling territory!
Bikes: 2007 Specialized Roubaix Elite Triple - 1st ride = century 9/19/2010 , Ultegra
First, condolences. Second, find out what the adjuster has to say. Third, any litigation dramatically increases the cost to the insurance company. They don't want to go to court and often settle spurious claims because it's cheaper to pay. Don't feel shy about telling the adjuster that you really hope you don't need to use a lawyer. His/her job is to save the insurance company money with a strong preference to a settlement. Fourth, good luck.
08-08-10 | 08:11 PM
#32
Senior Member
Joined: May 2008
Posts: 2,712
Likes: 1
I am in a similar situation, dog, not car. My company medical insurance plan has a huge deductible before it kicks in. My home owners, why do they care, I told them and they said I need to contact the dog owners and their home owners carrier. Well, I don't know these people, their insurance company has not contacted me and neither have they.
How do I get them to tell their insurance company of the incident?
Essentially, their dog, chased me down, knocked me over, broke my femur and left me unconscious on the road for over 30 minutes before anyone came by, in front of their house? Like WTH? I am non weight bearing and essentially immobile for 12 weeks and will not be completely heeled for over a year, cannot wrok, cannot walk, cannot wipe my a---, cannot drive.
I have not gotten a lawyer but I don't see any choice but to sue them if they don't engage their insurance company for me? I really just want their insurance company to help me out and some acknowledgment such as I am terribly sorry your life for the next year will suck!
How do I get them to tell their insurance company of the incident?
Essentially, their dog, chased me down, knocked me over, broke my femur and left me unconscious on the road for over 30 minutes before anyone came by, in front of their house? Like WTH? I am non weight bearing and essentially immobile for 12 weeks and will not be completely heeled for over a year, cannot wrok, cannot walk, cannot wipe my a---, cannot drive.
I have not gotten a lawyer but I don't see any choice but to sue them if they don't engage their insurance company for me? I really just want their insurance company to help me out and some acknowledgment such as I am terribly sorry your life for the next year will suck!
Still, insurance companies will generally guide you through the process, even though all the money will come out of your pocket. Just remember, that to us this is a big deal but to them this is just another of the many business transactions they handle every day. All the companies involved has as their primary goal getting the issue resolved at minimum cost and minimum future potential liability. Sometimes that process doesn't bring a lot of satisfaction to individuals.
Oh, how to get them to tell their insurance company? Simple, you tell their company.
Last edited by ModeratedUser150120149; 08-08-10 at 08:15 PM.
08-08-10 | 08:12 PM
#33
Single-serving poster
Joined: Aug 2009
Posts: 5,098
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From: Toronto, Canada
"Adjusters" - They're the sharp end of the stick pointed at you from a crooked industry. This is how they make money.
You've already gone too far by speaking with one without an attorney present, I hope there are no future complications from the crash.
You've already gone too far by speaking with one without an attorney present, I hope there are no future complications from the crash.
08-08-10 | 08:20 PM
#34
Senior Member
Joined: Jan 2008
Posts: 3,653
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From: Washington, DC
Oh please. Most people have enough sense to know when they are getting an acceptable deal and when they are getting screwed. Not every interaction with an insurance company requires a lawyer to reach some reasonable conclusion. If you are getting screwed, go ahead and get one. If you are getting your medical care and bike damage taken care of, just handle it on your own. If this was something where you were out of work for more than a week due to injuries, then it's a different story.
08-08-10 | 08:23 PM
#36
Single-serving poster
Joined: Aug 2009
Posts: 5,098
Likes: 3
From: Toronto, Canada
Oh please. Most people have enough sense to know when they are getting an acceptable deal and when they are getting screwed. Not every interaction with an insurance company requires a lawyer to reach some reasonable conclusion. If you are getting screwed, go ahead and get one. If you are getting your medical care and bike damage taken care of, just handle it on your own. If this was something where you were out of work for more than a week due to injuries, then it's a different story.
08-08-10 | 08:25 PM
#37
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Joined: Aug 2009
Posts: 5,098
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From: Toronto, Canada
This or a smashed AC... sore shoulders particularly ones from a bike/car crash can become chronic injuries and once you've had a good shoulder smashing you'll be more likely to easily injure it again.
08-08-10 | 08:27 PM
#38
Older than dirt
Joined: May 2008
Posts: 5,342
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From: Winchester, VA
Bikes: Too darn many.. latest count is 11
getting a lawyer does NOT mean you're suing.. means you've got some one looking out for YOUR best interest... LOTs of cases are settle out side the courtroom.. yes that's what insurance is for... but HER insurance is going to try and pay you as minimum as they can... GO see a doctor immediately.. and previously stated... soft tissue injuries.. may not show up for a while... and +1 on documenting everything...
I'd see what the insurance company says. Physical loss and ongoing medical are two different things and can be settled separately.
08-08-10 | 08:27 PM
#39
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Joined: Jul 2004
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From: Brooklyn NY
Bikes: Kuota Kredo/Chorus, Trek 7000 commuter, Trek 8000 MTB and a few others
I'd say you need a lawyer. Don't think for a second that the settlement offer you get from the insurance company is anywhere near what you should get. They are going to lowball every aspect of it, tell you that your injury isn't serious, that your bike isn't worth what you think it is and so on. If it seems fair to you, you can bet that they are making a higher offer so that you don't look for more. They don't want you to get a lawyer. You are due a LOT more than you think. I've had 2 accidents in the last 5 years, both with broken bones (BOTH wrists the first time, the pelvis the second time.) Both times my lawyer got me a lot more than I thought possible. There was nothing about it that was unseemly either. This was NYS law, not a random judgement.
Also, don't think that the person driving is actually going to pay out of their pockets. That's why you buy insurance, so you don't have to. You will only get awarded up to their insured liability limits. You're not going to put the other party in the poorhouse.
The insurance company is NOT on your side. Don't be a sucker.
Also, don't think that the person driving is actually going to pay out of their pockets. That's why you buy insurance, so you don't have to. You will only get awarded up to their insured liability limits. You're not going to put the other party in the poorhouse.
The insurance company is NOT on your side. Don't be a sucker.
08-08-10 | 08:28 PM
#40
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Joined: Apr 2010
Posts: 64
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From: Bucks County PA
Bikes: One
I have been seriously injured by a motorist (broken pelvis) and did the whole lawyer thing. In the end, having a lawyer was positive in that he was clearly looking out for my best interest; that said, when we settled out of court, his firm certainly got their due. So, if you please, learn from my experience, and see if you can benefit without resorting to a lawyer (lawyer = less money for you).
1. Personal property. Anything and everything that was damaged in any way whatsoever -- they are responsible for replacing. No depreciated value crap. Full replacement cost.
2. Medical bills. You need some (see #3). Your health insurance will cover your medical expenses. The lady's insurance company will reimburse you for the total cost of any medical care you receive as a result of this accident -- and that money is paid DIRECTLY to you (not your health insurance company). Further, you really do need to be fully and completely checked out. If you have any sort of injury, DO NOT agree to receive any form of compensation from the insurance company. Once you accept anything, you are "settling." If you have any complications pop up a couple of months down the road after you've started the settlement process, all bets are off. So, recover first, settle last.
3. Pain and suffering. For serious, documentable injuries (i.e. broken bones), pain and suffering is generally paid out as 2 to 3 times the sum of your medical expenses. Hence, you need medical expenses. Now in your case, since you don't have anything broken, expect something greater than the sum of your medical expenses, but less than 2 times the sum. Soft tissue injuries generally don't pay out well with juries, and insurance companies know that . . . so yes, you're entitle to pain and suffering, but it won't be extravagant.
4. Document everything. Take pictures of your injuries, and your damaged property.
5. If they give you your replacement cost for property, the sum of your medical expenses, plus a little extra for pain and suffering, I'd say don't bother with a lawyer. If they hold short on any one of those, then seriously consider getting a (good) lawyer.
1. Personal property. Anything and everything that was damaged in any way whatsoever -- they are responsible for replacing. No depreciated value crap. Full replacement cost.
2. Medical bills. You need some (see #3). Your health insurance will cover your medical expenses. The lady's insurance company will reimburse you for the total cost of any medical care you receive as a result of this accident -- and that money is paid DIRECTLY to you (not your health insurance company). Further, you really do need to be fully and completely checked out. If you have any sort of injury, DO NOT agree to receive any form of compensation from the insurance company. Once you accept anything, you are "settling." If you have any complications pop up a couple of months down the road after you've started the settlement process, all bets are off. So, recover first, settle last.
3. Pain and suffering. For serious, documentable injuries (i.e. broken bones), pain and suffering is generally paid out as 2 to 3 times the sum of your medical expenses. Hence, you need medical expenses. Now in your case, since you don't have anything broken, expect something greater than the sum of your medical expenses, but less than 2 times the sum. Soft tissue injuries generally don't pay out well with juries, and insurance companies know that . . . so yes, you're entitle to pain and suffering, but it won't be extravagant.
4. Document everything. Take pictures of your injuries, and your damaged property.
5. If they give you your replacement cost for property, the sum of your medical expenses, plus a little extra for pain and suffering, I'd say don't bother with a lawyer. If they hold short on any one of those, then seriously consider getting a (good) lawyer.
08-08-10 | 08:29 PM
#41
Senior Member
Joined: Jan 2008
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From: Washington, DC
Like I said though, most people don't need a lawyer to know when they are getting screwed. If his shoulder heals in quick order and his bike is replaced, anything more is going to be more hassle than its worth. If his shoudler doesn't heal and the insurance company won't cover it, and/or they won't cover the bike, then look at lawyering up.
08-08-10 | 08:33 PM
#42
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From: Brooklyn NY
Bikes: Kuota Kredo/Chorus, Trek 7000 commuter, Trek 8000 MTB and a few others
You seem to have a little flair for the dramatic.
Like I said though, most people don't need a lawyer to know when they are getting screwed. If his shoulder heals in quick order and his bike is replaced, anything more is going to be more hassle than its worth. If his shoudler doesn't heal and the insurance company won't cover it, and/or they won't cover the bike, then look at lawyering up.
Like I said though, most people don't need a lawyer to know when they are getting screwed. If his shoulder heals in quick order and his bike is replaced, anything more is going to be more hassle than its worth. If his shoudler doesn't heal and the insurance company won't cover it, and/or they won't cover the bike, then look at lawyering up.
08-08-10 | 08:59 PM
#43
Senior Member
Joined: Jul 2008
Posts: 514
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From: Kissimmee, FL
I'd say you need a lawyer. Don't think for a second that the settlement offer you get from the insurance company is anywhere near what you should get. They are going to lowball every aspect of it, tell you that your injury isn't serious, that your bike isn't worth what you think it is and so on. If it seems fair to you, you can bet that they are making a higher offer so that you don't look for more. They don't want you to get a lawyer. You are due a LOT more than you think. I've had 2 accidents in the last 5 years, both with broken bones (BOTH wrists the first time, the pelvis the second time.) Both times my lawyer got me a lot more than I thought possible. There was nothing about it that was unseemly either. This was NYS law, not a random judgement.
Also, don't think that the person driving is actually going to pay out of their pockets. That's why you buy insurance, so you don't have to. You will only get awarded up to their insured liability limits. You're not going to put the other party in the poorhouse.
The insurance company is NOT on your side. Don't be a sucker.
Also, don't think that the person driving is actually going to pay out of their pockets. That's why you buy insurance, so you don't have to. You will only get awarded up to their insured liability limits. You're not going to put the other party in the poorhouse.
The insurance company is NOT on your side. Don't be a sucker.
Note: My bike was a year old...don't settle for any depreciation on the bike. Expect a new bike of the same level and replacement for the damaged gear.
08-08-10 | 09:27 PM
#45
Senior Member
Joined: Jul 2008
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From: Kissimmee, FL
08-08-10 | 09:29 PM
#46
Senior Member
Joined: May 2006
Posts: 1,743
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From: San Francisco, CA and Treasure Island, FL
Find someone who had a similar injury and is now 60-70. Ask them to tally up how much it cost them over their lifetime so far. Is is roughly what the adjuster is offering? If so, accept it. Otherwise counter with your own lifetime cost estimate. Attorneys (and adjusters!) have tables for these things, to base claims on. Ask yourself how much you'd want as a third party to assume liability (meaning you'd pay all bills incurred the rest of their natural life). Don't settle for less than that or they're just leaving you holding the bag for something you neither caused or are responsible for.
Also: find out if the injury will be considered a pre-existing condition. If so you may find it extremely expensive to buy health insurance on your own. This needs to be factored into the claim.
Also: find out if the injury will be considered a pre-existing condition. If so you may find it extremely expensive to buy health insurance on your own. This needs to be factored into the claim.
08-08-10 | 10:11 PM
#47
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Joined: Oct 2008
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From: Meadville PA.
Bikes: Specialized sirrus
Different states have different laws about what i am going to mention so it may or may not pertain to you but defiantly check it out before you sign any thing with an insurance company.
If your comfortable with the amount of compensation for your bike take it. Also feel free to take compensation for your injuries and time missed if you feel its a fair deal but make sure that its an open ended claim. If you sign a closed claim in states that allow it and any injury lingers on or even pops back up you can not go back for more compensation. Lawyers suck but I have also seen doctors and insurance companies in an ER trying to get a family to take a chunk of change and to then sign away all rights to go after them for further compensation.
If your comfortable with the amount of compensation for your bike take it. Also feel free to take compensation for your injuries and time missed if you feel its a fair deal but make sure that its an open ended claim. If you sign a closed claim in states that allow it and any injury lingers on or even pops back up you can not go back for more compensation. Lawyers suck but I have also seen doctors and insurance companies in an ER trying to get a family to take a chunk of change and to then sign away all rights to go after them for further compensation.
08-08-10 | 10:22 PM
#48
Single-serving poster
Joined: Aug 2009
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From: Toronto, Canada
You seem to have a little flair for the dramatic.
Like I said though, most people don't need a lawyer to know when they are getting screwed. If his shoulder heals in quick order and his bike is replaced, anything more is going to be more hassle than its worth. If his shoudler doesn't heal and the insurance company won't cover it, and/or they won't cover the bike, then look at lawyering up.
Like I said though, most people don't need a lawyer to know when they are getting screwed. If his shoulder heals in quick order and his bike is replaced, anything more is going to be more hassle than its worth. If his shoudler doesn't heal and the insurance company won't cover it, and/or they won't cover the bike, then look at lawyering up.
If you're not worth the hassle, that is your decision... which is essentially what we are talking about, how you evaluate what this woman did and it's effect to your well-being.
I think the poster who said ask an elder person who has been hit what it cost them, and you will get a better perspective on the effect of the accident. It's not all about the physical damage, even though some people don't want the hassle and other's will be all to happy they aren't going to "make trouble".
08-08-10 | 11:00 PM
#50
Over the hill
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From: Los Angeles, CA
Bikes: Pinarello Nytro, Momentum Transend
So, that means I agree with those who think you should see what they offer you and if you find it satisfactory, no red tape and inconvenience are needed.
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