Hoping there are some here with experience on this. Well actually, I wish nobody had experience on this

I got hit by a car earlier in the week on my new Roubaix (barely 2 weeks old). Lady was cited by the police and I got all her insurance information and police report. Bike has a lot of damage and I ended up with road rashed knees, elbows, some chainring chunks out of my calf, and a REALLY sore shoulder. I refused the ambulance ride. Her insurance company has already been in contact with me to get my information and they said an adjuster for the bike and medical will be in contact next week.

I get home on Friday and had my mailbox FULL of attorney adverts. Do I need them? I don't want to screw myself or forfeit my rights but I'm not sure this is a big enough deal to warrant an attorney. I want my new bike completely replaced but am I also entitled to any reimbursement from being all cut up, beat up, and generally out of commission for a bit? And how much?

I'm usually one of those that decry the frivolity in our legal system and don't want to contribute to it.

wait to see what the adjuster offers. if you're satisfied then let it be. if not and you don't feel you can calmly and eloquently ask for what you're entitled to, consider an injury lawyer and let him fight for what you think is fair

Realize that most often, once the lawyers are involved the only ones who win are the lawyers.

Generally true in divorce, and generally true in injuries/property damage.

I agree to see what the adjuster offers first. If the offer is not fair communicate with them directly.

Lawyering up is definitely plan B.

This is an odd question:

Was the woman genuinely sorry that she hit you? Was it just an unfortunate accident or an act of aggressive road rage?

If she was sorry, and it was an obvious accident, don't sue her because you're all sore. If her insurance is paying for a new bike, and your medical bills, then why would you bring her to court in such a bad economy?

As someone who has a brother who's been on the opposite side of this spectrum (he hit another car), it really sucks to have some guy make you fix his car and then sue you for the inconvenience you caused him for awhile.

I'm just saying, that's how I approached it a couple months back with my car encounter. But, do what you think is right. Ultimately, it's your call.

I was hit by a pick up truck on May 29th. Money for my bike, helmet, clothing etc. has already been received. I had the bike shop list the equipment and prices and I emailed that to his insurance co. That is what they gave me for personal property. It was very fair.

i'm currently in the process of recovering pain and suffering but my injuries were substantially more than yours. 4 comp. fractures of the spine, 3 ribs and a sternum plus other contusions of the knees, shoulders, hip and tongue. I'm out of my brace but still not allowed to get back on a bike.

His insurance co has been very fair about the situation so I'm lucky in that regard. i agree with the above, if your happy with what the adjuster says then go with it but it sounds as if he's just coming to look at personal property damage.

Hope it works out well for you.

At the very least you should be getting money for your bike and medical bills. You might also want some money for pain/suffering and missed work (if you are going miss any work). As far as how much? That's where the lawyer comes in, he has the experience and can tell you what people in similar situations have been awarded.

If they wont give you anything for pain and suffering (i think i read on here that 10x your medical bills is average), then Id get one.

She was an idiot....came up from behind me and tried to speed past to turn right in front of me.....she nailed me as she turned right....she never even passed me and I never saw her until I was hit. I don't have any interest in a pay day....I just want reimbursed for the damage and my troubles. No medical bills......I enlisted "nurse wife" when I got home to patch up all my cuts and bruises.

I don't want to turn this thread into a lawyer bashing one (despite my temptations) but I can't help but wonder, after rereading your post, is how did all the lawyers find out about your accident?? Flooding your mailbox with solicitations after an injury sounds very close to ambulance-chasing.

Just wondering....

Whatever you do, I would wait to sign off completely until you are sure you do not have any injury that you may not be aware of yet.

If you get all your gear replaced, plus a new 2011 bike & get to keep your old bike that would probably be a pretty good deal as long as you have minor injuries. You could fix up the broken parts on the bike if thats possible and have a second one to sell or keep as a rainy day bike etc.

Or put up extra cash and get a higher end 2011 Roubaix (don't know what you have now).

Or instead of keeping your old one see if they will upgrade you to a better bike to replace your old one? Just a few options, ideas.

Any of the above makes you whole and gives you a little something for your trouble.

FWIW, it should be free for you to talk to an atty. or two and see what they say. I do hear you though on not contributing to the "system".

This is what I did - no lawyer, worked with the adjuster. They offered a small amount for pain & suffering, and I got them to move up just a little on that, but I had minimal lasting damage just a small scar on my ankle, so that's OK.

I really didn't want the bitterness of a law suit in my life, and the time I would have had to spend dealing with it. I've been told I could have netted a pretty big sum if I had a lawyer, but if I had it to do all over again I would do exactly what I did.

I was reimbursed for all medical expenses (which were pretty large, as it included a bunch of head CT scans and a helicopter evac), a new bike, all my clothes that were ruined/cut off me, 4 new panniers (damaged in the crash), airline tickets home (I was on tour and had to end the tour b/c I was injured). I was awarded $3000 pain & suffering. There weren't any lost wages b/c I was between contracts, so I didn't miss any work.

The woman who hit me called me a week after the accident to ask how I was doing and say how sorry she was. I thought that was nice, especially since it wasn't settled with the insurance yet. She was cited for a minor driving violation, not sure what it was. She didn't see me in a two-way turn lane and hit me - broad daylight.

HOWEVER - I would advise you to get your shoulder looked at - joint injuries can come back to haunt you, so it's important to get treatment soon as well as document that the injury is a result of the accident - if you need more extensive treatment later, the insurance company should reimburse your expenses. Don't sign off the medical portion of the claim until you are 100% healed. You can complete the property portion (bike) separately from the medical.

Good luck to you, I applaud your attitude and I'm glad you aren't too badly hurt.

Oh yeah, I'm sure it's all ambulance chasers. Just like after you get a speeding ticket...they clearly have some way to pull all public records daily or something.....each solicitation I got had a copy of the police report inside already. Kinda creepy honestly.

Thank you!!!!

Damn, hope it works out well for YOU!!! I feel as lucky as a lottery winner when I read stuff like this.

They WILL find you, they comb through the crash reports at various LE Agencies/Newspapers and send out letters. It has happend to me several times.

Then, if the adjuster doesn't offer you anything for pain and suffering, I'd say lawyer up.

Outstanding!! You have my respect. Far too many people jump at the chance to take someone to the cleaners when they really don't need to. I am glad you are alright.

OP. I think you have the right attitude about this. They should have no problem replacing your bike and then a little more for the discomfort and time. Glad you are alright as well and hope everything works out for you.

More like 3x.

You should be dealing with the claims separately:

1. Property damage - get an estimate of the retail cost to replace your frame and components and any labor involved on damaged item. Also include clothing and helmet is they're damaged. When you get the check for this, make sure it specifically says "for property damage liability".

2. Medical Bills - Even if you don't have insurance, it's a good idea to go with the ambulance so they check you out and everything is "official", especially for more serious injuries. This will help you later on when/if you deal with the pain and suffering portion of the claim. Take pictures of your injuries if you can. Also call your health insurance provider so they know what happened and they may go through a subrogation process to get reimbursed for paying the medical bills. Any other payments such as deductibles or co-pay will be your responsibility to get reimbursed with the driver's insurance company.

3. Pain and suffering - From the research I've done and what I've heard, getting money in this portion varies. This is when you can determine if you need a lawyer. If the insurance company has been good to you and responsive to your needs in the first two, they're usually good on this last portion. Make sure you have the pictures of your injuries, keep a diary/log of how you feel every day until you're fully healed, get doctor's notes from the ER if you can, get the police report - basically do everything in your power to get this information to make your case. Once you make your case and they've determine the dollar figure, then it's up to you whether or not you need a lawyer.

Also note that make sure the insurance company deals with each of these portion separately so that you get treated fairly. And beware when you sign for anything or cash the check, there could be strings attached to the claim.

I think you have some great advice here, the only thing I would add is letting the insurance agent know that lawyers are badgering you to let them handle your case. It couldn't hurt. Good luck and keep us up to date.

Did I read this correctly that you have NOT seen any doctor, but engaged "Nurse Wife"? If you have no doctors visits, you're in trouble. One, the insurance can say that you obviously weren't injured, so no pain and suffering payment. Also, if they were going to pay you 3x your medical bills, lets see.....3..........0........carry the one.......3x$0 is......uh.....ZERO! Then they'll ask you to sign off, and, as mentioned before, if things pop up later, it's all on you. Please, go get checked out....THOROUGHLY! It's worth it!

And +1 on your attitude. Let's hope the insurance company treats you with the same respect you are trying to treat them with!

Low J.
Did you tell your insurance agent? This is where folks with good insurance agents get their moneys worth. I had a small car accident with minor injuries. The guy who hit me was a jerk with a jerkwad insurance agent who gave me a bunch of crap. My agent contacted the main office and explained I was injured, but DIDN'T hire a lawyer. Within hours of that phone call, the local agent was replaced with a corporate guy who contacted me and assured me my car, my bills and any other expenses would be paid in full and no more weird phone calls from the guys agent.
So at this point it does not hurt to tell them, so far you are not contacting a lawyer or better yet, have your insurance agent tell them. Believe me, they can take a hint.

thats what insurance is for. if he has a valid case, he should pursue it.

this thread just makes me sick......

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.