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First Run in With a Car, Literally

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Road Cycling “It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle.” -- Ernest Hemingway

First Run in With a Car, Literally

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Old 04-23-11 | 09:18 AM
  #51  
ladyraestewart's Avatar
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From: Austin,Texas

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For all those saying the OP needs to demand he be made whole, please remember being made whole is subjective and in the real world it doesn't happen. Think about this logically, what if his injury is such that for the rest of his life he now suffers a shoulder pain he never suffered before? It doesn't have to be significant nor limit him, just annoy him. There is no undoing this nor is there a realistic way to decide x number of dollars will make him whole. What about the time, effort and energy he lost just dealing with this situation. There is no giving that time back nor attaching a dollar amount to that.

The bottom line is, you hopefully heal to your maximum ability and get on with your life. The negligent party should be required to fully compensate the injured party full reimbursement of his out of pocket costs. There is nothing wrong with an expectation of a little more to compensate for those damages to which there is no hard costs either. But in the end, do you want to tie up years of your life over it trying to get more money or do you want to live your life and move on? There is value in that. A lawsuit is invasive, time consuming, mentally exhausting and stressful for the Plaintiff. You will be subjected to hours with your lawyer discussing your situation, status, potential strategy and settlement. You will spend hours answering exhaustive discovery and giving a deposition. You will overwhelmed with paperwork and eventually a two to three day trial with an uncertain outcome.

That is not to say a lawsuit is never an option because there are situations when it is an option and sometime the only option for various reasons known only to the litigant. But, in the end, decisions must be made to fix your life NOT your lawsuit.
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Old 04-23-11 | 09:47 AM
  #52  
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From: Chicago NW Burbs

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All you need now is a pair of your sister's tightest pants and a stupid looking fixie with 2 inch handlebars, therefor qualifying you to be a bike messenger

Joking aside, glad to see you came out with minimal damage.
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Old 04-23-11 | 09:53 AM
  #53  
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From: Los Angeles, CA

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Originally Posted by Spacemunky
@Urbanknight - I ride main st in Santa Monica and a portion of downtown and the near doorings/right hand turns on main st would shock you. I ride assuming everyone will always do the wrong thing and thus far it has kept me safe, but that doesnt excuse the insane number of bucket drooling morons who test my reflexes everyday.
You're smart. Unfortunately, that is not the case with the average US citizen... especially in Los Angeles. You're right that it doesn't excuse them, but it doesn't mean you're entitled to every penny Larry H. Parker thinks you are.



Originally Posted by ladyraestewart
For all those saying the OP needs to demand he be made whole, please remember being made whole is subjective and in the real world it doesn't happen.
Very true. I often think of situations I've seen others in and try to determine a dollar amount that would be appropriate. I play a game where I reverse the event and ask myself if someone were to promise to place me in that event, how much money I would demand up front to accept it. The truth is, there are many events in which no amount of money would make me willing to go through with it. It makes for an interesting subject, and it's true that only the OP can decide what is fair in his mind. However, he should be honest with himself when deciding.
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Old 04-23-11 | 11:10 AM
  #54  
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From: Bay Area, Duh!

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I'm sorry, but i feel the need to address a couple of things otherwise i feel the OP may read your post and choose to not act to the best of his interests.

Originally Posted by ladyraestewart
For all those saying the OP needs to demand he be made whole, please remember being made whole is subjective and in the real world it doesn't happen...What about the time, effort and energy he lost just dealing with this situation. There is no giving that time back nor attaching a dollar amount to that.
I agree that setting a monetary figure on an injury or loss is ridiculous, but still that's the system we have to compensate victims. He will never get his time back, but he will get a figure society(tort system) has decided is equivalent to his loss.



Originally Posted by ladyraestewart
But in the end, do you want to tie up years of your life over it trying to get more money or do you want to live your life and move on? There is value in that. A lawsuit is invasive, time consuming, mentally exhausting and stressful for the Plaintiff. You will be subjected to hours with your lawyer discussing your situation, status, potential strategy and settlement. You will spend hours answering exhaustive discovery and giving a deposition. You will overwhelmed with paperwork and eventually a two to three day trial with an uncertain outcome.
True, lawsuits can be exhaustive and invasive, However, his claim is rather simple and to the point and would not last years. Who's talking about trial? Realistically, his claim would be easy to settle and last until he's fully recovered and a few months for negotiations- IF THAT. He does not have a case that merits litigation. Instead it seems to be as simple as collecting bills, accounting for time lost and dealing the insurance adjuster- either in person or through a legal representative, and being on his way.

Like I said, the steps he takes now are VITAL in insuring there are not problems down the line. The second he tells an adjuster, "well, it was only my shifter's that got damaged" is the minute he forgets about getting a new bike. The minute he says "i'm doing well, how are you?" it's the minute his future losses shrink. I know this because I used to deal with insurance companies, particularly adjustors on a daily basis. I have first hand experience how they operate and how shady things can get.

Last edited by BayAreaUser; 04-23-11 at 11:42 AM.
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