BigJeff

Short version: gal in her young 20's hit me while I was commuting home from work. I flew off the bike, thanks to a helmet, a backpack of clothing and gloves, road rash is mostly on legs, hands shoulder and head; but I didn't break any bones.

I wish the same could be said for my Addict; I took it to the local tri shop / Scott dealer and it is totaled.

I heard bAck from the cop yesterday, who determined after investigation that i was not at fault and the gal would also receive a ticket for violating my right of way, causing an injury collision with a pedestrian/cyclist.

Insurance claims have already been started immediately and her insurance coverage has multiple people covering the personal injury aspects for me... Which is awesome.

I let her insurance know last week that the bike was dropped off at the shop to evaluate damage and repair/replacement costs. I have a simple email with estimate, but for something like this I think a quote may be better since there are other costs involved, including shipping fees setup fees, taxes, etc.

My question is if anyone knows how long these types of claims take before the insurance pays out?

10 Wheels

Get checked out by a doctor before accepting any $$.

Depends...

rpenmanparker 

You need a personal injury attorney. His 1/3 fee will be well worth it. He will get you a cash settlement above all other compensation for your losses and expenses.

zeego

Once the insurance adjuster receives all the information (medical bills/damage) needed to write a final report, the payout shouldn't take too long. The more complex the claim, the more time it takes to close. Instead of writing a simple email with an estimate, I would write a detailed estimate of the damages incurred to your bike. Write down everything involved needed to get you back "to where you were before the accident." This called indemnification. Keep in mind that the insurance company may give you Actual Cash Value of your bike which is the CURRENT cost of the bike minus wear and tear incurred. That means if you paid $1500 for a bike 5 years ago, you won't get $1500. You'll essentially get what the bike would be worth in todays market.

Glad to see you're okay and don't hesitate for a minute to keep the insurance companies involved on the ball. Call 3x a week, etc.

KonaRider125

There really needs to be a Federal law that makes hitting a cyclist with your vehicle punishable by a minimum 5 years in prison. Might be people drive a little more carefully around cyclists.

bt

use your brain before posting

Mvcrash

An attorney is the best way to go, but a phone call to your car/homeowners insurance companies if you have them cannot hurt. You would be surprised at the assistance they can lend.

gregf83 

Don't be in a hurry to settle the personal injury part until you're confident you have no lingering injuries. They should be able to pay out the property damage part fairly quickly.

raqball

They are called 'accidents' for a reason! If it were an intentional act then yes something along the lines of aggravated battery would apply and that is a pretty serious offense..

fstshrk

It is only an accident if the motorist were paying attention. But most of them I see on the road are texting, drinking coffee, tending to their kids in the back etc. There is a line into gross negligence that gets crossed more often than you think.

Leinster

A guy I occasionally ride with got caught up in this. His locally custom built frame got totalled in a parking lot by an inattentive driver (the bike was leaning against a fence at the time, so no injuries involved thankfully). The insurance company came back to him with estimates based on depreciation and "similar bikes available in your area," but he went to great pains to explain that no, this bike is a one-of-a-kind, custom-built to his specs, and has to be rebuilt from scratch to replace like with like. Last i heard, he put the deposit down with the frame builder to start a new one, and sent the bill to the insurance co.

BigJeff

That's why I'm Going with a full quote from a shop is best, since they can accurately price out a total replacement cost and not just rough estimates.

mprelaw

The first round of medical expenses will be covered under the driver's automobile medical, or PIP coverage. This is "no-fault" virtually everywhere now. The policy limits are usually a couple of thousand or so. After that, her personal injury limits come into play. If she's living at home, with her parents, in some states her parents' policy might come into play as well. This sounds like it might be the case, based on what was said about multiple people having personal injury liability. Deal with each aspect separately. The property damage claim should settle quickly. As others have said, what they will likely offer you is actual cash value, not full replacement cost. But you should still get a replacement cost estimate from your shop. And ask them if they will hold the bike there in the event that the insurer wants to have an appraiser look at it. Don't forget to include anything that was on the bike, or on you, in the property damage claim. Were your clothes torn? If you were wearing a helmet, did it suffer an impact that may have compromised it? Was there anything on the bike that was upgraded like the wheels or saddle? Were the upgraded components damaged? Most shops that have been in business for any length of time have experience in dealing with bikes damaged in motor vehicle impacts. They should help guide you through it and deal with the adjuster. It would be a nice gesture if you would return the favor by buying your replacement bike there.

Now, on the issue of the personal injury claim, most companies will settle a property damage claim promptly without asking you for a release from personal injury liability. Of course, you should read any release carefully before signing it. Should you get a lawyer? That's your call, but if all you have is road rash, and no other injuries beyond that, will a lawyer get you any more money for pain and suffering than what they are going to offer you? Will he or she get you at least a third more P&S money than you could get yourself? Many insurance companies base an award for P&S on a multiple of your actual medical costs. If you had broken bones, soft tissue damage, loss of wages, permanent disfigurement, major medical costs beyond her PIP policy limits, surgery, extensive rehab, permanent loss of use in a limb, any of that, then you need a lawyer and you need one right now. Just road rash? My sense is, it won't pay off in the long run. But by all means go and get yourself checked out. Your primary care doctor will bill her insurer directly under her PIP once you give him or her the claim number.

mike12

Glad you are OK!!!

I was hit by a car less than a month ago. Scratched up my bike & gear. I also had road rash. The lady that hit me was ticketed as well. Her insurance was Nationwide & the process was much like an automobile accident. I was assigned an adjuster for the claim. He asked for estimates for the repairs needed to the bike (mine wasn't totaled) and websites where he could determine the value of my gear that was damaged. They have already sent me a check for the damages. It was a very easy process for me. I knew I wasn't seriously injured & just wanted my bike repaired & gear replaced. I told this to the adjuster & they were thankful and very easy to work with.

mprelaw

For future reference, you have nothing to lose by having an ambulance respond and going to the ER to get checked out right away. This will be covered by the driver's PIP. If you had rash on your head, your head impacted the ground. Even if you didn't go to the ER, the EMT in the ambulance would have checked you for signs of a head injury, and could have treated the road rash then and there. Plus, soft tissue injuries can be masked at first by the trauma of being hit and the adrenaline that kicks in. You can always get the claim number when you report the incident to the driver's carrier and open the claim, and provide that to the hospital's billing department a day or two after you're treated. They will bill the insurer directly. If the total cost for the ambulance and treatment exceeds PIP limits, you will eventually get reimbursed for any out of pocket costs through the personal injury settlement. An MRI, for example, will often eat up the bulk of the PIP limits.

BigJeff

Thanks

i did the ER visit with full x-Rays and a cat scan and now I'm doing the chiropractor visits twice a week for the muscle strain and neck & back pAin. Anything that is t billed directly her insurance said to just submit photo copies of the receipts.

Full recitification of the totaled bike and gear is what I expect. My adjuster was out Friday so I'll hope put have a plan for this on Monday.

I

RobbieTunes

Like others have said, the bike is valued at Actual Cash Value, which states define differently, but is generally what you could either buy or sell the bike for, without being compelled to do so, before the accident. It could be market value, if an example is found just like yours, but the condition of the example cannot be verified, whereas yours can, by simple inspection. Some states go with the price of a new bike, less straight-line depreciation per year, which isn't always very accurate, but if it's the law, it's the law.

I settle bike claims, and the best way to get your bike valued is to go back in time. Start with the bike you bought, and detail what you've done to upgrade it or improve it. Saddle changes, new tires, wheel upgrades, components, add them in. If you built the bike from a frame up, make a list of the components and accurate costs, plus labor (generally, a bike build is about $200 in labor). I've seen $1100 paid for a 1987 Centurion Ironman, because that's what the build sheet said. I've also seen people, especially triathletes, claim their bike is worth $4500 when a newer one, still in the box, is still available on line for $2700. I've seen experienced cyclists lie about everything from their bottle cage types to their cranksets, even while the actual crankset is perfectly visible in pictures. I've seen shops back them up, until an adjuster who is a cyclist calls their bluff, and then the spectre of insurance fraud tends to hover over the claim. If a PowerTap hub is available for $1200, and the shop says $1899, don't trust that shop.

If you're straight up, simply provide information. Any adjuster, given information to support a claim, without some kind of exxageration, will gladly put the information in the file and pay the claim, then move on to the next bike or car or ATV. Ask for something for not being able to ride the bike, like a 1-week allowance (called Loss of Use). Doesn't hurt to ask about it. It also doesn't hurt to negotiate a bit. It's acually kind of fun. Do not forget to add for ripped or torn clothing, backpack, etc. Personal property is all of it.

As far as the injury claim, only you would know. Always get checked out. In many areas, a chiropractor's bills can be suspect, and will not always count 100% towards the "repair cost" of your body. They charge one fee for an adjustment, but another for putting a pillow under your head or a TENS unit (electronic placebo). If you have road rash, get pictures, and I'd probably wait to make sure there is no permanent scarring. It's a hassle to collect all the bills, lost wage information, and then present it. A lawyer won't do it. He/She will write a letter, and some paralegal will do all the work, and 1/3 of your money goes to the firm. Most states prohibit valuing a claim with legal fees in mind. It's your money you're giving up, and if you think the presence of an attorney is raising that amount by much, you're wrong. Most companies use software now that spits out a range, and that range is the settlement, regardless of whether you hire a mouthpiece or not.

I'd probably try it without an attorney, give the insurance carrier a chance to be fair, and if not, you can get one at that time. You never know, you may be surprised. I have not once met a personal injury lawyer who wasn't only about the money, or was even semi-honest. They're not the bottom of the barrell of the profession for nothing. If personal injury attorneys were so great, why don't they negotiate their contingency fees on claims that take perhaps 2 hours of their paralegal's time, and one phone call to negotiate a settlement?

Many people who hire attorneys on personal injury claims never know what the true settlement was. The attorneys negotiate the settlement, THEN they negotiate with the chiropractors and medical providers to reduce the bill, call your health insurance company without telling you, apply the Med Pay without telling you, and what you think is 5000 in meds and a 15000 settlement, with 1/3 going to the attorney, the meds being paid, and you getting 5000 really is 5000 to you, 2600 in negotiated meds, and the attorney geting 7400. Bank on that. 99.9% of chiropractors have agreements with personal injury attorneys to cut their bills.

Many people who hire attorneys on personal injury claims really do need them, because it can get complicated, time-consuming, and frustrating. There are more than enough attorneys to meet this demand, and the rest have to advertise in order to create that injury claim in your mind before it ever happens. Every time you buy a product, realize that the price is inflated because of the ambulance-chasers, from a taco to a stepladder to a can of soda. They create no product, change no facts, but are simply parasites on the system, draining money and productivity from our economy. If you think the insurers are making a ton, compare their profits to the personal injury bar in any state. You'll see the bar's profits dwarf the insurers' and the bar employs maybe 1/200th of the people.

Also, don't trust anyone giving you advice on Bike Forums if it's not about a bike. Me included. Good luck, and I'm glad you're here to tell us about it.

profjmb

What he said

bt

sue everybody

RobbieTunes

Neither of you have any idea what you are talking about.

RobbieTunes

Which you can get without an attorney. You sound as if the attorney makes it happen. He just collects part of the injured person's share. Quit watching daytime TV.

profjmb

Well, actually, I was hit by a car November 2012. I retained a lawyer and settled for at least $100,000 more than I would have agreed to if I'd just talked to their insurance company. It is true that I don't know the extent of OP's injuries, but neither do you. It is worth talking to a lawyer to see if it's worth your while retaining one. If it's not, the lawyer will tell you.

Given my own experiences, RobbieTunes does not strike me as someone who knows what he is talking about.

gregf83 

Also realize the products you buy are safer because of the adversarial legal system you have. It's not perfect but the alternative isn't any better, and in many cases much worse.

bt

you mean if it's worth the lawyers time or not, he'll tell you.

profjmb

True, but because lawyers get 1/3 of what you get, they don't really screw you. There are certainly circumstances in which one doesn't need to retain a lawyer. I don't think the people on this forum (including me) are as good a judge of when those situations are as lawyers are.