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Got Hit Last Week, Info Needed

Old 04-25-11, 09:36 PM
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wrr1020
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Got Hit Last Week, Info Needed

Hey guys, i posted something similar in the road bike forums the day my accident happened but i thought i'd get some info here since this is the so cal forum. I got doored last week, was going about 22 mph when a guy opened his door and hit the front of my right shoe, fell hard on my left side and messed up my shoulder, stitches on my hand as well. Fell on my head, helmet is cracked and saved my life. I'm extremely lucky to only come out with the injuries i have, bike looks to be fine as well. It's currently at my LBS being examined for any frame damage. 911 was called and a police report has been made

I'm seeking lost work wages, medical bill reimbursement, any bike damage, helmet replacement, shoes, and a new jersey since theirs now a hole in it. I'm seeking pain and suffering money as well, can't ride for a month and can't do a lot of things i previously did prior to this accident. As far as replacing my damaged gear, do i go ahead and replace this now out of pocket or include the amount of what everything is gonna cost to replace and give the amount to the insurance adjuster? I'm only 22 and work part time but seeing as how my job is all physical labor i'm completely useless to them right now. I don't work many hours but every little bit helps so whatever wages lost from this i want to be reimbursed.

I called the guys insurance company and filed a claim already, said an adjuster should be in contact with me by Wednesday. Reading the slip of paper the police officer gave me it said i need to fill out a DMV traffic accident report SR-1. Since i was injured it says any injuries relating to the accident i need to fill out this report, regardless of fault. Police officer said he was at fault. Do i send in a copy of the police report along with the DMV accident report? Just looking for any tips from anyone that has dealt with anything like this before. My first accident and its pretty overwhelming. Will his insurance company pay for everything i'm seeking above or would i have to get a lawyer involved? Thanks a lot.

Last edited by wrr1020; 04-25-11 at 10:27 PM.
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Old 04-25-11, 10:45 PM
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You'll never get as much from the insurance company yourself as an attorney could. The down side is that the attorney is gonna take about a third of the settlement.

If I was you, I'll get an attorney involved. The insurance company is in business to pay as little as possible.

Do not get screwed.

Good luck.

And glad to hear that you were not seriously injured. Heal quickly!
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Old 04-25-11, 11:10 PM
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I agree with Jed19's advice. I was in a similar situation myself, and it wasn't pleasant; I hope you recover quickly.

Don't speak with the insurance adjuster or give any statements to anyone until you've at least talked with an attorney; most personal injury lawyers will see you and spend a few minutes reviewing your case for free. They can usually give you a rough idea of what your case might be worth.

If you have auto insurance yourself, bring a copy of your own policy to the meeting with the attorney. If you have underinsured motorist coverage, this can apply, even if you weren't driving at the time--and as long as you weren't at fault, they can't raise your rates because of a claim. I was injured by a driver who had only the legally-required minimum liability insurance, but because my policy included underinsured motorist protection, I was still compensated reasonably for my injuries.

Ask the attorney if you need to file the SR-1 form; since you weren't operating a motor vehicle, you may not need to do this, and if you file it now, you might give an answer you'll regret later.

Preserve your bicycle and clothing exactly as they were at the time of the accident; this evidence might be important. Don't ride again until your doctor says it's okay.
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Old 04-25-11, 11:15 PM
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Buddy of mine was in an accident where a car darted out of a driveway with out looking, he was going pretty quick (under speed limit) and hit the car, flipping over it. Taco'd the front wheel, and bent his rear seat stays. Luckily all he had was a few light scrapes. He said he wouldn't have tried to go after insurance without a lawyer. Like previously mentioned the best thing you can do is get a lawyer. Yes he may take a good chunk out of what you get but he'll get you what you do deserve. It's a tricky business and you need someone that knows all the loopholes and things you can screw up on. Insurance companies will look for any little mistake or error on your part to get out of having to pay. He'll make sure you don't screw up and end up with nothing.
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Old 04-26-11, 01:09 AM
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If you want to maximize your cash return, talk to a lawyer specializing in personal injuries that is preferably a cyclist. They'll be able to guide you through the "pain and suffering" part of the lawsuit.
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Old 04-26-11, 10:17 AM
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I'd suggest two courses of action, one immediate and one short-term.

Immediate: Read up on how/where/why to find a lawyer & how/what/why to start jotting things down. Find a book from a reputable publisher like Nolo and don't rely on things on the Internet.

Short-Term: Find a lawyer.
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Old 04-26-11, 10:50 AM
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I have worked with this guy before and can rec him...

https://www.geklaw.com/pi_attorneys_krepack.htm
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Old 04-26-11, 11:09 AM
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If you don't want to go with Howard, there's also: https://www.midnightridazz.com/viewPr...hp?userId=4679

or

https://www.candffirm.com/attorneys/Ross+H./Hirsch/
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Old 04-26-11, 01:11 PM
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Any damage to your bike or personal items should be replaced quickly by the guys insurance company if he is fully at fault. The other stuff like pain and suffering and lost wages is the tricky part. When I got hit he guys insurance replaced my bike and all damaged equipment right away. The other stuff took almost two years to get settled so definitely get a lawyer. Any bike stuff you need replaced right away buy it now but save receipts.
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Old 04-26-11, 01:19 PM
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Jed19
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Also, DO NOT SIGN ANY DOCUMENT/RELEASE RIGHT NOW!
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Old 04-26-11, 04:24 PM
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I recommend that accident victims read the articles at this attorney's site: https://911law.com/bicycle-injury/
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Old 04-26-11, 08:51 PM
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The DMV SR-1 form can be found online. Basically this means the driver will get points on his license when the accident is reported. You weren't driving a car so it won't affect you.
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