Bike-car accident questions

Oh my gosh, I don't know but I wish you a swift recovery.

what was said above seems pretty accurate. Another thing to consider is contacting your local bike clubs and see if any of them have good connections with any Lawyers familiar with bike laws. They may be able to help things with the insurance/medical bills side as they will know all the right steps. We have a few lawyers around here who specialize in bike accidents (amongst other things) so it is worth looking into I would think.

Talk to a lawyer and do not sign anything the driver's insurance company sends you.

Also, refuse to let them interview you about the accident over the phone. They record the conversation as evidence and you don't have the representation of an attorney. Anything you say is an admission. Also, with the concussion and loss of memory, you really don't know clearly what happened.

Heal up then worry about the financials.

I got hit last year and, eventually, the driver's insurance covered the retail replacement cost for the bike they ruined. It took a battle on my part, but I got what I wanted.

With your injuries, you could hire an attorney who will work on retainer based on a percentage of your settlement if you choose to go that route. They'll trump up the damages sue and settle for a lower amount.

I had a similar accident a couple of years ago. In my case the driver did not stop at a stop sign and there were many witnesses.  Once I knew I was okay medically, I had the driver's insurance replace anything lost or damaged (medical bills, tylenol costs, bike components, helmet, shorts, jersey, socks, shoes, etc) anything that was ripped, scraped, or scuffed, they replaced.  My bike looked like new when the bike shop was done with it and the driver paid for it all.  That was all that I wanted.  

After that request, the insurance guy laughed at me because he said I could have gotten tens of thousands or more of dollars from him and that I was a fool for not taking him for all I could.  I was disgusted at his attitude and proud that I took the high-road and didn't sue for more than I deserved. Get better soon and listen to your doctor about when can you get back on the road, usually a couple of days.  Also expect to be a little nervous the first few rides.  It will pass.

Edited by Rogillio 2009-07-12 12:40 PM

Most states have a lawyer referral service operated by the bar association that's non-profit and serves as both a discounted service to the community and a way for lawyers to get leads. If you don't already have an attorney in a specific field, it's a good way to get discounted advice. The last time I used it was for an employment law issue and I got two hours of advice for $75. That would be my recommendation.

I was a claims adjuster for a car insurance company for about two years, and handled quite a few cases like this one, including a few in PA, although I'm not all that familiar with the individual laws anymore.

1)  It sounds like the accident was the other driver's fault.  Hopefully the police report says the same thing.

Assuming the other driver is liable for the accident.  His insurance is liable for the damages to your bike, any equipment (be sure to get a new helmet!) and eventually your medical bills, and owe you money for the pain and suffering you've incurred as a result of the accident. The driver's insurance company should be able to settle all of the property damage fairly quickly, but the Injury can sometimes take forever, especially if you need any kind of ongoing treatments.  The company will make a one time bodily injury settlement for everything to include all medical bills and your pain and suffering.

As others have suggested, its definitely an option to get a lawyer.  A lawyer will probably be able to negotiate a higher settlement for you, but it will likely take much much longer, and he will typically take a 33% cut for his trouble.  Personally I wouldn't bother with a lawyer for a relatively minor injury, but I also know the business pretty well.

First and foremost DOCUMENT EVERYTHING!  If you have visible injuries, take pictures.  Save all medical bills, keep track of mileage back and forth to any doctor visits, and be sure every bit of your equipment on the bike is accounted for.   If you miss a race or other event because of the accident, bill for the entry fee.  Anything you can quantify and itemize to give the insurance company later on will increase your settlement.

Lastly, the figure the company gives you for your property damage likely will not be negotiable, aside from making sure they pay for anything and everything that was damaged.  The injury settlement on the other hand is an absolute negotiation.  The insurance company's first offer is likely less than half of what they're willing to pay.

Insurance adjusters are overworked and underpaid.  You wasting their time is the best tool you have to make them offer you more money.  Let them know you're willing to settle, and that you want to be done with the entire incident, but the convenience won't come cheap

Edited by JZig 2009-07-12 9:37 PM

Just wanted to agree strongly with the document everything.  I've been hit a couple of times (once as a pedestrian, once as a cyclist- both not at all my fault!) and the injuries weren't as severe as yours, but I learned the second time around to keep a notebook that recorded everything that I did related to the accident.  It's helpful if someone questions something years later (and as was mentioned, if you have ongoing physical therapy you might be dealing with this for years), but also because it's easy to get confused about things or get manufactured memories- like if 3 people tell you what happened, you can vividly imagine the accident and it's easy, if a policeman or insurance person asks you about it, to give not entirely true answers. 
Definitely get checked out thoroughly by a doctor (preferably one who has some experience with athletes).  Also, the insurance company will want you to confirm that you're done with treatment before they pay the bills.  This makes sense, but wait a few days (maybe 10?) after you totally feel better until you make that committment.  If the injuries weren't too bad you just want everything to be over but it's easy to overlook persistent injuries once you start to mend, especially if you're taking any kind of pain pills (even just ibuprofen).  Rest up and hope you are better soon!

Don't forget to document missed work as well. Both for the initial hospital visit and recovery and for any follow-up visits, time on the phone, talking to your lawyer, etc.

Good for you JJohn!

In my expierence, and admittedly I have none with bikes, but plenty with horses, the best thing you should do, as for being scared, is picking up a used/cheap bike or borrowing one and getting to riding it as soon as your doctor says you can. The longer you wait the harder it will be for you to move forward.

Also, take care and good thing you weren't hurt worse.

get a good lawyer,...they owe for everythign. same thing happened to em a while back. be careful.

Thanks so much for all the great info! Lots of stuff I never would have thought of.

I have an appointment with my doctor this afternoon so hopefully I'll know a little more of what to expect as far as recovery goes.

The husband of the lawyer I have dealt with in the past does personal injury work and is going to call me to discuss everything.

Thanks again and wear your helmet!

Art