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Post deleted by mdw_athlt
Last edited by: mdw_athlt: May 9, 24 7:26
Re: Bike Accident - What to Do [mdw_athlt] [ In reply to ]
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Find a bike specialist lawyer. I know of a few in San Diego. Likely lawyer will go after his insurance, hopefully you got that too
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Re: Bike Accident - What to Do [synthetic] [ In reply to ]
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synthetic wrote:
Find a bike specialist lawyer. I know of a few in San Diego. Likely lawyer will go after his insurance, hopefully you got that too
And stop making any public comments about it.
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Re: Bike Accident - What to Do [mdw_athlt] [ In reply to ]
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1.) Don't post about the accident online!
2.) This is most important. Whether you use a lawyer or not. Keep detailed notes and records about everything. Dates, times, outcomes, loss of work, costs, etc.
3.) Write a detailed description of what occurred. Do not deviate from this statement in any conversations or written statements.
4.) If you take this on by yourself- beware of the other persons insurance company. Don't engage in conversations about what happened. Stick to the statement you wrote and what you want. The more you talk, the more they may try to twist the events that occurred. In a best case- Don't give them a verbal statement. Or- Just have your insurance company or lawyer deal with them.
5.) Decide what you want/need to get out of this? Is it just the bike? Is medical? Is it loss or work and/or loss of enjoyment. The more you are seeking, the more that you may need a lawyer.

With respect to bike/gear- Have a shop write up replacement cost for everything. Bike, kit, glasses, helmet, shoes, etc. You shouldn't have to do with messed up shoes or anything.
I am under the opinion that anything that has taken a hard hit should be replaced. Especially if it is carbon. It could fail later. Wheels, fork, bars, frame, etc. You see where I am going with this- You should be asking for a full replacement of bike and kit. If your phone was damaged, you should also ask for that.

With respect to you- Make sure you get checked out by a doctor. If things are jacked up, get treatment. This may be medical, PT, massage, chiro, etc.
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Re: Bike Accident - What to Do [mdw_athlt] [ In reply to ]
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Isn't America great. First thing people think about is suing.

Then--when other posters suggest he not say anything about the accident on a public forum--he deletes his post (thereby protecting his "right" to change the story).
Last edited by: imsparticus: May 9, 24 10:17
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Re: Bike Accident - What to Do [synthetic] [ In reply to ]
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Re: Bike Accident - What to Do [imsparticus] [ In reply to ]
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Without being able to see the original post, what's the problem with someone trying to be made whole? If it was a group ride/race crash, then that's part of the risk you take when participating, but assuming OP was hit by a car or something similar, you're potentially talking about tens of thousands of dollars in damage and medical bills, I'd think that's a very reasonable time to sue.
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Re: Bike Accident - What to Do [imswimmer328] [ In reply to ]
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imswimmer328 wrote:
Without being able to see the original post, what's the problem with someone trying to be made whole? If it was a group ride/race crash, then that's part of the risk you take when participating, but assuming OP was hit by a car or something similar, you're potentially talking about tens of thousands of dollars in damage and medical bills, I'd think that's a very reasonable time to sue.


Sadly, we live in a sue happy society (at least in the US). First reaction is to sue. Personal injury lawyers are not in the business of making their clients whole. They are in the business of making as much money as possible. There are chiropractors who advertise as being "Auto Accident Chiropractors," as if that is a medical specialty. As a result, we all pay more for insurance.

Ask yourself, why the OP deleted his thread. The truth doesn't change. Did he post something he now fears a lawyer will tell him isn't good for his case? Will he now change his story?

BTW, the OP claimed he was hit, but then said something about the driver opening his door into him. But we will never know, because he has reserved the right to change the story. As they say in the mafia, never write when you can speak, and never speak when you can nod.
Last edited by: imsparticus: May 9, 24 17:11
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Re: Bike Accident - What to Do [ In reply to ]
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Take notes about your care such as doctors visits, etc. Keep track of the bills. Hire a cyclist attorney. Take photos.
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Re: Bike Accident - What to Do [imsparticus] [ In reply to ]
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imsparticus wrote:
imswimmer328 wrote:
Without being able to see the original post, what's the problem with someone trying to be made whole? If it was a group ride/race crash, then that's part of the risk you take when participating, but assuming OP was hit by a car or something similar, you're potentially talking about tens of thousands of dollars in damage and medical bills, I'd think that's a very reasonable time to sue.


Sadly, we live in a sue happy society (at least in the US). First reaction is to sue. Personal injury lawyers are not in the business of making their clients whole. They are in the business of making as much money as possible. There are chiropractors who advertise as being "Auto Accident Chiropractors," as it that is a medical specialty. As a result, we all pay more in insurance.

Ask yourself, why the OP deleted his thread. The truth doesn't change. Did he post something he now fears a lawyer will tell him isn't good for his case? Will he now change his story?

BTW, the OP claimed he was hit, but then said something about the driver opening his door into him. But we will never know, because he has reserved the right to change the story. As they say in the mafia, never write when you can speak, and never speak when you can nod.

He deleted his post because the 2nd response suggested it.

Getting a lawyer and keeping your mouth shut is prudent. That doesn't mean we need to jump conclusions that he's filing a lawsuit. It is simple common sense to protect yourself when you're dealing with insurance companies who have far more resources and experience than you do. If someone opened their door into your car as you were driving lawfully within your lane, you'd want it fixed. Same thing for his bike. Nothing wrong with what he is doing.
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Re: Bike Accident - What to Do [imsparticus] [ In reply to ]
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imsparticus wrote:
But we will never know, because he has reserved the right to change the story.

Why do *we* need to know? This is all between the OP, the driver's insurance carrier, and possibly the court.

As for suing, 2 years ago I was rear ended on the freeway while driving to work. The other driver's insurance company settlement offer didn't even cover the cost of replacing my bike rack, let alone the damage done to my car. So going to court was necessary in order to just recover the damages to my car.

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Personal injury lawyers are not in the business of making their clients whole. They are in the business of making as much money as possible.

My experiences with insurance companies are that they are also not in the business of making people whole, but making as much money as possible. Therefore often requiring lawyer involvement in order to get a fair settlement...

"I'm thinking of a number between 1 and 10, and I don't know why!"
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Re: Bike Accident - What to Do [imsparticus] [ In reply to ]
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imsparticus wrote:
Isn't America great. First thing people think about is suing.

Then--when other posters suggest he not say anything about the accident on a public forum--he deletes his post (thereby protecting his "right" to change the story).

It's not about suing or changing your story. In most cases, your private health insurance does not cover medical bills because this falls under the category of a "vehicular accident". The auto insurance companies will fight tooth and nail to avoid paying medical bills and without legal representation the victim can be in the hook for tens of thousands of dollars. I was struck by a car that ran a red light and I had over $40K in hospital bills. Without a knowledgeable lawyer, familiar with the intricacies of insurance claims and personal injury law, representing my interests I would have been screwed. I managed to get all my medical bills paid for and walked away with a few thousand dollars in my pocket for pain and suffering I endured over the following months as I rehabbed my way back to health.

Any cyclist involved in a motor vehicle collision that is not their fault should do the following:

1. Get a police report
2. Get seen by a doctor
3. Contact an attorney
4. Document injuries and equipment damage
5. Don't go on social media or the internet and discuss the incident
6. Be aware that insurance companies will hire investigators to watch your social media, track your activities, and look to "catch" you doing something that your injuries would suggest you shouldn't be.
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Re: Bike Accident - What to Do [crujones#33] [ In reply to ]
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on the note of social media, yes definitely cover your tracks. my wife works for law firms that represent auto insurance companies(pretty much your enemy - BUT if you have very good insurance for yourself, perhaps you can use your insurance's lawyers)
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Re: Bike Accident - What to Do [imsparticus] [ In reply to ]
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imsparticus wrote:
Isn't America great. First thing people think about is suing.

Then--when other posters suggest he not say anything about the accident on a public forum--he deletes his post (thereby protecting his "right" to change the story).

You might get sued for offending Americans?
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