Login required to started new threads

Login required to post replies

Hit by car- what to do?
Quote | Reply
So I'll try to keep the details to a minimum due to legalities but yesterday I was hit by a car. The driver was at fault and was cited. After the crash, I was taken in an ambulance to the er and treated. Obviously the bike is toast and I will have more doctor visits for follow up and more treatment. I'm also out my entry fee for my upcoming im.

I just wanted to get some advice from others that have gone through the same issue and make sure I get my bills paid

Thanks in advance
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Get a lawyer. That's all you need to worry about.
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Is it illegal to say what happened? I don't understand that.

I know people who have done very well without a lawyer, but it is best to behave like one. See a single doctor who will be able to verify your crash related injuries and the progress of your recovery. Document everything. Keep a diary about it. etc.

The lawyer is going to want 33% off the top of everything, including the direct medical expenses and cost of your bike. It's all the same to the insurance company. So if you think you can do this properly and negotiate against pros, I'd advise doing it yourself. If not, hire an "agent".
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Go with the lawyer and don't be in a hurry to settle. I was hit a couple months ago and while it seemed like a minor crash at the time, I'm still dealing with the ramifications of it. Constant headaches, back pain, etc. The offer that the insurance company gave me for medical and pain & suffering was insulting. Rather than deal with them, I hired a lawyer instead. No outcome yet as I'm still racking up medical bills from various visits to docs.
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
get a lawyer and dont sign anything until you do.
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Called Richard Duquette at http://www.911law.com

He specializes in this, he has been a triathlete since the early 1980's, and long time member of the Triathlon Club of San Diego. Good honest guy. Tell him I sent you.

I get no kickbacks from him, he is just a friend.

Emilio De Soto II
Maker of triathlon clothing, T1 Wetsuits, & Saddle Seat Pads and AXS since 1990
emilio@desotosport.com http://www.desotosport.com
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Get a lawyer. Yes, he'll take 33-40% of whatever you'll recover, but you'll recover so much more with a lawyer that you'll end up with much more in your pocket than going it alone. That and he takes on the headaches of putting the claim together. The insurance company will act very nice but be very cheap if you don't have a lawyer.


<The Dew Abides>
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Things to know:

- first off, their AUTO insurance is your primary insurer in this case. Basically, the driver's body injury liability kicks in first. That covers your bills plus pain/suffering. Then YOUR auto insurance kicks in - underinsured motorist body injury liability coverage & medical coverage kick in. Then your regular health insurance.

We covered a lot of it here after my crash: http://forum.slowtwitch.com/...post=2875620#2875620

There's a ton of good info in there.

EDIT: Sorry, small mistake in here - your auto insurance will not negotiate with the driver's insurance. The negotiation part is up to you. But you still should contact your insurance first, as they - IME, anyway - are usually faster about paying some bills if you need it. You just then reimburse them after the driver's insurance pays you. That can be a long process. I know of some cases where it was 18months before a settlement, and in the interim, the claimant's own insurance covered expenses. But it is different from a vehicle-v-vehicle crash, where the insurers negotiate payment. Sorry...

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
Last edited by: Rappstar: Aug 29, 14 13:23
Quote Reply
Re: Hit by car- what to do? [Rappstar] [ In reply to ]
Quote | Reply
I spoke with my auto insurance but they had told me that I would need to work with the insurance from the responsible party and would not work with them for me. I had originally thought that what you said was the casr. I may have to talk to them again though.
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
ndhoffma wrote:
I spoke with my auto insurance but they had told me that I would need to work with the insurance from the responsible party and would not work with them for me. I had originally thought that what you said was the casr. I may have to talk to them again though.

Get a Lawyer and let them do the talking.
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
No, you weren't driving your car, therefore your auto insurance will not apply.

You will be dealing directly with the other carrier. They should be compensating for your property damage (bike, helmet, clothes, etc) and for your bodily injuries (medical bills, time missed from work, mileage to and from treatment, pain and suffering).

My offers were always 100% the same whether or not the person had an attorney. Where attorneys will sometimes get more money in my experience is simply because they work with a particular doctor to drag out treatment or increase treatments/xrays/scans, etc.

If you want to share particulars on your claim, feel free to PM me. I've been handling claims for over a decade vs. the people in these threads who have N=1 experience at best.
Quote Reply
Re: Hit by car- what to do? [LOW2000] [ In reply to ]
Quote | Reply
LOW2000 wrote:
My offers were always 100% the same whether or not the person had an attorney. Where attorneys will sometimes get more money in my experience is simply because they work with a particular doctor to drag out treatment or increase treatments/xrays/scans, etc.

Are you a lawyer or insurance employee who routinely represents drivers that hit bicyclists? I'm curious what this statement means...

-------------
Ed O'Malley
www.VeloVetta.com
Founder of VeloVetta Cycling Shoes
Instagram • Facebook
Quote Reply
Re: Hit by car- what to do? [RowToTri] [ In reply to ]
Quote | Reply
Not sure about legal issues.....

Having been hit by 2 cars in the past 12 months....do give it enough time for all the injuries to surface...things can seem fine at first and get worse.

All the best to your recovery; I hope you are doing well.
Quote Reply
Re: Hit by car- what to do? [LOW2000] [ In reply to ]
Quote | Reply
LOW2000 wrote:
No, you weren't driving your car, therefore your auto insurance will not apply.

This is absolutely incorrect. As you said, he deals with the other driver's carrier first. But if the driver was uninsured, or if it was a hit-and-run, or if the other driver has inadequate insurance, then your auto insurance is the next party in line. This does depend on state, but in virtually all states, your auto insurance is a party to any incident involving a car, even if you weren't driving.

Now, it is correct that his auto insurance company - UNLIKE in a vehicle-vs-vehicle accident - will not do any negotiating on his behalf. But they are still a potential party to the claim in numerous entirely possible scenarios. And, depending on how good/helpful your insurance company is, they may also cover expenses more rapidly than the other party's insurance, and then you just reimburse your insurer if/when a settlement is reached.

That's the problem with your blanket statement. It's possible that his carrier may never get involved, but it's not at all correct to say that because he wasn't driving, they won't. They just won't get involved in the same way they would in a vehicle-vs-vehicle case.

EDIT: see what my mistake was in my OP. Sorry about that.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
Last edited by: Rappstar: Aug 29, 14 13:24
Quote Reply
Re: Hit by car- what to do? [LOW2000] [ In reply to ]
Quote | Reply
LOW2000 wrote:
No, you weren't driving your car, therefore your auto insurance will not apply.

You will be dealing directly with the other carrier. They should be compensating for your property damage (bike, helmet, clothes, etc) and for your bodily injuries (medical bills, time missed from work, mileage to and from treatment, pain and suffering).

My offers were always 100% the same whether or not the person had an attorney. Where attorneys will sometimes get more money in my experience is simply because they work with a particular doctor to drag out treatment or increase treatments/xrays/scans, etc.

If you want to share particulars on your claim, feel free to PM me. I've been handling claims for over a decade vs. the people in these threads who have N=1 experience at best.

Of course laws vary from state to state, HOWEVER, it does not appear that you really know what you are talking about. The cyclist's insurance certainly may have coverage that could apply. These situations can be complicated and tricky, and many times the adjustor, even if fair, doesn't know what they are talking about.

To the OP: Here is a quick article I wrote on insurance coverage for cyclists some time back . . . When the rainy day comes I'll take time to update it: http://daviddaggett.wordpress.com/...-insurance-coverage/ Additionally here are some YouTube videos on the subject: http://www.youtube.com/...t=PLEC4E3C5E5C2A78BF Again, these may be getting a bit long in the tooth. I am thinking of recording another series of these so please let me know specific questions/topics you would like to see covered.

Best wishes for a speedy recovery,

David
* Ironman for Life! (Blog) * IM Everyday Hero Video * Daggett Shuler Law *
Disclaimer: I have personal and professional relationships with many athletes, vendors, and organizations in the triathlon world.
Quote Reply
Re: Hit by car- what to do? [david] [ In reply to ]
Quote | Reply
You're right, my assumption based on all of his statements that he was to deal with the other carrier directly lead me to assume that the other driver was insured and that UM/UIM would not apply here and my original statements would be correct. If in fact the other driver is uninsured, then yes, in Illinois, using ISO standard language for a sample policy, there would be UM coverage, but still likely not MedPay coverage and he would be subject to the limits of the coverage that he may, or may not have purchased for UM.

Again though seeing as his carrier directed him to the other carrier, that leads me to believe that his coverage will not end up applying here.

As to who/what is primary, while Rapp is correct in theory, in practice, his health insurance will be picking up the tab for all treatment less co-pays/deductibles but they will likely be placing a lien of some sort on any settlement so that they are repaid first by the at-fault party/insurance company.

Now i'll climb back in the cave of big-bad-insurance-company trolls where all we care about is screwing people over, never about actually trying to get them back to pre-loss...
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
In addition to the advice above:

-Take photos of EVERYTHING. Your bike, clothing, wounds (before they heal), etc.

-Log EVERYTHING. How you feel, trouble sleeping, headaches, pains, missed work, missed workouts, missed races, etc.

When you settle, all of this will help you.

The driver's insurance company will start out being really nice; it's a ploy. What they want is to get a statement from you (that they can use against you), and to get you to quickly sign a release of claims in return for them paying your immediate medical bills and property damage (no allowance for future treatment or pain and suffering). Do not talk with them. If you have a lawyer they need to contact them, not you. Insist that any/all correspondence be via email.

ECMGN Therapy Silicon Valley:
Depression, Neurocognitive problems, Dementias (Testing and Evaluation), Trauma and PTSD, Traumatic Brain Injury (TBI)
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
I just recently been through this and I did it on my own to deal with all the process of settling. The outcome was very good, BUT, man that took a lot of time and stress. It drained me out pretty good. I couldn't sleep at night sometimes. So my advice is to get a lawyer. After this experience, I know why we pay lawyers. Get a lawyer and concentrate on your health. Good luck.
Quote Reply
Re: Hit by car- what to do? [Rappstar] [ In reply to ]
Quote | Reply
Rappstar wrote:
LOW2000 wrote:
No, you weren't driving your car, therefore your auto insurance will not apply.


This is absolutely incorrect. As you said, he deals with the other driver's carrier first. But if the driver was uninsured, or if it was a hit-and-run, or if the other driver has inadequate insurance, then your auto insurance is the next party in line. This does depend on state, but in virtually all states, your auto insurance is a party to any incident involving a car, even if you weren't driving.

Now, it is correct that his auto insurance company - UNLIKE in a vehicle-vs-vehicle accident - will not do any negotiating on his behalf. But they are still a potential party to the claim in numerous entirely possible scenarios. And, depending on how good/helpful your insurance company is, they may also cover expenses more rapidly than the other party's insurance, and then you just reimburse your insurer if/when a settlement is reached.

That's the problem with your blanket statement. It's possible that his carrier may never get involved, but it's not at all correct to say that because he wasn't driving, they won't. They just won't get involved in the same way they would in a vehicle-vs-vehicle case.

EDIT: see what my mistake was in my OP. Sorry about that.

I agree. If the driver's policy coverage cannot cover all the damages, medical bills, etc. You can file a claim with your own insurance to cover the rest. I just went through this.

What you have to be careful is to rely on your own insurance to cover your medical bills. They will deny it because they want the car's insurance to pay for it. So avoid getting stuck with the bill. I know because I just went through this.
Quote Reply
Re: Hit by car- what to do? [ndhoffma] [ In reply to ]
Quote | Reply
Glad you're still here to talk to us.

Proud Representative of Slowtwitch Anti-Atheists Society.
Quote Reply