I am an insurance agent in Georgia, US. I would not get an attorney until it proves necessary. My experience says if you can document your loss you won’t have a problem. Prepare an itemized list of the bike and it’s accessories with pricing. If you have your receipts its a slam dunk in my opinion. Your claim will need to include not only the bike but your time lost from work, any medical expenses incurred, and any future medical expenses. I would try to split the claim into settling the physical damage on the bike right away and handle the medical expenses once you get a complete release from the physician.
Simply be firm. Tell them you expect to be made whole. If they will cooperate you will play nice. If they won’t you intend to
- Hire attorney
- File complaint with insurance commissioner
- Investigate punitive damages
BigMikeGA is giving you good advice. If you can’t or won’t be able to heed it, get an attorney… but it will cost you something, either money or time…
Agree. I got hit by a car in front of probably 50 witnesses; the driver was cited for failing to stop at the stop sign (if she had, she wouldn’t have hit me). I had no problem whatsoever with the driver’s insurance company, and I never even had to threaten to get an attorney. They paid:
- Full cost to replace everything damaged on my bike, plus helmet, etc.
- All medical expenses at full value, even though my health insurance paid 80%+
- “Pain and suffering,” or whatever you want to call it, equal to the above medical expenses. That one was unexpected - I didn’t ask for it; they offered it as part of the settlement.
Could I have gotten more by using an attorney? Maybe; maybe not. But I wasn’t out to get rich off of what in the end was an accident. I just wanted to be made whole, and the driver’s insurance company did well more than that.