Cory,
All the best. You sound like you’re in good spirits about it.
I’ve been there, done that, got the T-shirt and all that. Per the posts about lawyers and lawsuits. I agree you should have a lawyer or someone with a very strong legal background to help you in dealing with the insurance company. Don’t be naive. They WILL try to stiff you. I do NOT agree that you have to sue. That’s ridiculous. The insurance companies will try to get away with paying as little as possible and they have certain games they play to accomplish that. They win easily when their opponents don’t know the game. If you have a lawyer who knows the game, you should be fine.
You say it was clearly the drivers fault. Was the driver cited in any way (issued any kind of ticket)? Is there an accident report that clearly states that the driver was at fault? If not, then while all this is fresh, I’d get in touch with the officer who responded at the scene and be sure their report makes it clear who was at fault. I was fortunate when I was hit that the officer cited the driver and indicated they were at fault in their report. It left the insurance company with no argument. Also, were there witnesses? If so, get names and addresses right away if you can.
Be very careful if someone comes into your room at the hospital and asks you to sign something. This is incredibly sleazy, but it’s true. The insurance company for the person who hit me was Nationwide and they sent someone into my hospital room while I was heavily sedated and on morphine and the person tried to get me to sign a document that would have completely released them and their client of ALL liability in the matter. A lot of people shove papers at you when you’re in the hospital. Take a moment and be sure you know what you’re signing. Also, property settlements (like for you broken bike) will be separate from the rest of the settlement and should come through quickly. Nationwide also tried to trick me by handing me a property settlement check accompanied by a letter saying that my endorsement of the check fully released them from ALL liability including medical expenses and other damages. WRONG! They didn’t get away with that, either. They’ll try all these kinds of sleazy things. It’s what they do. If you don’t know the game, get someone on your side who does.
And as another poster suggested, document what you’re going through. I kept a daily log. Document the pain you feel each day, the meds you have to take, the procedures you have to endure, the racing and training you’re missing, the work/school you’re missing. (Heck, there’s little else you can do while you’re convalescing, right?) It’ll be a year or more before you’re sitting at a table negotiating the final insurance settlement. If they know you’ve got that log and are ready for court, were it to come to that, they’ll do what they have to so it doesn’t come to that.
This all sounds ominous, but it’s not. It’s just a sleazy little game. Again, get a player on your side.
I hope you bounce back in a hurry.
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