Buddy of mine was hit by a car while riding home from work. He’s relatively okay, bike is in pieces.
I am going to avoid providing any details on what “actually” happened because this is a public forum and honestly, I don’t really know because I wasn’t there. But several things that make this complicated.
We’re in Hawaii, he was hit by a tourist who is from Australia, believed to be in a rental car.
The driver did stop, and was questioned by police, but my friend was basically loaded right into the ambulance. Broken collar bone, facial injuries. Bike is totaled, and it’s not a walmart bike.
Even though I’m not going to provide details on what happened, I can say with almost certainty, the driver was in the wrong, and probably should be ticketed for traffic violations.
The police took a brief statement from my friend at the scene, but have not contacted him since (about 7 hours now).
ETA - my friend doesn’t have auto insurance for himself…he doesn’t own a car, so he doesn’t have an insurance company to bat for him…if that matters.
What should be his first steps? He still doesn’t know the driver’s information, insurance status (rental insurance or personal), how long he is going to still be here, etc. Any experience dealing with claims with a foreigner or insurance companies that may not operate in the US? What types of things should (other than the obvious medical bills from the hospital) should he be documenting for compensation. He works part time as a waiter, and will be out of work for some time. I also don’t know how this may impact his medical coverage as a part time worker who will now fall below 20 hours per week.
I told him he should consider a lawyer given the expenses could pile up…especially with loss wages. If he goes that route, what type of stipulations should he be looking for when choosing a lawyer? Or what are the circumstances that indicates whether a lawyer is worth it or not?
If he retains a lawyer they will handle most of the document collections. He should get a police report, written statements, there probably are some accident reporting required x days after the accident. This is where you want a lawyer, they will make sure he has his ducks in a row. He will need to document lost time at work.
Typically a lawyer on retainer will not expect any payment unless there is a settlement, then they will retain 30% or 1/3 or whatever their retainer is.
He should hire a lawyer ASAP, and make sure the lawyer knows how to navigate the foreign issues. I am sure in Hawaii this shouldn’t be too hard. He does not and will not have the mental capacity to get all of this shit straight. His focus will be and should be on healing.
He should not speak to the driver’s insurance, or his insurance. The lawyer will handle all of that.
It has been 51 weeks since my “incident,” it is a slow process. The most important thing is that your friend have some strong emotional support, this is a traumatic event, I wince and get a stomach knot every time I think a car doesn’t see me, whether I am on my bike or in a car.
To expand on that (not just to you, but to the broader audience), because he was loaded up in the ambulance before the police report was finalized (at least that’s what I understand), is there anything he can do to amend the report if it had inaccuracies in it or if he wants to add to it? If so, should he contact a lawyer first?
Given that its Hawai’i and likely Oahu, if your friend’s bike doesn’t have a registration sticker, he can expect to be ticketed. Doesn’t matter that he was the one hit and injured. Just to add insult to injury.
Reach out to local counsel (I’m sure they deal with this EXACT situation all the time)Contact the police again to get info on the driver and/or get the report once it’s finalizedState of Hawaii DOES have a crime victims comp program, which may be of some help esp if he can’t find info on the driver, here. He could potentially go after the rental car company as well if they didn’t require insurance for the driver or have him buy additional.
He’s talked to other people and they all say the same. Get a lawyer, and let them earn their pay by handling everything and staying out of it unless necessary.
The police report is not the end of the story. In a civil lawsuit, often big chunks of the report can even come into evidence. Basically, with some exceptions, cops, who did not see the accident, telling you what they heard happened after they showed up is not admissible evidence. They are more often than not 100% correct in their conclusions and you do want a copy of the report but you can not go into court and just have the officer read “Bob the witness told me the guy ran the red light and hit the guy on the bike.” The trial, or more importantly the threat of a trial, will consist of the actual parties and witnesses telling their stories. You need a lawyer to put that all together since he will have tools, and experience, you can not match.
As for adding to or supplementing the police report, that is another reason to hire a lawyer. Even if given your friend’s early exist from the scene means the cops are still wiling to take a statement from him, that may not be advisable at this point.
I was hit by a car (not on a bike) in college. Biggest mistake was not getting a lawyer immediately. Didn’t like the idea of getting a lawyer, but it was necessary. As soon as the first adjuster (very nice lady who came visit me at my apartment) saw I was covered in road rash with a broken jaw, the case was handed over to another guy who proceeded to fight back on pretty much anything I claimed was wrong (from scars, to future jaw surgeries, etc.). Got a lawyer after a few months of that back and forth. It’s kind of a sleazy game. But unless you play it, the insurance agent will try to de-legitimize your claims.
In terms of the driver being foreign, they are required to have insurance to drive the rental car. So, it shouldn’t be too complicated. If not, then I’m sure your friend’s future lawyer is probably going to get wide eyed when he gets to go after the rental car agency.
I was hit by a car and wasn’t conscious when they took me a way but luckily the driver stopped and met with the police. My brother came to the hospital and the next day contacted a lawyer. I had insurance so when the medical bills started rolling in, the lawyer wrote all of them saying they would be paid out of the settlement and that kept them off my back, worth the cost alone.
I stayed completely out of everything and the lawyer would give me periodic updates and that was perfect for me.
It would be a big mistake if he didn’t get a lawyer. My brother found one experienced in handling bicycle/car accidents and that was a good choice.
Given that its Hawai’i and likely Oahu, if your friend’s bike doesn’t have a registration sticker, he can expect to be ticketed. Doesn’t matter that he was the one hit and injured. Just to add insult to injury.
Whaaaat? When did that begin?!
I lived there 2008-2014, was case for multiple friends that had incidents. Bikes purchased there are no problem because you don’t leave shop without the registration sticker but most people never bother to register bikes they bring from elsewhere.
He should probably stop talking to anyone about what happened, including both the police and any insurance companies. The more he talks, the more the attorneys for the driver can punch holes in what he says and find things that just don’t seem to add up.
Then he should start shopping for an ambulance chaser. The lawyer will make money and might share some of what is left over.
He should probably stop talking to anyone about what happened, including both the police and any insurance companies. The more he talks, the more the attorneys for the driver can punch holes in what he says and find things that just don’t seem to add up.
Then he should start shopping for an ambulance chaser. The lawyer will make money and might share some of what is left over.
He hasn’t talked to anyone except for close friends via text. No social media posts.
I also told him to get the police report, but don’t answer any questions…let the lawyer do what he’s good at. You’re gonna pay him, so don’t do his work for him.
www.bikelaw.com. The source for information and help. Most of the bicycle law attorneys you know are in the network.
Seconded…Bike Law is who I used and they were great. It was very nice to have an attorney that knew the cycling laws, were riders themselves, etc.
X3, bikelaw.com is the place to start. I ride with the guy who runs the local affiliate of that site and he is the first person my wife would call if I got hit by a car. I had a friend make the mistake of hiring a regular “personal injury” attorney who had never had a bike case before, that was over a year ago and he hasn’t seen a dime but has seen plenty of collection notices. You want someone who specializes in bike vs. car stuff and understands what is going on.
I don’t normally advocate going straight to the lawyer when car crashes happen, but the more bike vs. car accidents I see the more I tend to think the lawyer route is the way to go. There is a lot that goes in to coming back from getting hit by a car, injuries from that sort of accident can affect you for a very long time. But with the out of country driver, rental car, no auto insurance himself, lawyer is definitely the way to go.
I don’t normally advocate going straight to the lawyer when car crashes happen, but the more bike vs. car accidents I see the more I tend to think the lawyer route is the way to go. There is a lot that goes in to coming back from getting hit by a car, injuries from that sort of accident can affect you for a very long time. But with the out of country driver, rental car, no auto insurance himself, lawyer is definitely the way to go.
Agreed. I would normally not go near an attorney if at all possible, but bikes are simply not covered effectively by the laws themselves. This would change a good deal if states adopted vulnerable user laws.