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Discussion Starter · #1 ·
On my way to work this morning, yellow cab pulled a uturn out of nowhere, I went thru the back passenger side window with my head I guess? Somehow all that happened to me was a broken bone in my hand, 3 stitches and not knowing what was goiing on for most of the day.
My question is, how much stress can an aluminum f/f handle? I was probably doing 20mph and had no time to slow down at all(the people around were surprised to see me standing after seeing what I did to the door).
I've already called a couple of lawyers, so I'm gunna get it all straightened out, just not sure if I should go for "actual" cost of repairs, or just try and get a new bike out of it?

And no, I wasn't wearing a helmet, but will be from now on.
 

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first off thank god you're okay. and +10 on knowing to wear a helmet now. As far as a lawyer you should go for whatever you can. Simply repairing the bike isnt always fair because this has dfinately put you out in more ways then a bicycle.
 

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Replacement!!
That's a lot of stress for any frame/fork to handle. Shux, the "actual" cost of repairs is a complete new bike. Everything, wheels,frame,group,saddle,bars, you know, Everything.

Now go post on that helmet thread!
 

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It's all in the negotiations.
A lawyer will take 1/3 to 1/2 of your settlement. (this why I did all the negotiations myself)
Take your bike to your friendly LBS and let them know that you will give them all the business that they put on their estimate.
The cab's insurance should pay for your hospital and doctor work, even if your own insurance covered it. This is called subjugation. They should also cover your pain and suffering.
Make sure that your frame is checked completely, and all the components. Remember that frames and components can fail at a later date and cause catastrophic injuries.........Remember that phrase......"catastrophic injuries"
Strange as it seems, just about everyone of my 7700 components was damaged by the nice lady that hit me. Since, at the time, Shimano was no longer producing 7700 components, the nice lady's insurance company had to cough up money for 7800 components.
 

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Discussion Starter · #5 ·
Thanks for the advice. I'm to embarrassed to post in that other thread... I should have known better after seeing all of that on the news.

Fortunately, I have relationships with a handful of LBS's that go back 10+ years... Catastrophic failure of parts is something I will mention, and also the time of of my bikes.

I'm supposed to speak with one of the lawyers I emailed tomorrow morning, so I guess we'll hope for the best. Cabs have millions of dollars worth of insurance on them....
 

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Some people suggest you to go to your doctor; make sure any injuries that may arise as a result of this incident are handled now, when they are willing to belly up, than later, which may lead you into paying your own medical fees.
 

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haole from the mainland
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New bike plus a bit of pain and suffering. Try and negotiate with the cab's insurance company before calling a vulture, er, lawyer.
 

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sonic_W said:
Some people suggest you to go to your doctor; make sure any injuries that may arise as a result of this incident are handled now, when they are willing to belly up, than later, which may lead you into paying your own medical fees.
+10 on the doctor checkup. Would hate to see you play nice and then find a delayed injury later on. You are also a serious candidate for a concussion if you went through the door glass at 20+ mph. Play it safe and go get checked out.
 

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Discussion Starter · #9 ·
Already spoke to a lawyer. I figure he'll be able to pry whatever he can out of them more then I could... And I feel like with the way the world is now, everyone needs whatever clients they can get.

Will make a doc. appointment for next week...
 

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Don't think you are being greedy by asking for money. My wife took what she thought was a fair settlement after a car crash. Now a couple years later she has nagging pains that require treatment and she is afraid that maybe she didn't get enough.
 

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The Wife and I suggest getting an MRI and any other test to make sure you're okay. You're worth it aren't you? HAving dealt with insurance companies myself after accidents both as a LBS manager and as an injured party, you should try the insurance company first before getting a lawyer. Most times they will make you "whole" again. Get a copy of the police report and witness statements just in case you need to quote for effect. While I like a couple of lawyers in my riding group, they've both admitted most civil matters don't require their attention. Good luck and get a helmet.
 

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sonic_W said:
Some people suggest you to go to your doctor; make sure any injuries that may arise as a result of this incident are handled now, when they are willing to belly up, than later, which may lead you into paying your own medical fees.
I agree. Think about what happened to Natasha Richardson. Who knows what kind of outcome you have in the future from your injuries. Arthritis comes to mind at the very least.
 

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First off.. Good luck and I'm glad you're ok. Secondly... Get a helmet and glue it to your head...
Third.. Replace the bike. Don't repair it. I'd be willing to bed if you hit head on like that the headtube junctions are now stressed. Might last for a few more years.. a few more rides.. a few minutes.. You don't know. So DON'T risk it. Faceplanting at 30mph because your frame implodes isn't fun..
 

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Discussion Starter · #15 ·
I'm going with a lawyer for 2 reasons. 1. I'd rather be able to push it all off onto someone else. 2. The economy is ****ed. Simple as that.
I just went thru the paper work I received from the hospital(I guess hospitals in manhattan don't believe in going through it with you...) and it turns out they did check my head to an extent and called it a mild concussion. I should probably get a second opinion, but being young and naive, I probably won't...
My lawyer(should I say attorney?) told me that my bike was a fraction of the money that I will get for my hand... so that's cool. And I am not feeling greedy at all, this is the american way and on top of that, I almost get killed by cabs(at their fault) atleast 3x a week.

Going to a LBS tomorrow to get a receipt and stuff.
 

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You routinely "almost get killed" by cabbies, and still don't wear a helmet? And your concussion altered your brain enough to think you need legal repre$entation on this? Congrats on your getting far less than you would if you did it yourself.

The insurance carrier for the driver who made the u-turn in front of me a couple months ago agreed to 100% fault. No money-grubbing lawyer to mess with. And plenty of settlement money, including pain & suffering. While you cannot completely trust an insurance company, either, at least they try to come to a fair agreement. If they get to deal with a lawyer, I'm sure they pit their toughest adjuster against them. An attorney doesn't just look out for your interests; he looks out for his own.
 

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sxebmx said:
I'm going with a lawyer for 2 reasons. 1. I'd rather be able to push it all off onto someone else. 2. The economy is ****ed. Simple as that.
I just went thru the paper work I received from the hospital(I guess hospitals in manhattan don't believe in going through it with you...) and it turns out they did check my head to an extent and called it a mild concussion. I should probably get a second opinion, but being young and naive, I probably won't...
My lawyer(should I say attorney?) told me that my bike was a fraction of the money that I will get for my hand... so that's cool. And I am not feeling greedy at all, this is the american way and on top of that, I almost get killed by cabs(at their fault) atleast 3x a week.

Going to a LBS tomorrow to get a receipt and stuff.
You probably figured out by now there are two basic responses to the getting-a-lawyer question: "yes, you should," and "no, you don't need one." I'm firmly in the former camp, because even after the contingency fee, a decent PI attorney will get more in settlement than an amateur. Plus, there is some value in not having to dick around with the thing yourself. (BTW, you could ask your attorney, but I think NY may no longer provide remedy for loss of consortium.)

You shouldn't feel guilty at all for wanting to be made whole after someone's error caused you harm. Good luck with your case.
 

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not always...

I was involved in one car/bike accident in 2005 where the driver made a RH turn in front of me and I slammed into the side of his car. The driver got a careless driving ticket. I submitted my damages to his insurance company and got a letter saying that I was equally at fault and due nothing.

I had no choice but to get a personal injury attorney. The attorney's fees are NOT paid out of the damages that are due to the injured party. The only fees that I paid were minor administrative costs, to collect medical records, documenting my damages. I paid NOTHING up front.

The actual damage to my bike was only $800. I also paid $300 OOP for $2700 in medical bills (covered by my health insurance). In the end, I got $6,500, the medical insurance company settled for $1000 and the attorneys got $5,000. The car insurance company paid out a total of $12,500. It cost me only $600 of that $6500 for the attorney's administrative costs. The attorney fees were paid by the drivers car insurance company, not me. What I got paid was twice my medical bills for pain and suffering, plus my actual bike damages and OOP expenses.
 

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I have no experience on the lawyer-no lawyer debate, so I'll just stick with the question about the bike.

Bikes are pretty strong and can take a beating. Aluminum frames often fare very well even in a pretty decent crash.

Having said that, you should take the bike in to the shop to have it inspected carefully, and have anything that is actually broken replaced. You should NOT ask your shop to automatically write the bike off as totaled. Immoral, not to mention insurance fraud; it is NOT an opportunity to get yourself something nice, despite what others may encourage you to do. Between yourself inspecting your bike and the shop inspecting it, you'll be able to discover just how badly the bike is damaged. You should be able to be compensated by the car's insurance for the bill from the shop charging an hour or two labor to disassemble, inspect, and reassemble the bike, and replacing what parts are broken and unsafe to ride (which possibly could mean replacing the entire bike if the cost of repair would be higher than the cost of a new bike).

Here's a story for you. Had a guy come in our shop last year, told us he had been hit by a car (similar situation, car turned suddenly in front of him), and that he wanted us to write up a receipt so he could claim the bike as a loss, get the insurance money and buy a new bike. We told him we would first inspect the bike to see if it was indeed damaged. Not what he wanted to hear, so he didn't leave the bike. From the few seconds I had it in the stand, the ONLY thing wrong with it was the left brake hood had been knocked out of place (not broken, just turned). Frame didn't even have a scratch, wheels looked true (didn't get a chance to put them in a truing stand, but quite true from a quick spin and glance at the brake pad clearance). Basically, the guy just saw the accident as his great fortune to get a new bike. Several months later he called again asking us again to write up a receipt for him, apparently he hadn't found another shop who would write his bike off as a complete loss. We aren't keen on participating in insurance fraud, so until he'll leave it for a proper inspection, he'll get no write-up from us.

It irks me that so many have jumped to give you advice to demand a new bike without even considering looking to see if there is even any damage to it. It represents what is wrong with our country today---gimme gimme gimme, ooh, someone else made a mistake, now I can take advantage, let the government bail me out of my own stupidity, aarrgh!

And yes, definitely get checked out by a doctor. Just as you bike should be inspected, you'll want your body inspected. Hand and head, since you mentioned a concussion and broken hand. Obviously from my previous comments, I don't believe in pursuing unreasonable sums of money, but they should cover your actual medical expenses as well as any monies you may have lost if the accident caused a disruption in your work, as well as any lawyer fees you pay in order to secure the insurance money.
 
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