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Discussion Starter · #1 ·
I just got back from the ER after getting hit by a car. A lady was looking to make a left U turn, when she couldn't she darted right from the left lane, and there I was. I nailed her right door with left side of my body, ripping out the side mirror with my elbow and going airborne on to her hood and tumbling down to the pavement. I've never been hit by a car before...it is not fun. Damage report: bruised left elbow, but happy to report that the side mirror lost that battle; smashed my mouth and cut both upper and lower lips, left knee and ankle are severely bruised; the mandatory road rash; and my neck is very stiff. Nothing broke, except for my bike :mad2: : front wheel is not round anymore, and I think I bent the seat stays on my frame. I have not had a chance to do a deep inspection yet, too busy licking my wounds.

There have been a few posts lately on close calls and other accidents, so I thought I share. Be careful!!! Lots of whacked out drivers out there. I'll be waiting for the insurance company to call...another first and I am sure interesting event to be.
 

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Glad you are OK. I imagine that most accidents happen when drivers are not doing what they should do. She should have either made the left U turn if it was legal or turned around by making legal turns at the next intersection.
 

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Poppadaddio said:
LAWYER UP! Don't sign anything until you do.
+10000000.
.
 

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Devoid of all flim-flam
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Don't hesitate. Call a lawyer. If the lawyer you call can't help you, he/she will refer you to one who can. It's a no-brainer. A must-do. Especially since the crash earned you a trip to the ER.

Best of luck. I hope for your speedy recovery.
 

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A note on lawyers. Call sooner that later. First thing they'll do is take pics. If you wait until your injuries are all better you loose your best tool against her insurance company. Good luck
 

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Cycling induced anoesis
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Glad you're ok (most important), but I agree that you should contact a lawyer ASAP. Insurance "adjusters" are pros and you presumably are not (at least not in THAT business), so you need one to represent your interests.
 

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Besides retaining a good lawyer to represent you in your claim for damages, suggest you also enlist the aid of your LBS to adjust the claim for your lost bike. Sounds like it it totaled if you have been tubes. Similar thing happened to a friend on Easter Sunday when a car turning right across a bike lane to get to church didn't see my friends in a pace line and the lead rider pretty much took out the right side of the car. His injuries weren't as severe as those you describe but his bike, a Look 486, was totalled. Our LBS owner helped him out and he did quite well with the Adjuster. The adjuster actually used a 30 year useful life on the bike to calculate depreciation and you can imagine how well that worked for my friend whose bike was about 4 years old.
 

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There is no need for you to call a lawyer for replacing your property, unless you start getting jerked around--- which is rare. Property damage is easily definable and finite in its value.

If you run into injuries where you are unable to work, that is a different story---
 

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Cycling induced anoesis
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filtersweep said:
There is no need for you to call a lawyer for replacing your property, unless you start getting jerked around--- which is rare. Property damage is easily definable and finite in its value.

If you run into injuries where you are unable to work, that is a different story---
Problem with your plan is that more times than not the injured party doesn't know the extent of those injuries for days (or more) and because they aren't pros (at ins matters) they could be getting jerked around and think they're getting a great deal.

There have been some posts here where people were singing the praises of their settlements (sans lawyer) and IMO they were short changed. The job of the 'adjusters' is to adjust down, not up and pay minimally.
 

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There is no need for you to call a lawyer for replacing your property, unless you start getting jerked around--- which is rare. Property damage is easily definable and finite in its value.
+1.

That's been my experience too. There's nothing really to dispute if the bike is fixable and you've got a quote from the shop. If it's a total loss then have the shop spec a replacement. Same with the ER bills too or if you've got health insurance the out of pocket deductible. Just keep good records.

The road rash, busted lip and sore neck aren't any fun, but I can't see approaching it like you've just won the Powerball.
 

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"Great deal?!" Getting hit isn't like winning the lottery or winning a new bike. Getting a "great deal" is in the eyes of the beholder-- and if someone believes they were treated fairly, that is all that really matters.

I have dealt with insurers for several car accidents-- and when it comes to property I have never had an issue. It is all very straight-forward. A bike (or car) has a definable value (as opposed to a life-time of assisted living, lost income, etc. from a serious accident). If someone doesn't like how the replacement value was calculated, they can always negotiate or hire a lawyer. Of if there is an issue with a driver who is dishonest in reporting the accident, etc... In this case, there appears to be no medical treatment required. Assuming that to be the case, a lawyer is not necessary to sort out the property claim.



PJ352 said:
Problem with your plan is that more times than not the injured party doesn't know the extent of those injuries for days (or more) and because they aren't pros (at ins matters) they could be getting jerked around and think they're getting a great deal.

There have been some posts here where people were singing the praises of their settlements (sans lawyer) and IMO they were short changed. The job of the 'adjusters' is to adjust down, not up and pay minimally.
 

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I hope your injuries are no worse than they seem and that you have a quick recovery Tibu. What interaction did you have with the driver after the crash? Did you call the police? I would have no idea what to do in that circumstance!

Keep a very close eye on your neck and knee in particular. It is common to have injuries get masked by swelling at first.

Glad you are (uh, more or less) OK!
 

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Discussion Starter · #15 ·
SilverStretch said:
I hope your injuries are no worse than they seem and that you have a quick recovery Tibu. What interaction did you have with the driver after the crash? Did you call the police? I would have no idea what to do in that circumstance!

Keep a very close eye on your neck and knee in particular. It is common to have injuries get masked by swelling at first.

Glad you are (uh, more or less) OK!
I was riding with 2 other friends, I was the one in the middle. My friend behind me saw the whole thing happen. Additionally there were plenty of witnesses that stood by and called the Police right away. They dispatched an ambulance and they were there in what seemed like a couple of minutes (great response time). The lady that hit me was very shook up, I am sure she doesn't have a guy landing on her hood very often :D . She kept saying that she didn't see me, which I believe, but with the help of my friend riding behind me and her story we pieced together what happen pretty accurately. The paramedics checked me out thoroughly and offered to give me a ride to the ER; with nothing broken I declined. Wanted to let my wife know what happened and go to the ER with her. The Police did an accident report and took pictures of my injuries and my bike right at the scene. I will get a copy of everything by the end of the week. They also took pictures of the damage to her car, I couldn't believe how much I mangled her car. The lady was very nice. She was crying and freaking out. I spoke with her briefly to assure her that I understood it was an accident; but we did not spent much time talking at all. My riding buddies handled that for me very nicely. Thanks for my friends :thumbsup:

I am debating the lawyer play. I think I will consult with one and wait to see how things shape up. Right now I am going to do a follow up with my personal Dr. tomorrow and make sure I don't have any surprises looming. Like I said before, this is my first encounter with a car...not fun and not like winning the lottery.

BTW, for those that question the use of helmets, mine definately came into play. It did not prevent my mouth from getting banged, but the front right of my head was better off with it on. That side of the helmet has nice gash on it. Also gloves helped. My left hand would have been pretty raw if it wasn't for the gloves.
 

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Another thing to be aware of is the fact that the vehicle involved did sustain damage. Some shifty adjusters will try and assign a percentage of the blame on you due to the damage to the car. If the police report lists that it was 100% the drivers fault then it shouldn't be an issue. Was the woman issued a ticket?
 

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Bummer.

I was hit many years ago on my bike and I still remember it like it was yesterday. Whatever you do, don't let what happened keep you off the bike once you are well enough to ride again (and you either get your steed repaired or replaced).

Good luck!
 

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Discussion Starter · #18 ·
Hmmm, good question about her getting a ticket; don't know. I'll find out when I get a copy of the police report. Thanks for pointing that out.
 

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Cycling induced anoesis
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filtersweep said:
"Great deal?!" Getting hit isn't like winning the lottery or winning a new bike. Getting a "great deal" is in the eyes of the beholder-- and if someone believes they were treated fairly, that is all that really matters.

I have dealt with insurers for several car accidents-- and when it comes to property I have never had an issue. It is all very straight-forward. A bike (or car) has a definable value (as opposed to a life-time of assisted living, lost income, etc. from a serious accident). If someone doesn't like how the replacement value was calculated, they can always negotiate or hire a lawyer. Of if there is an issue with a driver who is dishonest in reporting the accident, etc... In this case, there appears to be no medical treatment required. Assuming that to be the case, a lawyer is not necessary to sort out the property claim.
Really? Gee, thank for pointing that out. :rolleyes:

But while you're dabbling in the inconsequential and making a series of assumptions relating to the unknown, you miss the point. That being, the ins co will happily replace the bike, pay the med bills (plus some) and have you sign releases. Great deal , some would think, but a lawyer would go after full property/ medical compensation, decline signing the release (leaving open the possibility to pursue further/ future damages) and negotiate 'pain and suffering' compensation.

The cyclist getting $5-7k (total) may think they're getting necessary compensation, but the one with the lawyer that got two to four times that along with assurance that future medical issues related to the accident are covered knows they did.

I stand by my recommendation for the OP to retain legal services.
 

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Life handed you a lemon. Make lemonade. Don't dwell on details and what ifs. Put yourself in professional hands.
 
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