soo... i got hit. Advice?
Thread started by
Sudo ride a bike at 06.12.08 - 12:12 pm
Coming home from work yesterday on Barrington just north of Olympic. I was following all the bike riding rules, i was on the right side of the road going with traffic- being an alert, cautious, handsome cyclist when an old lady came out of the parking lot fast and hit me. I actually dont remember anything, but i've got the police report number, her insurance info, and a few numbers of witnesses (which i've already talked to, and is how i know the story).
I woke up in the hospital with a few scraps and bruises, a swelled nose, some stitches, a spring in my step, and a song in my heart.
So i think i know the proper steps to take (i.e. looking at the police report, talking to witnesses, calling her insurance company and going through them) but is there anything i might not think of? Any advice/tips?
O yeah, and lots of love out to the UCLA medical center, since my memory was a little hazy they put up with hearing the same lame jokes over and over and yet still smiled and laughed each time. Great staff.
reply
Dang, sorry to hear that.
You were experiencing memory loss? Were you wearing a helmet?
Eric Hair06.12.08 - 12:24 pm
reply
Sorry to hear about this. Hope you heal fast. Unfortunately I am going to suggest that you get an attorney. I’m dealing with the same thing right now as I was hit two weeks ago. I just decided today that I am going to get an attorney. Basically I have experienced that the insurance company will go from being very nice at first to trying to fuck you over.
wise06.12.08 - 12:44 pm
reply
This is bad enough that you gotta lawyer up.
That's so nutty that you woke up in the hospital. I can't believe they released you already, when clearly you must have knocked your head pretty hard.
Feel better.
Alex Thompson06.12.08 - 12:56 pm
reply
Get a lawyer. But be careful... a bad one will take a huge portion of the settlement.
stillline06.12.08 - 1:01 pm
reply
it's pretty standard for an accident attorney to take 33% (40% if the case lasts more than a year which it always does) of the settlement.
get a lawyer as soon as possible! it's important to get on the case while the iron is hot. its also important to get better and your attorney will be taking care of your medical/physical therapy bills for a while.
onethirtynine06.12.08 - 2:14 pm
reply
First and most, get better, do what you have to do and not do to get better, even if it means missing work or rides.....You want to heal properly, DON'T RUSH YOUR HEALING if you have a spring in your step you are possibly fine.
as someone who has used lawyers and have not used lawyers in personal injury cases, my advices would be:
WAIT!
See what her insurances companies attitude towards you is. If you blacked out, you are looking at big volunteered payout by her insurance company. You may end up getting the same settlement with or without an attorney. If it is the same with the attorney, your legal representative may take 33-1/3 to 40 percent of your settlement, for writing a couple of letters and making a few calls.
Take note of your own insurance situation. Are you insured? what type? is it a HMO PPO, or is it something that approves of your treatment and then pays you back for your bill. Are you not insured, if your not and you get a settlement and the majority of your bills are from the ER, your poverty could get the state to pay for your ER bill through the 50cent per tax that goes to pay for ER cost to those who can't afford it.
Most important is that you get your health back. A attorney may send you to a doctor that is unnecessary and they will send you to a physical therapist that may not be necessary either. They will get a cut of that settlement to pay your bills, they get it off the top and you may not need those therapy. If for some reason you don't get a settlement, you are liable for the fees of there services. On the other hand, those bills will drive your settlement up.
If the insurance company is terrible about responding to taking care of your bills and pain and suffering damage, then by all means you will most likely need some legal representation, to makes those calls and write those letters.
Payment for your accident is usually 3x your hospital bill. 1/3rd for your bills, 1/3rd for your pain and suffering and 1/3rd for your attorney. At 40% you might be only looking at getting 10-20% of the payout for you accident. the 1/3rd formula doesn't work out when the attorney is taking 40%
If you suspect that this lady shouldn't be driving any more. Do her, her family, and everybody a favor and bring her possible lack of ability to not be able to drive properly anymore, to the attention of the DMV.
GOOD LUCK and Ride On!
hipster06.12.08 - 2:15 pm
reply
regarding getting on it while it is hot, remember you have 2 years to collect medical bills and pain and suffering damages.
hipster06.12.08 - 2:16 pm
reply
Am I the only one who doesn't view an accident as an opportunity to rape an insurance company for everything they've got? WHatever happened to recovering your costs and getting on with your life?
ideasculptor06.12.08 - 3:32 pm
reply
"the insurance company will go from being very nice at first to trying to fuck you over. "
agree 100%. it is their fiduciary responsibility to rape your ass. get a good lawyer.
indigis06.12.08 - 3:50 pm
reply
I am relaying a message form Paul because MR crashes the computer he is using today- or something like that?
"i was in a very similar situation.. woke up in the ambulance..
get lawyer.. pronto-> gary brustin - he has a PI that will get statements from everyone involved. it cost like $150 per witness but i don't think it's something you can just go do yourself(could be wrong)
get ur hands on the police report ASAP-- if it's not accurate, file a formal complaint ASAP(my FAIL)
don't expect anyone to be on your side and trust nobody- the system is completely anti cyclist so learn your rights and follow up.. annoy ppl(my FAIL #2)
the above is what i'd do if i had it to do over again. hopefully i won't :-
pb"
shadylane06.12.08 - 3:52 pm
reply
ideasculptor.... I'm with you. but also ask yourself when the last time an insurance company paid out it's fair share in a timely manner with no hassle to a victim of an accident.
Roadblock06.12.08 - 4:01 pm
reply
My insurance has paid up in a timely fashion every time I've had to make a claim. And the amount has been reasonable or open to negotiation every time.
ideasculptor06.12.08 - 5:39 pm
reply
WAIT!!! Don't settle right away! Give it some time.
I recently had a bicycle accident as well. I was released from ER with a broken clavicle, and was told I would not need surgery, just three months in a sling. Two weeks later I went to a specialist to get a second opinion. I found out I needed to have surgery and physical therapy, or I would never regain a full range of motion with my shoulder/arm. After two weeks, the bone had not even started building a bridge - the gap between the two pieces was too large.
Once you settle, the insurance company is not responsible for future medical bills. This is why you are given two years, so you have plenty of time to heal, and determine the total costs.
The insurance company was calling me when I was still in ER. They wanted to meet and settle ASAP. I recommend waiting, give it some time.
havaham06.14.08 - 1:01 pm
reply
I'm still kind of bummed that I let the guy that hit me, get away with it.
In February of '06, I was riding home from work, a short, 1.5 mile jaunt.
As I was rolling by the entrance to this apartment complex, a Scion xB stopped as I was coming, then rolled right into me as went in front of him.
I was thrown from my bike and I've been having problems with one of my fingers due to having landed on it.
That said, I take special care when coming near the entrances of these types of places.
Many a drunk, wannabe gang-banger driving some unfitting, four-wheeler.
bentstrider06.14.08 - 1:27 pm
reply
^^^^ DAMN! I hear about that type of accident a lot!
Let our accidents be a lesson for you all. Make sure you see their eyes before you pass them in front. Otherwise you will never know for sure if they see you. Make some noise too!
And don't ride Kabuki Sky shit faced with a backpack full of beer...
Joe Borfo06.14.08 - 1:34 pm
reply
-->
Ridazz Roulette!
