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Old 01-21-2005, 02:38 PM   #1 (permalink)
miko
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Hit by a car - got some questions...

A few days a week I like to commute to work by bicycle. It's an 11.3 mile commute each way. Back in early December I was pedaling along and was hit by a car. The car was going in the opposite direction and had stopped waiting to make a left turn across traffic into a business driveway. As I was pedaling my bike past towards that driveway she decided to go. I didn't see her coming until it was too late. She ran straight into me. T-bone style. I came up off the bike, onto the hood which i slid across, into the windsheild and off onto the pavement all on my back. I was wearing a helmet (which never hit anything, no scratches) and a messenger bag filled with my clothing which is what saved my back. All I remember is seeing blue sky and thinking, "hey, this is just like in the movies."
Anyway, I stood up and checked myself out. Not a scratch or a bruise. Just a bruise like pain on my inner thigh which i believe was from catching the bike seat on the way up out of the saddle. This made walking difficult for a few days as the pain grew worse but no big deal. I then looked at my bike which was completely fubared. The woman jumped out of her car more scared than I was. After making sure i was ok, she pulled her car over and gave me her insurance info. I called the police but since I wasn't hurt and didn't need an ambulance they wouldn't come out. TX law. So they told me to stop by a police station and fill out a report which i did the next day. Meanwhile i got to work (after calling my wife for a ride) and called her insurance. Apparently she had already called and started the claim. They asked if i was hurt and i said I seemed to have nothing serious but would be going to the doctor to be fully checked. Kind of skirted around the question not wanting to say no, i'm fine. So now there were two things to deal with.... my bike and my health.

First the bike.
The insurance told me to take the bike to my local bike store and get an estimate on repairs. I did this and faxed it to them. The bike was considered totaled but the fax had an itemized list of the cost to replace each damaged part. After they sent someone to take pics, I received a check in the mail a couple weeks later for the exact amount on the estimate. Good deal. That part is done.

Now the medical.
I went to the doctor first for a full physical. No concusion or any major bruising. Perfect bill of health. Even my cholesterol was in check.
Next I went to the chiropractor since I've had back issues before. Figured this kind of accident could really do some damage that would show up later rather than sooner. Better to be safe.
So now i have a stack of receipts for medical. The insurance company wants me to submit them (i have up to 2 years to do so) and they will reimburse me plus a little extra "for pain and suffering" which they pretty much muttered under their breath.

So this is where my questions come up. I consider myself very lucky to be alive, let alone walk away from that accident without a scratch. And I didn't want to be one of those people who sue at the drop of a hat. Its disgusting what people will sue over and how much they get from settlements. At the same time, I am a little worried that I do not have a lawyer involved in this. I would like my medical expenses reimbursed (most was covered by insurance anyway) and a little something extra for the inconvenience trekking to the different doctors and time off of work, etc. I know a lawyer would salivate over this kind of thing. Man on bike hit by car. She was completely in the wrong and just wasn't paying attention. Coulda been on the cell phone, who knows. Who knows, the lawyer could try to sue for 20k or something which is disgusting. But what i don't want is to get stuck with the insurance company trying to screw me by tossing me like $500 or less. The woman was an idiot and didn't see me in broad daylight wearing bright red clothing coming straight at her. She easily could have killed me. Plain and simple. So where is that line? I feel like they should pay something that hurts them/her just a little. But I don't want an all out law suit. Which way do i go? Is it smarter to hire a lawyer anyway? Is it worth it? Do i just trust the insurance company and hope they don't screw me? is it too late?

Sorry if this rambles at all, part of me is just thinking out loud... but I'd appreciate any advice.

Last edited by miko; 01-21-2005 at 02:42 PM..
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