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." :crazy:
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. :)

Here's what I'd do: recoup any financial losses from loss of work and going to the doctor and move on with my life.

Glad to hear you're ok, btw.

ya, thanks. So far that's been my plan. Just making sure I'm not making some kind of mistake by not having a lawyer.

Well I'm no lawyer, so take my advice at your own risk.

You are lucky to be in such great shape after this incident. Were it me I'd be thankful for that much and continue on with my life. :)

Always call your lawyer, the police, and then the insurance company!

I think it depends on how the woman acted. My girlfriend was in a wreck. The guy didn't see the brake lights apparently and ran straight into her. Also, he had the nerve to get out of his car, cuss her out through the window, get back in his car and drove off..in front of her. She got his tag and what would have been about $100 in damage ended up costing him much more.

If it is the principle, pursue it. Press charges. If you think it was negligence definitely press charges.

From what little I have heard of Texas, you won't have much luck in pressing charges. They don' much like them sissy-pants cyclists down there. I feel for you man. Every member of my family is into cycling and every one of us has been hit by a car. You are very, very fortunate not to be more seriously injured. I think that it is despicable that the cops wouldn't come out to the scene of an accident because you weren't seriously injured. WTF.

Anyway, with the lawyer issue. It sounds like you are heading in the direction of listening to your conscience and just moving on with your life. That is likely the way to go. Any settlement you get through a lawyer could drag out for months or years and might end up leaving you feeling bad about yourself. Probably not worth it.

You mentioned that the insurance company said that you have two years (?) to file your medical claim. While I might not wait that long, you might wait a bit. Medical problems from accidents don't always show up right away. And while you are young now, you can't rule out the possibility that problems will crop up as you get older. Within the next two years? No, probably not. But don't rush to file your claim and sign away your rights to further compensation.

I hope that this hasn't ruined bike commuting for you. It is a wonderful thing to do for yourself fitness and health wise, and a great thing for the environment too.

At this point, you aren't dealing with the driver any more, you are dealing with an insurance company. You really only have two choices; hire a lawyer and see how much you can get or accept the settlement that they offer you, cover your losses and move on with your life. You really can't negotiate an accident settlement with an insurance company by yourself.

If I had any lingering medical problems at all, I'd hire a lawyer. Without them, I'd move on.

My brother got in a car wreck,the other car at fault.Anyways their insurance will cover everything.Let's say there is a dispute over who should pay an medical bill,the insurance company doesn't want pay something,you don't have to pay either and it won't show up in your credit report,no medical bills do.But I wouldn't settle the injury until 6 months to a year.Just in case your really hurt and you just don't know it yet.One more thing if you really are hurt it;s best to get a lawyer with medical problems.

And why wouldn't mediacl bills show up on your credit? Unless you have some magic credit report I can ASSURE you they will show if unpaid, the only difference is it may not list the souce as "Dr. Smith", instead it would read "Medical"

Hell no, I got right back in the saddle so to speak! :thumbsup:
Infact, I wasn't going to sit around and get fat while I waited on the insurance to write me a check so I went out and ordered a new bike. And the day I brought it home I unloaded it from the car, went to get the mail and guess what... the check was there waiting for me. :D
What I can say now though is I always commute with my messenger bag even though i really don't need it now that I also have panniers. I feel more protected with it because of what happened. And I have a headlight, tail light, helmet etc. Did before and I do now. But on the weekends when riding my road bike I am perfectly fine, no change in behavior.

All my legal advice comes from 40 years of legal advice given to me by my attorney father.

You aren't trying to scam any money out of this woman's insurance company. You aren't trying to get extra money for a broken nail. You have a right to get your medical expenses covered, as well as any time lost from work. The woman who hit you did everything right, well except for hitting you that is. Her insurance company wants to settle this as cheaply as possible, which might not be in your best interest.

Before you agree to anything that the insurance company is offering, which by the way, they honestly could care less about you, they are looking out for their best interests, not yours. Talk to a lawyer about what they are offering.

I have been in an accident that wans't my fault and got a clean bill of health. I turned out to have a serious neck injury that was hard to detect and took time to develope(about a year). Over months of non treatment it got really bad and was/is still very hard to repair(but better). The first thing you should do is find the best possible physiotherapist you can locate and get checked out properly. Be a pain in the ass and ask all questions that come to you, make ABSOLUTLY sure there is nothing wrong with you. There are alot of sub par doctors out there, you have to be the difference. chiropracter's gave me a clean bill of health and I wont trust them again. If after that it turns out you're okay then just relax and enjoy life. Health is number one, beyond that your laughin'

Glad to hear you made it out okay. That's a helluva story and bound to make great conversation fodder.

All that aside, the insurance company is indeed only looking out for themselves on this one. I'd consult a lawyer just to make sure the insurance company isn't obviously trying to screw you. If they aren't, it sounds like you made it out all right and handled things like a pro, it would probably be best just to get it settled as quick as you can and get along little doggie.

I'm sorry, but what is a "physiotherapist"? I've never heard of that before.

Thanks!

lawyer lawyer lawyer...

they have them.. shouldn't you?

just make sure you go to one that's free unless they collect... lots of those in all cities.

Pain and suffering is normally valued as twice your medical bills.

I'm sorry to hear about your accident but hooray for being ok.

If they're willing to actually give you more than your medical bills and expenses, that's great. If I were in your shoes, I would let it go. It's better for your conscience, and it sounds like the woman who hit you is they type of person who feels terrible already.

A physical therapist. They work on different principles than chiropractors. They seem to have a much better reputation in the medical community as well. Personaly I don't trust chiropractors, i would get checked out by a physiotherapist.

Wouldn't hurt to talk to a lawyer. Most offer a free consultation so you'll hava an idea if whether it is worth pursuing or not. Some attorney's work strictly on a percentage of what you win with no other fees. These are the guys that are going to try to get every penny they can. The more you get, the more they get. If they don''t think there will be much moola they won't want to work with you. Others will have an hourly fee or perhaps a flat fee if its really simple and they just have to make a few calls. You don't lose anything by at least contacting an attorney and protecting your rights. You lost time from work, had the hassle of visiting a doctor and chiropractor, had your bike busted and probably had a pretty good scare. That doesn't entitle you to a new house and a Ferarri but you do deserve to be compensated for your real damages. Good luck.

I was hit a couple of years ago, actually hit and run. A carpet installer (I assume, he had a roll of carpet sticking out the back) in a beat up van, he was turning left from the oncoming lane and pulled right in front of me. I hit the rear quarter panel, and busted my helmet, handlebars and little road rash. He had expired tags and a suspended license, so he decided not to hang around. The cop who took the report was a cyclist too, so he did his best to track the guy down, but unfortunately was not successful. At least I wasn't hurt too badly, neck was sore for a day or two and damage to bike was about $300.

When I read the title of your thread I thought "How many questions can there be? You were hit by a fucking car... That sucks :D"

Hope your ok

Sorry, but that is a complete falsehood. I spent several years handling these types of claims for one of the largest insurance companies in the nation. There is no formula for "pain and suffering"...it's totally subjective.



Miko:

Here's the thing...you were in an accident. The company is paying your property damages. You have admitted that you only sustained a bruise on your thigh and sought medical treatment with a chiropractor (often considered a bit of a "witch doctor" in the medical community) because you anticipated that there might be issues later.

Often these chiro bills will not be paid in full because the treatment they render is often excessive. There are a large number of chiros that will inflate their bills and treat patients for durations that are substantially longer than is deemed necessary by the watchdogs that supervise them. If the company is agreeing to pay all these bills then you are already ahead of the game and they are not trying to screw you as most people will assert.

If you missed work you are entitled to reasonable lost wages. If I understand correctly however, you did not miss work and your leg healed properly...in addition the chiro treatment you sought could potentially be deemed related to a pre-existing condition should someone care to travel down that road.

The insurance company is offering to cover all your losses and offer you a "little something" in addition to make up for the inconvenience of the accident. As such, your "pain and suffering" sounds pretty minimal and the settlement for this should be too.

You can get all worked up thinking that she "could have killed" you, but she didn't. If you get an attorney involved in this understand that any insurance company worth it's weight will defend their position with tenacity and will be more willing to spend twice as much money in defending the principle of the matter than paying you off. There was a time when the insurance companies would just throw money at people to make them go away, but the litigious nature of today's society makes that financially impossible. The rules have changed.

You may decide that you are "entitled" to this money and get an attorney to represent you but do so knowing that I couldn't count the number of times claimants have hired a lawyer and ended up getting less than was offered to them by the adjuster...granted, there are many times when they get far more, but a case like this doesn't fall into that category.

Take an insider's advice: Let the insurance company pay for your property damage, medical expenses, and if they offer your $1000 pain and suffering then consider yourself lucky and take it. I'd have looked over your chiro bills with a magnifying glass and, if I even paid them all, offered you $500 max and would have felt generous doing so.

Hope everything works out for you.