Hey. I just got in a bike vs car accident and need help on exactly what to do with the insurance companies. I've talked to them and they seem very unhelpful and uncaring. My boss told me to possibly look into an injury claims lawyers. Anyone here know what to do, know anyone, or have experience this before. lemme know anything. I really have no idea.
Info is that my bike is unrideable and unfixable. I only fractured one of the thoracic vertebrae. Everything else was huge bruises and burns and scratches, a chipped tooth and nasty face. Accident happened on 30th & 55th ave ne.
Joined: 07 Mar 2007Posts: 1691Location: the dirty south
Best advice is to talk to a lawyer before agreeing to anything with the insurance company.
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langston
Posted: Wed Dec 19, 2007 11:45 am
Joined: 25 Jul 2005Posts: 5547Location: Columbia City
there is that lawyer who most of the .83 people who have been hit have gone through to great sucess, including Zack and his CM misadventures. Can't recall his name off hand, I'm sure someone else here has it bookmarked.
Any decent accident-lawyer should be able to help you out as much as the next guy.
snyd3282
Posted: Wed Dec 19, 2007 11:46 am
could suck the fun out of a blowjobJoined: 23 Jul 2007Posts: 588Location: Ballard / Fremont
Joined: 25 Jun 2007Posts: 554Location: Wallingford
seaden wrote:
Info is that my bike is unrideable and unfixable. I only fractured one of the thoracic vertebrae. Everything else was huge bruises and burns and scratches, a chipped tooth and nasty face. Accident happened on 30th & 55th ave ne.
ONLY fractured one thoracic vertebrae!?!?! Honey!!!! With a good lawyer you'll be getting some good money for that, a new bike and some time off work.
I've been in a number of car vs car accidents that were other peoples faults and it sucks when the persons insurance is the cheapy stuff through Vern Fonk because those companies really don't care about you at all. You get what you pay for. The people that hit me that had Allstate insurance, the company was straightforward, somewhat compassionate and on top of their shit.
If the accident was the other guys fault you have full rights to being treated fairly, having your bike replaced, medical bills covered and you shoud get a fair amount of pain and suffering compensation. From the sounds of it you were pretty dinged up. Throw a lawyer in their face and they're bound to start cooperating.
Sounds like in your case a lawyer will be absolutely worth the time money and effort.
Finn
Posted: Wed Dec 19, 2007 2:02 pm
AlabamaJoined: 15 Sep 2006Posts: 303Location: Central District
I've worked with John Duggan and highly recommend him.
Watch out for the insurance companies; They have policies in place to screw you all over the place.
Also, if you haven't already done so, file a police report and gather info from any eyewitnesses. Sorry and good luck.
seaden
Posted: Wed Dec 19, 2007 3:07 pm
Joined: 09 Dec 2005Posts: 397Location: CapHill
I police reported was taken since the police were called and I was picked up by an ambulance. I sent mail to spd to get a copy of the report. I don't know of any eye witnesses since I passed out and was riding alone. thanks for the info I will get a lawyer I think. My body feels like shit.
I police reported was taken since the police were called and I was picked up by an ambulance. I sent mail to spd to get a copy of the report. I don't know of any eye witnesses since I passed out and was riding alone. thanks for the info I will get a lawyer I think. My body feels like shit.
goes to elevenJoined: 25 Jul 2005Posts: 3899Location: The Cloud
seaden wrote:
I police reported was taken since the police were called and I was picked up by an ambulance. I sent mail to spd to get a copy of the report. I don't know of any eye witnesses since I passed out and was riding alone. thanks for the info I will get a lawyer I think. My body feels like shit.
The Seattle police department will give you the accident report while you wait if you go downtown and visit them.
I dealt with my accident without a lawyer and did ok, but I wasn't hurt and the insurance company was really motivated to be nice to me.
If the driver was at fault and the insurance company isn't falling all over themselves to take care of you, you've really got to get a lawyer.
surlykat
Posted: Wed Dec 19, 2007 5:47 pm
Joined: 05 Jul 2007Posts: 658Location: in the CD
Take the bike to R&E (On the ave, north of 50th) for an appraisal.
Seriously.
Alex
Posted: Wed Dec 19, 2007 7:15 pm
Joined: 18 May 2006Posts: 3128Location: Roosevelt
I'd recommend Elliot Bay over R&E for the appraisal.
I like R&E and went there first after my accident because it is only a few blocks from my house. However Elliot Bay took the appraisal much more seriously. They held onto the bike for a day so that they could really check it out and included every damaged part on the invoice. R&E did a 5 minute lookover and only got the majorly damaged parts.
I didn't hire John Duggan, but I did talk to him to see if I should hire him. The insurance company was being reasonable with me, so I ended up not needing to hire him. John was really helpful though, followed up with me later to make sure that I was treated well, and gave me a lot of good advice.
The insurance company is going to deal with this as two seperate claims (they did for me at least). Expect one claim to replace your bike or any damaged parts on your bike. They'll want the damaged parts back, but I was able to negotiate a price to keep them ($75 in my case). Don't forget to file claims for your helmet and any damaged clothing. I lost a good Smartwool t-shirt to my accident and that was replaced.
The other claim is for injuries and pain and suffering. For me that claim was computed using roughly this calculation:
* My salary for one day (I missed a day of work due to the accident)
* My salary for the hours that I spent dealing with the accident (about 20 including the two appraisals, multiple doctors appointments, and the ER visit)
* Some fudge factor for the pain and suffering that I endured.
They also covered all of my medical bills. To make sure that they really cover this you shouldn't settle on the medical part until you are completely healed. The coverage was for N visits (where N is the number of visits until my doctor gave me the all clear) plus the ER visit.
alex
seaden
Posted: Wed Dec 19, 2007 8:53 pm
Joined: 09 Dec 2005Posts: 397Location: CapHill
Regarding the clothing...the hospital cut off my clothes and threw them in the trash...how do I do a claim for that stuff? all I really care about was my Pearl Izumi jacket.
I'm not sure I want to hire a lawyer. I just feel pressed for cash and most of all I'm totally stressed out. I have immigration issues and school and trying to find a new job and then now this all at once...it's pretty hard. I feel like I just want this done and over with..get my medical paid...dental paid and get myself a new bike...that's pretty much it.
BTW the bike is a trek 360...take it to elliot bay then? how much do they charge for an appraisal
here is how it looks now:
AAAARRRRRGGGGbllll pppphtt!Joined: 26 Aug 2006Posts: 725Location: In the lab.
Duggan works under a percentage... you don't pay him, he gets a cut out of whatever he gets you.
One thing to add Alex...
Very specifically I'd have their head mechanic, Eaman do the appraisal... Elliott bay is a bike boutique.. if your bike is collectors item... go have Bob Freeman look at it... if it is a contemporary bike, have Eaman look at it... if you cracked a weld... have Bill look at it.
Eaman will be the guy that John sends you to at Elliott bay.
As you have spinal damage... I would begin your pain and suffering journal now...
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..but you do have to pay all the processing fees and some other fees and I'm not sure what that will come out to. I will ask him more questions tomorrow. I have an appointment. Regarding the Pain and suffering I only work 3 hours a week...the other stuff is side jobs that aren't taxed...so I really can't claim that...plus I'm between jobs and I also might get more hours at velo starting in 08. sucks!
could suck the fun out of a blowjobJoined: 23 Jul 2007Posts: 588Location: Ballard / Fremont
seaden wrote:
..but you do have to pay all the processing fees and some other fees and I'm not sure what that will come out to. I will ask him more questions tomorrow. I have an appointment. Regarding the Pain and suffering I only work 3 hours a week...the other stuff is side jobs that aren't taxed...so I really can't claim that...plus I'm between jobs and I also might get more hours at velo starting in 08. sucks!
You mentioned school. That ought to be a double whammy there, you are paying to be there and loss of time really fucks you. At least TALK to the lawyer. You don't have to hire him, but they don't go to school for years and then take a bar exam for nothing. And a spinal injury is nothing to treat lightly.
jputnam
Posted: Fri Dec 21, 2007 12:51 pm
Joined: 01 Dec 2007Posts: 3
seaden wrote:
I'm not sure I want to hire a lawyer. I just feel pressed for cash and most of all I'm totally stressed out. I have immigration issues and school and trying to find a new job and then now this all at once...it's pretty hard. I feel like I just want this done and over with..get my medical paid...dental paid and get myself a new bike...that's pretty much it.
Coming in a bit late here, but you've just described exactly how low-balling insurance adjusters want you to feel -- like you should settle quickly for less than you're owed, just to get the cash sooner. (Not all adjusters are like that, of course, many are professionals who genuinely want to make good on all your damages. That's supposed to be their job, and many do operate that way.)
At least talk to an attorney, the initial consultation is usually free, and even if you don't hire the attorney you will get a much better idea of what you should expect in compensation and how to preserve your rights in the process.
Meanwhile, document everything, every expense you incur because of the accident, every call you make or receive, keep every piece of paper you get from anyone about anything related to the accident.
Your clothing is a fairly small expense as car accidents go, I would not expect much difficulty getting paid for it -- tell them the hospital cut off what wasn't already ruined, give them a list of the clothing with prices from wherever you bought it.
derrickito
Posted: Fri Dec 21, 2007 1:09 pm
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talk to the lawyer. he'll do all the heavy lifting dealing with the insurance company
if you dont, you're fucking yourself even more.
jeff
Posted: Fri Dec 21, 2007 1:28 pm
SOC pussyJoined: 05 May 2006Posts: 4501
Denise,
So sorry to hear about your crash. Can you tell us more about the accident? How were you hit? Was the driver at fault? Were they cited by police? That bike looks terrible, I really hope you are feeling better.
Alastair
Posted: Sun Dec 23, 2007 1:11 am
Joined: 12 Jan 2006Posts: 475Location: U-district/Ravenna
I went through Duggan when I broke my neck. I can't recommend him enough for his professionalism and thoroughness in handling my claim. You won't pay anything up front. The best part of handling the case through him is I did less work than if I had handled the settlement direct with the insurance company. Your spinal injury will suck at first, but they heal in due time, in the mean time, let Duggan handle the financials while you rest up and get well.
brandonallamerican
Posted: Wed Dec 26, 2007 1:19 pm
Joined: 10 Sep 2007Posts: 39Location: ravenna
go with john duggan
he has advised me at no charge
also take your bike to r+e cycles ask for a "repair estimate"
i got 1500 for my bike damage alone
i still haven't settled on my injury claim
langston
Posted: Wed Dec 26, 2007 2:11 pm
Joined: 25 Jul 2005Posts: 5547Location: Columbia City
brandonallamerican wrote:
go with john duggan
he has advised me at no charge
also take your bike to r+e cycles ask for a "repair estimate"
i got 1500 for my bike damage alone
i still haven't settled on my injury claim
Brandon, bought a new bike yet?
tehschkott
Posted: Thu Dec 27, 2007 12:55 pm
daywalkerJoined: 09 Nov 2007Posts: 6108Location: Hatertown
seaden wrote:
BTW the bike is a trek 360...take it to elliot bay then? how much do they charge for an appraisal
here is how it looks now:
Oh man thats fucking balls. Sorry to hear it.
Late in the game now, but begs the question: can you get insurance on your bike? Will Geico cover?
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SeditiousCanary
Posted: Thu Dec 27, 2007 1:29 pm
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tehschkott wrote:
Late in the game now, but begs the question: can you get insurance on your bike? Will Geico cover?
Yes. Theirs first, then your car insurance, then your home owners/rentors insurance as a rule.
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