I've been hit

On 6 May 2004 14:27:03 -0700, [email hidden] (Scott Sawyer)

Quoted message said:

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

I'd file a lawsuit.

In article <[email hidden]>,

Scott Sawyer said:

Yesterday afternoon, I was traveling north on a secondary
city street (Merriman Rd in Akron Ohio) that has only a few
stop lights along its length. The street is a false flat,
and I was going down hill at about 21 - 23 mph. A car
failed to yield and pulled out from a driveway in front of
me. I hit the front fender of the car, and flew head over
heels over the hood, and landed in the opposite lane of
traffic. Fortunately, I was able to get up and hobble to
the side of the road.

My injuries are relatively minor. I was seen in the
emergency room to get stitches on my right shin. Otherwise,
I have painfully bruised both lower legs, and I have some
roadrash on both legs and arms. I never hit my head on
either the car or the pavement.

My bike, a 2000 Cannondale R600, is trashed. The right leg
of the carbon fiber fork is broken in two places, and the
right chainstay is completely broken in two. The big
chainring now has a 90 degree bend.

The driver was cited for failure to yield. I was not
feeling well at the time, and I didn't get her name or
telephone number, although those things will be on the
police report.

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

Her insurance company is praying you don't talk to a lawyer.

--Paul

6 May 2004 14:27:03 -0700,
<[email hidden]>,

(Scott Sawyer) said:

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

Don't sign anything. It's too soon to know that you're okay.

bicycleaustin.infowhattodo.htmlOpen ↗
--
zk

a) Get a copy of the police report ASAP! You can then reach out to the offending driver to see if she'll make you whole without the whole legal thing. She should have insurance that she can use to cover this (auto insurance);

b) I hope/I'm glad you're well. Fat lot of bad luck that was. ("I-I-I I just didn't see you." We all know that story.)

c) If the driver was cited, you're right: her info will be on the police report. This will be your friend in (sorry) Small Claims Court, if you _have to_ sue her for your new (work with me here) R5000 bike! (here's a picture, in case you lost yours:

http://tinyurl.com/3gqdr

😄

d) Meanwhile, check with your homeowner's/renter's insurance whether you're covered under your own policy, letting _them_ sue her, or her insurance company, for you. They may be willing to go that route.

Again, glad you're relatively okay. Sorry about the bike....

You should come out whole in this one.....

Keep us posted, huh?

Neil

Quoted post said:

Originally posted by Scott Sawyer
Yesterday afternoon, I was traveling north on a secondary
city street (Merriman Rd in Akron Ohio) that has only a few
stop lights along its length. The street is a false flat,
and I was going down hill at about 21 - 23 mph. A car
failed to yield and pulled out from a driveway in front of
me. I hit the front fender of the car, and flew head over
heels over the hood, and landed in the opposite lane of
traffic. Fortunately, I was able to get up and hobble to
the side of the road.

My injuries are relatively minor. I was seen in the
emergency room to get stitches on my right shin. Otherwise,
I have painfully bruised both lower legs, and I have some
roadrash on both legs and arms. I never hit my head on
either the car or the pavement.

My bike, a 2000 Cannondale R600, is trashed. The right leg
of the carbon fiber fork is broken in two places, and the
right chainstay is completely broken in two. The big
chainring now has a 90 degree bend.

The driver was cited for failure to yield. I was not feeling
well at the time, and I didn't get her name or telephone
number, although those things will be on the police report.

The bottom line is that I'm ok, but I would at least like to
get a new bike out of the deal. Does anyone have advice on
how to proceed from here?

Best regards, Scott Sawyer

I hate to admit it, but that's great advice. If you can find a cycling attorney nearby, at least you can get a sense of all of your rights, and (to ZK's point) make sure you're protected if you aren't as alright as you think.....

Quoted post said:

Originally posted by Zoot Katz
6 May 2004 14:27:03 -0700,
<[email hidden]>,

(Scott Sawyer) said:

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

Don't sign anything. It's too soon to know that you're okay.

bicycleaustin.infowhattodo.htmlOpen ↗
--
zk

Here's some more reading for you.

massbikeboston.orgcrash.htmOpen ↗
--
zk

Quoted post said:

Originally posted by neil0502
I hate to admit it, but that's great advice. If you can find a cycling attorney nearby, at least you can get a sense of all of your rights, and (to ZK's point) make sure you're protected if you aren't as alright as you think.....

Scott - if you have the time, skills, and ambition you can get a pretty reasonable settlement yourself.

Otherwise you see a lawyer, they take 1/3 and get you probably the same amount for almost no work on your part. You should definitely go this route if you miss any time from work or have medical bills.

The driver's insurance has probably already given this info to their lawyers, and their job is to give you as little money as possible, remember that. They are experts at games you didn't know existed and they might be able to screw you out of everything or even pay for the scratches on the car!

Also, the more the insurance company has to pay you, the more the driver's insurance rates will go up... that's important revenge. (OK, I'm not positive about that but it makes sense.

I was hit 19 years ago, broken shoulder blade, some lost wages and bike repair. I think it was $20k settlement and I got $13.3k.

Scott Sawyer said:

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

My first reaction would be to @$%& her insurance company
long and hard. Get a lawyer and bleed em for all they are
worth. Insurance companies, IMO are nothing more than greedy
extortionists that deserve to be raped.

Glad you weren't seriously hurt, and as others have said,
wait a while and see what still hurts in a week or 2.

You will probably have to replace the bike yourself and
collect the $ for it later, it could take a while to get a
settlement.

Quoted message said:

[email hidden]

wrote in part:

---description of crash and damage snipped--

Quoted message said:

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

1- Save any and all bills/receipts for the damages you've
incurred. 2- Get a copy of the crash report. 3- Contact
the other involved party. 4- Contact that party's
insurance company. 5- Here's the hard part... wait. Wait
to be sure that no injuries were overlooked in the ER.
Wait for the insurance company's settlement offer. 6- Go
from there. Expect to do a little negotiating but don't
expect a brand new Seven and a six figure settlement. The
crash you describe should not cause you undue financial
stress but it's not like winning the lottery either. Be
fair to both yourself and them. 7- If all the above fails,
hire an attorney.

As an aside- my own experiences with insurance companies
have apparently been different than those of other posters
that have replied here. No, they are not benevolent entities
but they *are* businesses and niggling over what to them is
a minor claim when it could lose them a current client (the
driver), future clients (you and all your family and
friends), as well as generating bad word-of-mouth ("Yeah,
I'd *never* use that insurance company. They don't pay
claims."😉 is simply bad business. Best of luck and glad you
weren't seriously injured.

Regards, Bob Hunt

Scott,

You have earned a new bike. Take your broken bike to a
reputable shop and get an estimate, signed by the head
mechanic there, which will show the cost to replace your
machine, not with a similar used machine, but with a new one
(if applicable this estimate should also include the cost to
have the shop remove the old parts and put them on a new
frame). With the police report handy, contact the woman's
insurance company and give them this estimate, any bills for
medical care and lost wages. After a few weeks, which should
give any hidden injuries a chance to show, the insurance
company should send you a check matching your request. That
is the amount that is owed you. When you cash the check it
signals your acceptance of the deal, so...If they try to
shortchange you, threaten lawyer, if they still shortchange
you, get a lawyer and get as much as you can, I guess. But
you shouldn't (and I don't think you are) look at this as a
chance to make some extra cash as some others suggest. Doing
that is a karma foul punishable by an even more severe crack-
up. Just count yourself as lucky you weren't vegetableized
and move on (with your shiny new bike).

Robert

neil0502 said:

Zoot Katz said:

6 May 2004 14:27:03 -0700,
<[email hidden]>,

(Scott Sawyer) said:

The bottom line is that I'm ok, but I would at least
like to get a new bike out of the deal. Does anyone
have advice on how to proceed from here?

Don't sign anything. It's too soon to know that you're
okay.tin.info/justice/whattodo.htmlhttp://bicycleaustin.inf-
o/justice/whattodo.html
--
zk

I hate to admit it, but that's great advice. If you can
find a cycling attorney nearby, at least you can get a
sense of all of your rights, and (to ZK's point) make sure
you're protected if you aren't as alright as you think.....

Make sure you get yourself checked out properly too. I had a
less-spectacular car-caused crash a couple of years ago. Was
worried I might have broken my scaphoid bone in my wrist.
First GP thought it was OK; I was still worried, got an X-
ray a week later that showed it WAS broken! If it wasn't
detected, that bone would have never healed, just died and
gone arthritic etc...

Quoted message said:

Her insurance company is praying you don't talk to a
lawyer.

Her insurance company have already talked to their lawyers,
and have already outlined a plan to screw you out of
everything. Have they called you on the phone yet and tried
to get you to screw yourself?

This is war. Get a good lawyer, or you're dead already.
C.Q.C.

<snip>

Quoted message said:

...If they try to shortchange you, threaten lawyer, if they
still shortchange you, get a lawyer and get as much as you
can, I guess. But you shouldn't (and I don't think you

are)

Quoted message said:

look at this as a chance to make some extra cash as some
others suggest. Doing that is a karma foul punishable by
an even more severe crack-up.

Karma? Sorry, no offense, but no such thing exists. There
is, however, greed and evil in the world. Insurance is a
business, and they will shortchange people who are not
ready. Their job is to maximize profits. They are not nice
benevolent people, they specialize in screwing everyone and
everything and are much better at it than any decent human
is. Who do you thing is going to pay for 9/11? God forbid
the CEO's of these insurance companies have to drive
anything less than a $100,000 Mercedes.

Oh, and if you do believe in Karma ... think about
this, you've already been screwed by insurance
companies your whole life in ways you can't even
imagine. It's payback time now.

C.Q.C.

Quoted message said:

The bottom line is that I'm ok, but I would at least like
to get a new bike out of the deal. Does anyone have advice
on how to proceed from here?

Best regards, Scott Sawyer

Repeat after me I WANT MY LAWYER YO NESSICITO ME ABOGADRO

"Q." <LostVideos-AT-hotmail.com> wrote in message
"]news:[email hidden]...

Quoted message said:

Quoted message said:

Her insurance company is praying you don't talk to a
lawyer.

Her insurance company have already talked to their
lawyers, and have

already

Quoted message said:

outlined a plan to screw you out of everything. Have they
called you on

the

Quoted message said:

phone yet and tried to get you to screw yourself?

This is war. Get a good lawyer, or you're dead already.
C.Q.C.

This is complete B.S. This is the kind of B.S. I listened to
when I got hit by a car quite severely about 18 months ago
and it made my life more miserable than it needed to be. In
the end, I was reasonable and the responsible party's
insurance company was reasonable.

There are guidelines and standard procedures for these kinds
of things. You are entitled to almost immediate
reimbursement for your property losses and, on top of that,
anything from three to five times your medical bills, lost
wages and the like. If your demands are within those
reasonable guidelines, things should go reasonably smoothly.
Not fast, but reasonably smoothly.

These guidelines have applied to friends of mine who have
had minor incidents where the settlements totaled as low as
$12,000 including property ... all the way to mine which was
... well ... more than ten times that.

Yes, they may try a trick or two along the way. When they
sent me a check to replace my bike about a month after their
driver totaled mine, they also sent a "Property release
form" in which the fine print released them from any
obligation to pay medical expenses. It was a stupid and
sleazy move on their part and, once I let them know I wasn't
going to tolerate that kind of [censored], that was the end of it.

From there on in it was smooth sailing and all the horror
stories about me needing a lawyer to fight their lawyers was
nothing but pure fiction. If you've got some common sense,
you can handle it. And if things do go awry, you can get a
lawyer involved later if you need to. But it doesn't make
any sense to just give away 1/3 of your settlement to get a
lawyer involved if you know the basic guidelines and use a
little common sense.

I ended up with a settlement beyond my wildest imagination.
I'm not greedy and wasn't out to screw anybody. I just
wanted fair reimbursement and compensation for my losses. I
ended up with exactly that. And I never hired an attorney.

Bob C.

(Hunrobe) said:

1- Save any and all bills/receipts for the damages you've
incurred. 2- Get a copy of the crash report. 3- Contact the
other involved party. 4- Contact that party's insurance
company. 5- Here's the hard part... wait. Wait to be sure
that no injuries were overlooked in the ER. Wait for the
insurance company's settlement offer. 6- Go from there.
Expect to do a little negotiating but don't expect a brand
new Seven and a six figure settlement. The crash you
describe should not cause you undue financial stress but
it's not like winning the lottery either. Be fair to both
yourself and them. 7- If all the above fails, hire an
attorney.

As an aside- my own experiences with insurance companies
have apparently been different than those of other posters
that have replied here. No, they are not benevolent
entities but they *are* businesses and niggling over what
to them is a minor claim when it could lose them a current
client (the driver), future clients (you and all your
family and friends), as well as generating bad word-of-
mouth ("Yeah, I'd *never* use that insurance company. They
don't pay claims."😉 is simply bad business. Best of luck
and glad you weren't seriously injured.

Wow, I find myself agreeing with Bob. Depending on the
insurance adjuster, you may actually get enough to get a
Seven. I'd add a couple of things to Bob's list: .5- Take
pictures of your injuries. Vivid, graphic, show all the
bruises and stitches.
4.1- Go see the adjuster ASAP. Wear all braces, bandages,
etc.. If you're hurting, let them see that.
5.5- Take your bike, or what's left of it, to a bike shop
and ask for a written estimate on what it would take to
repair it. You might also get them to note the price of a
comparable new model.
6.5- Replace your helmet (if you were wearing one),
any equipment or clothing that was damaged, and save
the receipts.

When you get to (6), make sure the insurance adjuster
includes all your costs, including clothing, bike, ambulance
(if appropriate), hospital, and doctors. Given a choice
between "pain and suffering" or a lawyer, they may offer you
a very nice bike. (I was offered a nice settlement, and
actually argued them down. Interesting experience.)

Pat

Quoted message said:

Does anyone have advice on how to proceed from here?

Best regards, Scott Sawyer

First of all - I'm glad you weren't seriously hurt. I hope
the injuries you do have heal swiftly and completely.

If you were on the UK side of the pond, I'd be suggesting
you call the CTC(Cyclists' Touring Club) if you were a
member and get their most excellent legal people at work -
as this comes as a perk of membership. Are there lawyers on
your side of the pond who specialise in working for
cyclists? If so, get one. Photograph your bike - as a record
of the damage + your injuries. Get your lawyer to start
working for you - keep receipts of every expense you incur
as a result of this.

Lawyers are sometimes necessary - sadly.

Best wishes, helen s

--This is an invalid email address to avoid spam-- to get
correct one remove fame & fortune
h*$el*$$e*nd**$o$ts**i*$*$m*m$o*n*s@$*a$o*l.c**$om$

--Due to financial crisis the light at the end of the tunnel
is switched off--

psycholist said:

Quoted message said:

This is war. Get a good lawyer, or you're dead already.

Bob C. said:

This is complete B.S. This is the kind of B.S. I listened
to when I got hit by a car quite severely about 18 months
ago and it made my life more miserable than it needed to
be. In the end, I was reasonable and the responsible
party's insurance company was reasonable.

Bob - thanks for this. I was getting further reinforcement
to my view that I'm really glad I don't live in the US. Your
story has partially restored my faith in basic human decency
and justice.

--
Mark.

"psycholist" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

"Q." <LostVideos-AT-hotmail.com> wrote in message news:r-adnWZ0JrvzYwfdRVn-
[email hidden]...

Quoted message said:

Quoted message said:

Her insurance company is praying you don't talk to a
lawyer.

Her insurance company have already talked to their
lawyers, and have

already

Quoted message said:

outlined a plan to screw you out of everything. Have
they called you on

the

Quoted message said:

phone yet and tried to get you to screw yourself?

This is war. Get a good lawyer, or you're dead already.
C.Q.C.

This is complete B.S. This is the kind of B.S. I listened
to when I got

hit

Quoted message said:

by a car quite severely about 18 months ago and it made my
life more miserable than it needed to be. In the end, I
was reasonable and the responsible party's insurance
company was reasonable.

There are guidelines and standard procedures for these
kinds of things.

You

Quoted message said:

are entitled to almost immediate reimbursement for your
property losses

and,

Quoted message said:

on top of that, anything from three to five times your
medical bills, lost wages and the like. If your demands
are within those reasonable

guidelines,

Quoted message said:

things should go reasonably smoothly. Not fast, but
reasonably smoothly.

These guidelines have applied to friends of mine who have
had minor incidents where the settlements totaled as low
as $12,000 including

property

Quoted message said:

... all the way to mine which was ... well ... more than
ten times that.

Yes, they may try a trick or two along the way. When they
sent me a check to replace my bike about a month after
their driver totaled mine, they

also

Quoted message said:

sent a "Property release form" in which the fine print
released them from any obligation to pay medical expenses.
It was a stupid and sleazy move

on

Quoted message said:

their part and, once I let them know I wasn't going to
tolerate that kind

of

Quoted message said:

[censored], that was the end of it.

How can you sit there and berate me, when you freely admit
they tried to screw you right off the bat???

Quoted message said:

From there on in it was smooth sailing and all the horror
stories about me needing a lawyer to fight their lawyers
was nothing but pure fiction.

Pure fiction huh? You were lucky, they only tried ONCE to
screw you and you caught it. Some people aren't that lucky
and get reamed ... it's not fiction, it REALLY HAPPENS. That
big fat bank account you're so proud of may make you feel
better about yourself but that doesn't mean other people
make out as well as you do.

C.Q.C.