Hit by car, injured. What to do next?



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Brian Scott

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I was going straight through an intersection. The oncoming elderly driver admitted to looking in her
rear-view mirror instead of where she was going. She never saw me, and turned directly into me. She
admitted fault, and their was an officer on the scene. The paramedics came, but other than road
rash, I appeared to be alright. Later, I decided to go to the hospital, and it was determined that I
have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't believe. It's
a total loss. I'm required to wear a sling and keep my shoulder immobile for two weeks, which means
two weeks of lost wages. Total damage to the bike and parts is right around $2000.00. I'm in quite a
lot of pain. One of the biggest dissapointments is not being able to do my last organized century of
the season this Sunday. I've put in a lot of training. I'm wondering how to proceed with her
insurance company's claim department. Do I get a lawyer? Thank you very much for your help,

Brian
 
Get a lawyer. They'll do it on contingency and take half of what you get.
 
"Brian Scott" <[email protected]> wrote in message news:[email protected]...
> I was going straight through an intersection. The oncoming elderly driver admitted to looking in
> her rear-view mirror instead of where she was
going.
> She never saw me, and turned directly into me. She admitted fault, and
their
> was an officer on the scene. The paramedics came, but other than road
rash,
> I appeared to be alright. Later, I decided to go to the hospital, and it
was
> determined that I have a fractured and seperated shoulder. My bikes frame was twisted like you
> wouldn't believe. It's a total loss. I'm required to wear a sling and keep my shoulder immobile
> for two weeks, which means two weeks of lost wages. Total damage to the bike and parts is right
> around $2000.00. I'm in quite a lot of pain. One of the biggest dissapointments
is
> not being able to do my last organized century of the season this Sunday. I've put in a lot of
> training. I'm wondering how to proceed with her insurance company's claim department. Do I get a
> lawyer? Thank you very much for your help,
>
> Brian
>
>

Get the heck away from the insurance companies if you don't want to get F#$ked up even more - shop
around for a good lawyer. Even though you have an easy case, get a lawyer that won't take 30% of the
judgement/settlement as a fee.

Hell, injury lawyers are getting so bad you almost need a lawyer to make sure you don't get screwed
by the lawyer.....america......

Ken
 
>Get a lawyer. They'll do it on contingency and take half of what you get.

Half is high. Last time I was hit it was 30% but it does no harm to find out what the insurance
company will offer you first before you get a lawyer. Phil Brown
 
On Tue, 23 Sep 2003 16:48:49 +0000, Phil Brown wrote:

>
>>Get a lawyer. They'll do it on contingency and take half of what you get.

Does that sound like a good idea?
>
> Half is high. Last time I was hit it was 30% but it does no harm to find out what the insurance
> company will offer you first before you get a lawyer. Phil Brown

Much better. How you proceed now depends on what you want to do. If you are out to punish the little
old lady and take her and her heirs for all you can get, then sue for the moon and maybe you'll get
lucky. If, on the other hand, you want to be compensated for your lossed work, your hospital and
doctor bills, and your bike, then it may be reasonable to listen to what the insurance company
offers. If it is inadequate, tell them so. It is a good idea to have a list of your expenses and
lost work time, so you can present them with a reasonable bill that will take care of your needs
(not set you up for life, but get you back to where you were). If they stonewall, then it's time to
talk to someone.

This sort of thing happened once to me, though it was a car-car accident my wife had. The insurance
company balked at paying. I wrote to the state insurance commission, and miraculously they changed
their tune. I did not make a fortune on the deal, but did not lose out for someone else's mistake,
either. And I did not have to pay someone half the proceeds.

--

David L. Johnson

__o | The lottery is a tax on those who fail to understand _`\(,_ | mathematics. (_)/ (_) |
 
In article <[email protected]>,
"Brian Scott" <[email protected]> wrote:

> I was going straight through an intersection. The oncoming elderly driver admitted to looking in
> her rear-view mirror instead of where she was going. She never saw me, and turned directly into
> me. She admitted fault, and their was an officer on the scene. The paramedics came, but other than
> road rash, I appeared to be alright. Later, I decided to go to the hospital, and it was determined
> that I have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't
> believe. It's a total loss. I'm required to wear a sling and keep my shoulder immobile for two
> weeks, which means two weeks of lost wages. Total damage to the bike and parts is right around
> $2000.00. I'm in quite a lot of pain. One of the biggest dissapointments is not being able to do
> my last organized century of the season this Sunday. I've put in a lot of training. I'm wondering
> how to proceed with her insurance company's claim department. Do I get a lawyer?

Absolutely and immediately. The insurance company will offer a settlement that is in their interest,
not yours. When they call- and they will- do not sign anything and tell them you will not speak to
them until you have consulted your attorney.
 
Drew Eckhardt wrote:

<< Get a lawyer. Stupidity _must_ be punished.
>>

It was punished. The OP rode across the old lady's front bumper and got served.

And the old lady got a ticket and will pay a fine and lose points off her license, and her insurance
rates will go up, or her insurance will be terminated, after the provider pays for a new bike,
medical bills and lost wages.

No lawyer needed. It's a simple matter of gathering the proper records. Police report, estimate, med
bills, pay stubs, etc. Get the bike money now and the med bills later. The insurance company may hem
and haw a bit, they have professional hemmers and hawers on the front lines, but basically they will
have to cut the check if the records are in order. If they don't, then you get the lawyer.

Robert collected a bit of insurance money in my day
 
On Tue, 23 Sep 2003 09:11:01 -0700, "Brian Scott" <[email protected]> may have said:

>I was going straight through an intersection. The oncoming elderly driver admitted to looking in
>her rear-view mirror instead of where she was going. She never saw me, and turned directly into me.
>She admitted fault, and their was an officer on the scene. The paramedics came, but other than road
>rash, I appeared to be alright. Later, I decided to go to the hospital, and it was determined that
>I have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't believe.
>It's a total loss. I'm required to wear a sling and keep my shoulder immobile for two weeks, which
>means two weeks of lost wages. Total damage to the bike and parts is right around $2000.00. I'm in
>quite a lot of pain. One of the biggest dissapointments is not being able to do my last organized
>century of the season this Sunday. I've put in a lot of training. I'm wondering how to proceed with
>her insurance company's claim department. Do I get a lawyer? Thank you very much for your help,

I am not a lawyer, but this is what I'd consider prudent:

First, contact the insurance company. Directly ask for immediate assistance with expenses incurred
to date, but sign nothing unless you have read it thoroughly, and directly ask if there is anything
in what you are signing that limits your claim in any way. Take along a witness who is to remain
present at all times if you have the slightest bit of doubt about their intentions.

If you involve an attorney, while you will probably end up getting paid, it will likely end up
taking longer *IF* they are not jerks and bastards. Give them a chance to take care of the matter
properly and nonconfrontatively, and if they blow it, then you can get your attorney involved
without any qualms.

--
My email address is antispammed; pull WEEDS if replying via e-mail. Yes, I have a killfile. If I
don't respond to something, it's also possible that I'm busy.
 
"Ken Bessler" <[email protected]> wrote in message news:[email protected]...
>
> "Brian Scott" <[email protected]> wrote in message news:[email protected]...
> > I was going straight through an intersection. The oncoming elderly
driver
> > admitted to looking in her rear-view mirror instead of where she was
> going.
> > She never saw me, and turned directly into me. She admitted fault,
and
> their
> > was an officer on the scene. The paramedics came, but other than
road
> rash,
> > I appeared to be alright. Later, I decided to go to the hospital,
and it
> was
> > determined that I have a fractured and seperated shoulder. My bikes
frame
> > was twisted like you wouldn't believe. It's a total loss. I'm
required to
> > wear a sling and keep my shoulder immobile for two weeks, which
means two
> > weeks of lost wages. Total damage to the bike and parts is right
around
> > $2000.00. I'm in quite a lot of pain. One of the biggest
dissapointments
> is
> > not being able to do my last organized century of the season this
Sunday.
> > I've put in a lot of training. I'm wondering how to proceed with her insurance company's claim
> > department. Do I get a lawyer? Thank you very much for your help,
> >
> > Brian
> >
> >
>
> Get the heck away from the insurance companies if you don't want to get F#$ked up even more - shop
> around for a good lawyer. Even though you have an easy case, get a lawyer that won't take 30% of
> the judgement/settlement as a fee.
>
> Hell, injury lawyers are getting so bad you almost need a lawyer to make sure you don't get
> screwed by the lawyer.....america......

You do not need a lawyer. Make a claim against the insurance company for the at-fault insurance
company. Get some estimates for replacing your bike. Come up with a reasonable salvage value (they
will want the bike or credit for its salvage value). Make a demand and get paid for your bike. This
will be the easy part.

Next, get a cooperative doctor (meaning one that is willing to write a report, not one who is a
liar). Collect your medical bills, and when your condition has become stationary, make a demand.
The demand will depend on the amount of your bills, the time you lost from work and the extent of
your residual disability, if any. You are entitled to your actual economic damages (medical bills,
wage loss) plus non-economic damages or "general damages" for your "pain and suffering" and
disability. This is the soft number, and the amount you recover will depend on a number of factors
including adjuster attitude. Adjusters are not in the business of giving away money, but they are
also required by statute in most states to make payment within a certain time frame. The most
important thing for adjusters is verification: reports from credible doctors stating that you have
a real injury and that your injury will result in real disability in the future (arthritis, loss of
range of motion, etc. etc.) Emotional upset, etc., does not carry much weight -- although it may
with a jury.

Always keep an eye on the statute of limitations and the lien claims from medical insurers or your
PIP carrier. They will want repayment out of your settlement. It is alright to give a recorded
statement, but request a copy. Don't sign an over-broad medical release (which is harder to do these
days) -- make it limited to treatment for the injury, and request that you be given copies of any
records obtained with the release. Make a file and keep a copy of all your correspondence to the
insurance company. Make sure you file an appropriate DMV report (if necessary in your state). Get
the police report, if any. Sit down with your doctor after your condition heals and explain to him
that he needs to catalog exactly your injury and your possible future problems. Maybe get pictures
of your injuries, the intersection, the bicycle. Put together a settlement package with all this
stuff and send it to the adjuster with your demand.

The hardest part will be determining the value of your claim. Find a friend who has a friend who is
a local lawyer or a claims adjuster. Talk to that person for free to see what their estimate of
your claim
is. If you cannot even get close to that number with the adjuster, then consider getting an
attorney (which will cost you a fair part of any future settlement -- especially if your
attorney files suit, then you have to pay for the cost of filing). I defend lawsuits (typically
products liability cases and not car accidents) and represent bicyclists on occasion in auto
cases (hurt friends). The bicycle/auto cases typically settle informally for a reasonable sum.
I have a pretty good idea of value, but I always get a second opinion or two from my
plaintiff's-attorney buddies. A clear liability/low damage (no offense) case like this one will
never go to trial. -- Jay Beattie.
 
"David L. Johnson" <[email protected]> wrote in message
news:[email protected]...
> On Tue, 23 Sep 2003 16:48:49 +0000, Phil Brown wrote:
>
> >
> >>Get a lawyer. They'll do it on contingency and take half of what you get.
>
> Does that sound like a good idea?
> >
> > Half is high. Last time I was hit it was 30% but it does no harm to find out what the insurance
> > company will offer you first before you get a lawyer. Phil Brown
>
> Much better. How you proceed now depends on what you want to do. If you are out to punish the
> little old lady and take her and her heirs for all you can get, then sue for the moon and maybe
> you'll get lucky. If, on the other hand, you want to be compensated for your lossed work, your
> hospital and doctor bills, and your bike, then it may be reasonable to listen to what the
> insurance company offers. If it is inadequate, tell them so. It is a good idea to have a list of
> your expenses and lost work time, so you can present them with a reasonable bill that will take
> care of your needs (not set you up for life, but get you back to where you were). If they
> stonewall, then it's time to talk to someone.
>
> This sort of thing happened once to me, though it was a car-car accident my wife had. The
> insurance company balked at paying. I wrote to the state insurance commission, and miraculously
> they changed their tune. I did not make a fortune on the deal, but did not lose out for someone
> else's mistake, either. And I did not have to pay someone half the proceeds.
>
> --
>
> David L. Johnson
>
> __o | The lottery is a tax on those who fail to understand _`\(,_ | mathematics. (_)/ (_) |
>
>

I think that David has great advice. The only thing that I can add is that after you have the offer
from the insurance company you might hire a lawyer on a per hour basis to review it. Make it clear
that you do not want a contingency arrangement, only their review and suggestions. I think that it
would be about minimal work for the attorney. The attorney might be able to point out issues that
you, and the insurance company, missed.
 
> And the old lady got a ticket and will pay a fine and lose points off her license, and her
> insurance rates will go up, or her insurance will be terminated, ...

She can always ride an insurance-free bike!

Dave
 
On Tue, 23 Sep 2003 09:11:01 -0700, "Brian Scott" <[email protected]> wrote:

>I was going straight through an intersection. The oncoming elderly driver admitted to looking in
>her rear-view mirror instead of where she was going. She never saw me, and turned directly into me.
>She admitted fault, and their was an officer on the scene. The paramedics came, but other than road
>rash, I appeared to be alright. Later, I decided to go to the hospital, and it was determined that
>I have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't believe.
>It's a total loss. I'm required to wear a sling and keep my shoulder immobile for two weeks, which
>means two weeks of lost wages. Total damage to the bike and parts is right around $2000.00. I'm in
>quite a lot of pain. One of the biggest dissapointments is not being able to do my last organized
>century of the season this Sunday. I've put in a lot of training. I'm wondering how to proceed with
>her insurance company's claim department. Do I get a lawyer? Thank you very much for your help,
>
>Brian ...............................

There are many other good answers here. You want a nasty lawyer.

But as one other poster said: Hell, injury lawyers are getting so bad you almost need a lawyer to
make sure you don't get screwed by the lawyer.....america......

I suggest you immediately get and read

How to settle your own auto accident claim without a lawyer / by Benji O. Anosike. Publisher :
Newark, NJ : Do-It-Yourself Legal Publishers, c1998. Edition : New ed., rev. Description : 221 p. :
ill. ; 28 cm. Notes : Includes bibliographical references and index. ISBN : 0932704468 (paperback)

I think you will do best with a lawyer, but Anosike's book will

1. explain the insurance company's game: *you are playing with experts who play this game all the
time. Day after day. You are a first-timer and an easy mark. Their aim is to get rid of you at
the lowest cost, yet convince you they are being more than fair. It goes like this much of the
time.* Read that again.

2. Show you how many accident and injury lawyers will not put much effort into a case such as yours.
He'll do essentially no work, settle the case, get his cut for maybe half an hour's work, and
you'll think you got recompensed satisfactorily for all his "work,". while an expert lawyer who
is "vigorous" and does "due diligence" can get you what you rightly deserve for your pain and
suffering. Actually much more.

Here are some other books in this vein, but I have not read them: check the other readers' reviews.
For two hundred bucks (overnight shipping) you should give yourself a crash course on this subject
while crying the blues and not signing anything.

http://www.amazon.com/exec/obidos/tg/sim-explorer/explore-items/-/0965312305/0/101/1/book/purchase/-
ref=pd_sim_x_b/002-9183638-3071236

Of course you could turn the other cheek, forgive and forget, etc.
 
Depending on the state you are in, you may need to take out claims from both the driver's auto
insurance and YOUR auto insurance. At least here in Florida, when there is a car involved in the
accident, it is an auto accident and auto insurance kicks in. In my case, I was hit while on foot.
This was considered an auto accident. The driver's insurance paid 80% of the med bills, MY auto
insurance paid the remaining 20%. Strange but true.

Some other tidbits- become a very meticulous record keeper. All bills, letters, doctors reports etc
need to be very carefully filed and stored. You will not believe how much paperwork is involved.

I had a hand injury. I literally could not get an appointment to see a hand doc without insurance
claim numbers. Getting those claims going is a high priority.

The agents assigned to your claims may be lazy. Stay diligent and make sure they are processing
everything promptly. Call them a lot.

Take photos of your injuries and your bike. This may be useful later.

This will work out OK for you if the old lady has good insurance. You may or may not need a lawyer.
I did OK without a lawyer, however, I really don't know how to determine if you need one or not.
Actually you may be better off hiring an accountant to handle the paperwork and bills.

Good luck and heal fast.

On Tue, 23 Sep 2003 09:11:01 -0700, Brian Scott wrote:

> I was going straight through an intersection. The oncoming elderly driver admitted to looking in
> her rear-view mirror instead of where she was going. She never saw me, and turned directly into
> me. She admitted fault, and their was an officer on the scene. The paramedics came, but other than
> road rash, I appeared to be alright. Later, I decided to go to the hospital, and it was determined
> that I have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't
> believe. It's a total loss. I'm required to wear a sling and keep my shoulder immobile for two
> weeks, which means two weeks of lost wages. Total damage to the bike and parts is right around
> $2000.00. I'm in quite a lot of pain. One of the biggest dissapointments is not being able to do
> my last organized century of the season this Sunday. I've put in a lot of training. I'm wondering
> how to proceed with her insurance company's claim department. Do I get a lawyer? Thank you very
> much for your help,
>
> Brian
 
Jay Beattie wrote:
>
> "Ken Bessler" <[email protected]> wrote in message
> news:[email protected]...
> >
> > "Brian Scott" <[email protected]> wrote in message news:[email protected]...
> > > I was going straight through an intersection. The oncoming elderly
> driver
> > > admitted to looking in her rear-view mirror instead of where she was
> > going.
> > > She never saw me, and turned directly into me. She admitted fault,
> and
> > their
> > > was an officer on the scene. The paramedics came, but other than
> road
> > rash,
> > > I appeared to be alright. Later, I decided to go to the hospital,
> and it
> > was
> > > determined that I have a fractured and seperated shoulder. My bikes
> frame
> > > was twisted like you wouldn't believe. It's a total loss. I'm
> required to
> > > wear a sling and keep my shoulder immobile for two weeks, which
> means two
> > > weeks of lost wages. Total damage to the bike and parts is right
> around
> > > $2000.00. I'm in quite a lot of pain. One of the biggest
> dissapointments
> > is
> > > not being able to do my last organized century of the season this
> Sunday.
> > > I've put in a lot of training. I'm wondering how to proceed with her insurance company's claim
> > > department. Do I get a lawyer? Thank you very much for your help,
> > >
> > > Brian
> > >
> > >
> >
> > Get the heck away from the insurance companies if you don't want to get F#$ked up even more -
> > shop around for a good lawyer. Even though you have an easy case, get a lawyer that won't take
> > 30% of the judgement/settlement as a fee.
> >
> > Hell, injury lawyers are getting so bad you almost need a lawyer to make sure you don't get
> > screwed by the lawyer.....america......
>
> You do not need a lawyer. Make a claim against the insurance company for the at-fault insurance
> company. Get some estimates for replacing your bike. Come up with a reasonable salvage value (they
> will want the bike or credit for its salvage value). Make a demand and get paid for your bike.
> This will be the easy part.
>
> Next, get a cooperative doctor (meaning one that is willing to write a report, not one who is a
> liar). Collect your medical bills, and when your condition has become stationary, make a demand.
> The demand will depend on the amount of your bills, the time you lost from work and the extent of
> your residual disability, if any. You are entitled to your actual economic damages (medical bills,
> wage loss) plus non-economic damages or "general damages" for your "pain and suffering" and
> disability.

All your advice is good, as it should be coming from a lawyer.

I think he needs to record all of his "lost opportunity" too. Personally, I think he should consider
reading some Nolo books if he isn't going to get a lawyer (and I agree he probably doesn't need one
if he is organized). He needs to be careful with what he does say and doesn't say, and he needs to
know what is realistic so he can gauge his efforts accordingly. (Nolo will help give him an idea of
the demand amount.)

http://www.nolo.com/lawcenter/index.cfm/catID/73BB194F-C331-4C03-82E96DC64062980C
http://www.nolo.com/lawstore/products/product.cfm/objectID/DA77A617-5E9E-42F3-8E17385C77C8AB8E

> This is the soft number, and the amount you recover will depend on a number of factors including
> adjuster attitude. Adjusters are not in the business of giving away money, but they are also
> required by statute in most states to make payment within a certain time frame. The most
> important thing for adjusters is verification: reports from credible doctors stating that you
> have a real injury and that your injury will result in real disability in the future (arthritis,
> loss of range of motion, etc. etc.) Emotional upset, etc., does not carry much weight -- although
> it may with a jury.
>
> Always keep an eye on the statute of limitations and the lien claims from medical insurers or your
> PIP carrier. They will want repayment out of your settlement. It is alright to give a recorded
> statement, but request a copy. Don't sign an over-broad medical release (which is harder to do
> these days) -- make it limited to treatment for the injury, and request that you be given copies
> of any records obtained with the release. Make a file and keep a copy of all your correspondence
> to the insurance company. Make sure you file an appropriate DMV report (if necessary in your
> state). Get the police report, if any. Sit down with your doctor after your condition heals and
> explain to him that he needs to catalog exactly your injury and your possible future problems.
> Maybe get pictures of your injuries, the intersection, the bicycle. Put together a settlement
> package with all this stuff and send it to the adjuster with your demand.
>
> The hardest part will be determining the value of your claim. Find a friend who has a friend who
> is a local lawyer or a claims adjuster. Talk to that person for free to see what their estimate of
> your claim
> is. If you cannot even get close to that number with the adjuster, then consider getting an
> attorney (which will cost you a fair part of any future settlement -- especially if your
> attorney files suit, then you have to pay for the cost of filing). I defend lawsuits
> (typically products liability cases and not car accidents) and represent bicyclists on
> occasion in auto cases (hurt friends). The bicycle/auto cases typically settle informally for
> a reasonable sum. I have a pretty good idea of value, but I always get a second opinion or
> two from my plaintiff's-attorney buddies. A clear liability/low damage (no offense) case like
> this one will never go to trial. -- Jay Beattie.
 
"Brian Scott" <[email protected]> wrote in message
> I'm wondering how to proceed with her insurance company's claim department. Do I get a lawyer?
> Thank you very much for your help,
>
> Brian
>

Hi Brian-

My opinion?

You'd probably benefit from talking to a lawyer. You don't necessarily need to proceed with legal
action, but a good attorney can explain your options better than most of us on the newsgroup.

And don't sign anything from the other drivers insurance company that you don't feel comfortable
with.... period.
 
In article <[email protected]>, gwhite <[email protected]> wrote:

> I think he needs to record all of his "lost opportunity" too. Personally, I think he should
> consider reading some Nolo books if he isn't going to get a lawyer

That would be the famous legal author, Nolo Contendere?
 
Originally posted by Brian Scott
Later, I decided to go to the hospital, and it was determined that I
have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't believe. It's
a total loss. I'm required to wear a sling and keep my shoulder immobile for two weeks, which means
two weeks of lost wages. Total damage to the bike and parts is right around $2000.00. I'm in quite a
lot of pain. One of the biggest dissapointments is not being able to do my last organized century of
the season this Sunday. I've put in a lot of training. I'm wondering how to proceed with her
insurance company's claim department. Do I get a lawyer? Thank you very much for your help,

Brian

I'll try to keep this simple. I had a similar incident - broken scapula, 6 months until I was fully healed. Driver was stupid, but not old.

I'm guessing your case is worth about $30k. Forget any idea you have about punishing the driver, it's not a factor. If you don't get a lawyer the driver's insurance company will try to **** you - nothing personal, it's their job and they're pretty good at it. If you're incredibly resourceful, crafty, and meticulous and you're a good poker player you might beat them at their own game. A PI lawyer will take 1/3 and you'll have to do almost nothing other than make a deposition. So get a lawyer and walk away with $20k tax free or play poker and maybe get $30k.
 
Brian Scott wrote:

> I was going straight through an intersection. The oncoming elderly driver admitted to looking in
> her rear-view mirror instead of where she was going. She never saw me, and turned directly into
> me. She admitted fault, and their was an officer on the scene. The paramedics came, but other than
> road rash, I appeared to be alright. Later, I decided to go to the hospital, and it was determined
> that I have a fractured and seperated shoulder. My bikes frame was twisted like you wouldn't
> believe. It's a total loss. I'm required to wear a sling and keep my shoulder immobile for two
> weeks, which means two weeks of lost wages. Total damage to the bike and parts is right around
> $2000.00. I'm in quite a lot of pain. One of the biggest dissapointments is not being able to do
> my last organized century of the season this Sunday. I've put in a lot of training. I'm wondering
> how to proceed with her insurance company's claim department. Do I get a lawyer? Thank you very
> much for your help,
>

You should absolutely consult with an attorney such as http://www.velolaw.com or or
http://www.mcwattorneys.com
--
Andrew Muzi www.yellowjersey.org Open every day since 1 April, 1971
 
I'd get a lawyer. In 85 I had something similar,too, no fracture but lots of muscle strains, bike
damaged, etc. driver admitted fault. I had 3 months of therapy. I was fairly lucky without a lawyer-
but was still in school,(working part time) so lost wages was only a few days, they did replace the
bike, paid my med bills,and gave me $1300(standard rate for my "Pain and Suffering").

Getting ahold of her insurance company was often problematic, and they were doubtful about the
bike. BUT I was lucky and had no major further problems. SO GET A LAWYER.... and again don't sign
anything final till you really have to.
 
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