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.