Boyfriend hit by car today

[dobielover1]

Jim was commuting to work today and got hit by a car that ran a red light. It was 6:00 in the morning and the driver said that he didn't see any other "cars" in the road.

Jim was knocked unconscious (EMT said he was out for about 10 to 15 minutes). He says he remembers getting on his bike this morning and nothing else until waking up in the ambulance. He has a concussion, cracked ribs, several broken teeth, and a broken collarbone. He's having oral surgery on Friday.

I almost got sick to my stomach when I saw his bike and helmet. The bike is bent almost in half (frame fractured in several places) and his helmet looks like an eggshell. Of course the only thing Jim keeps asking about is the condition of the bike...it's his baby. He's afraid that the driver's insurance won't give enough to pay for the bike.

The driver was clearly at fault. Are they responsible for his medical bills and lost wages? We don't want to be labeled as the type of people that are litigation crazy...but I am hoping to avoid a lot of out of pocket expenses for the dental work.

[Thistle]

oh that's awful. it does make your stomach churn to see the helmet, the bike and all the mess, and worry that your loved one is badly hurt. I hope you and he are both recovering from the shock, and i hope the driver is a decent person who insists on covering your costs. sending lots of healing thoughts to both of you.

[ladyfish]

Seems like the car owner's insurance should cover it just as if he had hit another car.

Glad to hear he will recover. That's a really terrible thing to happen. I'm sending healing thoughts his way.

[Aggie_Ama]

I think they would definitely be responsible and I would not feel bad about suing them. People who sue if someone barely taps them is one thing, but he is actually hurt. They are responsible and medical bills are ridiculous, the responsible party should pay. Was a police report filed? I would think there might be problems if there were no witnesses, I would assume you must prove your BF was obeying the traffic laws.

Best of luck with getting the responsible party to pay and a speedy recovery for Jim!

[Bikingmomof3]

How dreadful. Sending healing thoughts for Jim. I would assume the driver's insurance should cover the costs, at least I hope they do.

[Lise]

Oh, I am so sorry to hear about Jim's accident! Wishing him a full and speedy recovery, and the best of luck with the driver's insurance.

[mimitabby]

Get a lawyer. We have bicycle friendly lawyers in our area, I"m sure there
is one in yours too.

[Cassandra_Cain]

Tabby - first off I'm so sorry to hear about what happend to Jim. How terrible :(

I'm glad he is ok, in that he will make it through this!

As far as bills and such - you betcha it best be covered. As soon as you can, get a copy of the police report. More than likely, or at least hopefully, the driver was cited. It should also list his insurance company and policy #. From then, you want to call the insurance company and open a claim. They will need the medical bills, plus what they call property damage, which to you and me means Jim's bike. You also want to consider pain and suffering - that is not to be trivialized. IMO, them paying his bills, bike, and saying sorry does not begin to cover the ordeal that this has been and will be as he recovers. If the ins. company neglects this, then you will want a lawyer.

This is exactly the process I'm going through - I was hit by a car at the end of July. I just got a check to cover my bike. It too was totaled, like Jim's. Let me tell you - it is definitely a sickening feeling seeing my bike, the crushed wheel, etc - so believe me I relate to that emotion.

Best wishes and luck - I hope he has a speedy recovery :)

[pooks]

How horrible! I hope Jim heals easily and quickly.

As for the other -- I agree, get a lawyer. A friend worked for a personal injury lawyer for a few years (I know, boo-hiss!) but the fact is a couple of people in my family have been hit by other drivers (everybody in autos, though) and with the lawyer involved, their problems were smoothed out. Nobody got a huge settlement or anything, that wasn't the point. But they didn't get the runaround and their bills got paid, their medical bills were covered and they got wages lost. Whether they would have gotten all this without the lawyer I don't know. I know that they would have had many many headaches dealing with insurance companies if the lawyer hadn't been handling it all, and that's worth a lot.

That has been our experience. Others' may vary.

[CyclChyk]

I am so sorry to hear about Jim's accident and certainly will keep him in my prayers for a speedy recovery.

The drivers insurance (provided he has any) should definately pay his medical (up to coverage amount, be it $100k, $300k), cost of bike ("book" value; not full retail) etc, but getting monies for time lost from work is iffy. You might have a law suit on your hands.

[Nanci]

Glad to hear he's relatively ok. We just had a club member crash (due to a stick in his wheel!) who requires extensive oral surgery. At least it's something they can fix- unlike an un-helmeted head. He doesn't remember large portions of the crash, either.

I hope the driver's insurance just covers expenses without threatening a lawsuit.

I would never think of running a red light, but tons of other drivers in my city do it all the time. It's just a $126 fine, and a cop has to see you do it.

Nanci

[esther231]

My son was hit by a car a few years when he was walking. (he's okay) But he wasn't okay at the time. He was in intensive care for about a week.

Our car insurance paid the bill. Isn't that odd? But it's true. He was in a friend's car, got let out to go the store and went to cross the street. A van hit him. Our car insurance paid and we were no where around.

Maybe it's different in different states.

Forgot to say, I hope he heals quickly. I think it's terrible that it happened to him.

[Xrayted]

Oh, wow! I'm so sorry to hear that. All my best to you both.
The driver's car insurance should cover it. Don't let them tell you otherwise. Although nothing can change what has happened, how you both handle the future is in your hands now. I'm not one to sue either but I say litigate if you must to recover your financial loses. This is not some small scrape.
I've been through something similar, only in my case, the other guy had no insurance. It took me a lot of years to recover financially. It's not just the immediate future you should worry about. (after over 15 years, I'm still having to overcome/adapt to some major physical limitations caused by the accident- and do it on my own dime. :( ) Do what you have to do.
Here's hoping for a speedy and full recovery. :) I'll be watching for updates. My prayers are with you both.
-X.

[KnottedYet]

Best thoughts to you and Jim.

I agree, get a lawyer and don't sign anything until the lawyer ok's it. Yes, driver should pay for lost wages, and many other things.

[short cut sally]

I am sorry to hear about the incident and what you both must be going thru. Speedy recovery and best wishes for Jim.

[7rider]

Oh, my. That is really bad news.
Best wishes to Jim and a speedy recovery.
I really hope things go well for you guys from the insurance point of view. I would hope that car's insurance company would pay for everything. Don't sign anything until they do.
Good luck and strength to both of you at this time.

[Triskeliongirl]

The good news is that he wasn't more hurt and he will heal. Yes, the driver is responsible for the REPLACEMENT cost of the bike (just get a quote from your LBS), medical expenses, lost wages, and pain and suffering (usually calculated according to a formula based on med exp and lost wages). As others have said, get a good lawyer and don't sign anything without it. You will be suing the drivers insurance cmpany. Was the driver cited and/or does the police report support Jim's claim that the driver made an illegal turn into him? I was hit by a car commuting to work, and in the end I won, but the driver's insurance company dragged it out for a long time. So, be prepared to be patient. For now, worry about hiring a good lawyer, and helping Jim get well!!

[xeney]

Oh, no, I am so sorry to hear this. I am glad that it sounds like he will be okay. This is my biggest fear -- my husband has been hit once, but not seriously, and I worry about it all the time. I hope that his recovery and your dealings with the insurance company go smoothly.

[Blueberry]

but in NC, your UIM (Uninsured/Underinsured Motorist) coverage will take care of you if you're hit while on your bike and the driver doesn't have insurance or doesn't have enough insurance to cover the injuries. If you file a claim on your policy too (even if the other driver has insurance, but it isn't paying), lots of times you get the funds, and the insurance companies battle it out without your having to wait. The catch is that you have to promptly notify your carrier (I know the court issued a ruling on this, I just haven't read it recently).

I second what others have said - talk to an attorney licensed in your state regarding the best course of action. Doesn't mean you have to get involved in a full blown lawsuit, but it is nice to know what your rights are.

So sorry to hear about your hubby - best wishes to him for a speedy recovery!

Carrie Anne

[dobielover1]

Thanks so much for all of the warm get well wishes.

The driver was issued a ticket for going through the red light...he broadsided Jim on his left side, he bounced off the hood and his face hit the windshield. I'm going to take everyone's advice and contact a lawyer tomorrow.

[Surlygirl]

So sorry to hear about your DH. Best wishes.

Here is link you might want to look at.
http://www.bikeleague.org/action/bikelaws/

[Triskeliongirl]

Again, its terrible that this happened, but its GREAT the driver was issued a ticket. That will make establishing guilt MUCH easier than it might be otherwise. You shouldn't feel bad about sueing this person. Remember you are not even sueing him, you are sueing his insurance company. THAT is what insurance is for! A good lawyer usually works for a percentage of your award. This may seem like a lot, but without a laywer its hard to get what you are entitled to from the insurance company so I think you still do better. That is great you are going to hire a lawyer tomorrow. My husband did that while I was still in the hosptial. It is important since the lawyer can represent you with the insurance companies from day 1. This also decreases stress in what is already a very stressful situation. AGAIN, sending healing wishes your way.

[emily_in_nc]

How horrible - best of luck in getting through this and supporting Jim in his recovery.

My situation was a little different. I fractured my pelvis after someone's two unrestrained dogs ran right at me in the road while I was riding and I crashed into my husband trying to escape them. I did contact a lawyer in our bike club who recommended not suing in my case as my odds of winning would be no better than even (but a bike/dog encounter is quite different than a motor vehicle accident). He recommended filing a claim against the dog owners' home owner's insurance, which I did. I only asked for my out-of-pocket expenses, which were only around $4K since I have good health insurance. I didn't even have lost wages due to short-term disability coverage at work and then working from home during my recovery. The insurance co. interviewed my husband and myself over the phone, we had to send copies of my medical records and receipts for all expenses, and they covered my out of pocket expenses in full. It did take awhile since I couldn't even file the claim until I was released from medical treatment and physical therapy.

I am sure you'll be vindicated in your claim and/or lawsuit too. Good luck!!

Emily

[tygab]

hope your boyfriend recovers smoothly. there will be up and down days, and I am sure both of you will experience a variety of emotions along the way. That's part of the process too and at the end of the day hopefully you both can find the good moments and focus on them, rather than dwelling on the challenges.

Best of luck.

[Aggie_Ama]

You might want to check out the advice from when Susie got hit. Her motorist was much nicer, but the advice would help in your situation. Best of luck.

http://forums.teamestrogen.com/showthread.php?t=6635

[ace]

Awful news...hang in there.

I'm a lawyer (in California), so wanted to put in my 2 cents.

What someone said above is incorrect, if you end up having to file suit, you WILL file suit against the driver of the car, not his insurer. His insurer is obligated to defend and indemnify him for liability incurred by this accident. If the driver has no insurance, he is personally liable for the damages.

You should have no problem getting what's due you, given the fact that the driver was issued a citation. You would be entitled to:

-replacement value of bike
-lost wages
-medical costs
-compensation for other monetary damages caused by accident
-pain and suffering (as someone said above, usually calculated by multiplying all the damages above by some number, 3-5 in California. So if you have $5000 of lost wages/medical costs, your compensation for pain and suffering should be $15,000-$25,000. This number can vary greatly from case-to-case and state-to-state)

A personal injury attorney will always work on a contingency basis, for a portion of the amount you recover from the insurance company. So if you get your award before going to trial, he/she gets 25%, after trial 30%, something like that.


Best of luck with it all.

-Amy

[Triskeliongirl]

Thanks for the clarification Ace, which is exactly why I recommend that you guys get a lawyer to help you through this! I was surprised to learn after my accident that lost wages isn't just money you lose, but your salary for the days you are out, even if as a benefit your employer gives you sick leave (since technically you are using up sick leave that you might need later becaue of the negligence of the motorist). Also, be aware that your medical insurance company may also want to recover some of their costs, but in my case my lawyer and insurance company worked it out so the medical insurance company paid the lawyer for the portion of the settlement that was theirs rather than me. You clearly have a strong case with the citation, so you just need a good lawyer to help you navigate through it. In my case the motorist lied about the color of the light, and the policmen failed to take the contact info. of the witnesses, so it was more complicated to prove but in the end I won. The bones will heal and before long you'll be putting this all behind you.

[Duck on Wheels]

First of all, my sympathies to you and your BF. Also some words of optimism: His injuries sound about like those my husband suffered when a driver pulled a left turn right in front of him. My DH has healed, is back on his bike, back to trekking up on mountain tops, etc. Yes, there are some lasting effects (scars, one shoulder slightly smaller than the other and with somewhat less mobility) but the nightmares are gone and he's back to a normal level of activity. In fact, the recovery went remarkably fast.

That said, I definitely agree that you should contact a lawyer, as well as your insurance company. The other driver and his insurance company should be covering all your medical expenses (including rehab/PT/massage therapy/whatever ... and including those covered by your insurance), all lost wages (including those picked up by your BF's employer as sick leave), all material costs (clothes, helmet, bike, transportation costs for visits and follow-up appointments ... check with a lawyer and keep receipts for everything that should be covered. This may also be a matter for negotiation in the final settlement. For instance, my DH was asked what tasks were more difficult now that he has restricted range of motion in his right arm. That resulted in his getting a lump sum for future house painting tasks that he may not be able to do on his own any more, plus enough for a motorized mower since it's harder for him to haul the mower up our steep lawn.), AND a good sum for "pain and suffering".

Note too that at least some insurance companies won't pay out anything until the final settlement. Depending on your financial and insurance circumstances, this can put severe pressure on you to settle early. Try to make arrangements so that you can wait it out until you're sure you know all the physical, psychological and monetary costs that you'll be facing.

Do NOT feel guilty about getting the settlement you're owed here. This is NOT about "milking" the system. This is about the other driver (and his/her insurance company) taking responsibility for the very real losses his/her recklessness has caused.

[TerraNik]

Wow.. Firstly I hope your boyfriend is OK and I hope he recovers swiftly!!

With regards to the insurance side of things - it certainly is different in the US compared to Australia!!! Over here we have to pay Compulsory Third Party insurance, which covers personal injury to anyone involved in an accident (except usually not the driver at fault). So in Australia, your boyfriend and his medical costs and rehabilitation would be all automatically covered! It's interesting, I think, to compare what different countries do... I couldn't imagine having to take someone to court every time there was an accident!!

[bouncybouncy]

Healing thoughts to Jim...and soothing thoughts to you!!!

I am soooooooo annoyed with this sue happy world for idiotic things that are usually your own fault but in this case you seem to have EVERY right to get compensation! Bike, helmet, dental, medical, lost wages....
Don't worry about replacing what is damaged or lost due to someone elses negligence...hope it all works out for you and Jim!!!

[pooks]

It's interesting, I think, to compare what different countries do... I couldn't imagine having to take someone to court every time there was an accident!!

It is interesting, for sure. But I'm not sure that getting a lawyer to represent your interests always means suing. I think it often simply means that once a lawyer is involved, the insurance companies are quicker to take care of business because they're wanting to avoid legal action. (I could be wrong.)

But yes, it would be nice if you didn't have to do that.

[SouthernBelle]

It is interesting, for sure. But I'm not sure that getting a lawyer to represent your interests always means suing. I think it often simply means that once a lawyer is involved, the insurance companies are quicker to take care of business because they're wanting to avoid legal action. (I could be wrong.)

But yes, it would be nice if you didn't have to do that.

Pooks,
You are quite correct. There is a lot of well-intentioned and incorrect legal advice in this thread. The OP should simply talk to an attorney in her state.

[bcipam]

First of all hope Jim is OK. That's the main problem right now. Getting him better. Take care of him. My prayers are with you both.

As to your claim: Hold off running to an attorney. Hopefully you have the drivers information. Contact the driver. Make sure the matter was reported to the insurance company. Get the insurance agent or company phone number and if they have not called you by now (usually call time is within 24 hours of reporting a claim), call them. Let them know who you are. Ask them what they need from you and if they have accepted liability. If so, ask if they can help out now with medical bills and the repair or replacement of the bicycle. Allow the insurance company to do its thing first. If you then get resistance or they begin to argue liability, then consider getting an attorney.

Depending on your state you have anywhere from 1 - 3 years to file a lawsuit. Getting an attorney means what ever the insurance company does pay 33% goes directly to the attorney. Your claim is not going to have greater value if you have an attorney. Most insurance adjusters are not intimadated by attorneys. In fact, it makes things easier for them. They have a higher duty when dealing with "real" People. When an attorney's involved, claim goes to the back burner. Also if Jim's injury claim is worth say $15,000 (and his is in reality worth much more than that) that means you get only $10,000, less costs, and the attorney gets $5,000. Try to handle this matter yourself first. If you need any help or further advice you can PM me.

Pam

[bcipam]

I'm a lawyer (in California), so wanted to put in my 2 cents.


A personal injury attorney will always work on a contingency basis, for a portion of the amount you recover from the insurance company. So if you get your award before going to trial, he/she gets 25%, after trial 30%, something like that.



-Amy

Amy in California its 33% before trial and 40% after. It might be lower in other states but the 33% contingency fee is pretty standard in most states. In dealing with injury awards for minors, were the award is court approved, the court will allow only 25% for the attorney.

In addition depending upon which State, the insurance company along with the driver and the owner of the car can be sued. Here in California the Insurance company can not be sued.
If and when you get that far, the attorney will provide you with advice. BUT, first work on getting Jim healed. Contact the insurance company and let them try and help you out. Yes I understand insurance company are the evil empire, but in most states, things have changed significantly (due to regulation by that State's Department of Insurance) and insurers now have a much higher duty to resolve claims quickly and equitably. Now there are some bad adjusters out there just like there are bad lawyers, and doctors etc., but most really try to do the right thing. I do want everyone to understand that adjusters deal with attorneys on a daily basis and it doesn't scare them to pay faster or more. Actually many adjusters want claims to become lawsuits. Once a claim goes into suit and and attorney is representing and protecting the interest of the claimant, alot of the Department of Insurance regulations no longer apply. In other words, the adjuster gets some breathing room and can move on to the next claim. Of course getting an attorney doesn't mean you automatically file suit, the attorney has 1 - 3 years to get the claim settled before he files a lawsuit; I'm just saying the adjuster no longer has to worry about regulatory timelines etc.

[Trek420]

what pooks sed "I'm not sure that getting a lawyer to represent your interests always means suing. I think .... once a lawyer is involved, the insurance companies are quicker to take care of business....(I could be wrong.)"

I agree, sometimes even having one write a letter, or review the settlement before you sign and indicating that they will can help. Hopefully that's all you need to do, have one read the settlement before you sign, that would be best.

We are a litigious (sp?) society and that's a shame, but this does not mean you are suing or intend to.

My ex had to get a lawyer to get the insurance settlement from her own insurance company when she was hit by an uninsured and unlicensed of course driver. Took years, from her own company....she'd still be waiting without one sheesh kabob.:mad:

But mainly I'm glad it sounds like DBF will be ok. This thread could have been much worse and that's the most important.

[dobielover1]

Just an update on Jim - he had a fairly restless night because of the pain. With the head injury, the doctor did not want to give him anything sedating. However, now that the initial 24 hours have passed, he is being given something stronger and hopefully he'll be able to get some rest.
He's in good spirits, we are joking around that we are going to have to have a memorial service for his bike.

The insurance agency hasn't contacted us yet. I think we'll listen to what they have to say then contact an attorney. Thanks again for all of your support and advice...it's a crazy time and I'm not thinking all that clearly.

[cindysue]

so sad to hear about your boyfriend. It's wonderful that he has you for support. I hope the pain subsides soon and he has a speedy recovery.

[Triskeliongirl]

The reason I advise working with an attorney, is that while its easy to get the insurance company to 'accept liablity' and issue a check for a new bike and med bills, the lost wages and pain and suffering parts are more complicated. When I said I sued the insurance compnay of the women that hit me, that is probably not correct. What I hid was hire a lawyer, and he started by issuing a 'demand letter' on my behalf to her insurance company asking them for what we thought was fair reimbursement. They came back with a low-ball counter offer and this continued for some time. Finally we went through a process called mediation where my lawyer and I sat around a table with the insurance company lawyers (the women that hit me declined to attend) and a third impartial lawyer who acted as the mediator. If this didn't work, then the next step would be going to court, but it did. It took time too, because you don't want to settle until you know the extent of your injuries, which can take time. In retrospect even I settled too soon since 5 years after the fact I found out my injuries had been more extensive than initially diagnosed. While I did have to give 30% of my settlement to my lawyer it was money well spent cuz I am sure with out him I would have ended up with even less, given all the low ball counter offers from the insurance company. The reason I think you should talk to a lawyer soon, is that my lawyer didn't want me to talk at all with the insurance company, they can turn around things you say later to hurt you, or get you in haste to accept a low ball offer. Any letters that came in whether from mine or her insurance companies were promptly sent to my lawyer to handle.

[mimitabby]

I agree with Triskeliongirl about the lawyer. My husband works in insurance and he too would not hesitate to hire a lawyer in a similar circumstance because he DOES understand how insurance companies work.
Insurance companies (yours included) owe their first allegiance to themselves.
they will pay you what you agreed upon when you bought the policy but it is not all black and white. Having a lawyer familiar with this process keeps the insurance company(s?) on their toes and speeds up the process.
When my husband ends up dealing with lawyers on work cases, it vastly simplifies the claim for him. In 10 years of this kind of work (he is an insurance adjuster) he has NEVER gone to court (and he deals with lawyers every day)

ps glad your sweetie feels good enough to have his sense of humor!

[Bad JuJu]

Just want to add my belated So Sorry to the rest. Also, glad to hear that it wasn't worse, as it certainly sounds like it could've been. Hugs!

[AllezGirl]

Best wishes to Jim for a speedy recovery. On the bright side, for whatever reason, cyclists seem to be more "resiliant" that the "normal" person.

What Pooks said.... You need to focus of Jim's health, let a trusted lawyer deal with the insurance company. One of the members of our cycling club is an attorney and has assisted several members through similar issues. Ask around for a good recommendation.

[GirlWonder]

Just wanted to wish Jim a speedy recovery. Hang in there!

[Denise223]

I am terribly sorry to hear of your boyfriends horrible accident :eek: . Sending many prayers & healing thoughts to him for a quick recovery.

Please keep us updated on his progress.

Peace & Love,

Denise

[Jo-n-NY]

I am so sorry to hear about your boyfriend. I am wishing him a speedy recovery and everything work it self out for him.

~ JoAnn

[Susie]

I'm so sorry about the accident and I hope that he heals up well soon. Here's what I've learned from my accident in May:

1. The responsible insurance company will replace the bike right away. I had a new bike within 3 weeks (most of that was because my LBS put a quote together for me the next day and my insurance company fronted the money and then got reimbursement from the driver's insurance).

2. The responsible insurance company will reimburse all medical costs (your costs as well as the payments that your health insurance company paid) as well as any other expenses related to the accident (I live alone and had to have someone come in a clean for me a couple of times, I've had to buy medical supplies, etc.) as well as a "settlement" (usually 2-3 times the total cost of expenses). They won't make any of these payments until a waiver is signed saying that you are completely healed and that they are no longer liable for any medical bills. Since I have another 6-9 months before we can determine whether or not I need surgery, I'm not going to see a penny from them for this for probably a year or so.

3. Insurance companies set aside a reserve for each injury case. If your final expenses + settlement fall within that reserve amount, you're within their budget and you'll be fine. If they lowball the reserve, then you may have to go to court later. In my case, my initial x-rays didn't show any fractures or cartilage damage so the reserve was set too low. When I finally had the MRI and found out I had a fracture, a pretty bad adema, and major cartilage damage, things got a little rough.

4. The insurance company stopped returning my calls and I had no choice but to go to an attorney. He's managed to get them to up the reserve significantly. He will take 28% of the final settlement, but I have a feeling that he saved me a lot of money. Another nice thing is that I've been paying a lot of medical expenses out of pocket (I ran out of my physical therapy allotments about a month ago). My attorney has relationships with a lot of health care providers in my area and has the PT group sending my bills directly to him. He will be paying them out of the settlement. That's saving me about $250/week out of pocket right now. He also is handling all communication with the responsible insurance company and my health insurance company, and previously that was eating up hours of my time and keeping me awake at night in annoyance. All I do now is hand over my receipts and he takes care of the rest.

I guess what I'm trying to say is that this is going to be a process. I hope that he heals quickly and that he has no lingering affects. Tell him to hang in there -- it does get better.

Susie