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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.
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!!
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.
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
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.
So sorry to hear about your DH. Best wishes.
Here is link you might want to look at.
http://www.bikeleague.org/action/bikelaws/
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.
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
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.
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
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
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.
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.
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!!
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!!!