Dog versus cyclist :(

[emily_in_nc]

Ariel,

I am so sorry to hear about your accident!

I was in a dog-induced cycling accident nearly four years ago now and fractured my pelvis in three places. Had surgery to put in a 6" stainless plate and four pins. To recover the expenses that my health insurance didn't cover, I later filed a claim with the dog owners' homeowners insurance and was able to recover all of my out-of-pocket expenses. I did have to sign a waiver saying that I would make no future claims, so they basically paid me off (to the tune of right around $4K), but if I'd had future medical issues resulting from the accident, I would have had no additional claim.

I live in a county with a leash law; otherwise, I probably wouldn't have been able to go this route. The two dogs were loose in their yard and ran out to the road, causing me to touch my front wheel to my DH's rear wheel trying to escape.

I did consult with a lawyer in our bike club. He was not encouraging. He said that typically, at least here in the rural south, jurors would be just as likely to side with the dog owners as with a cyclist. He figured I'd have about a 50/50 chance of winning, and would spend around $2K even if I lost, so that is why I didn't go that route. He actually was the one who suggested I file a claim with their homeowner's insurance, but not until my treatment was complete. Of course I had to contact the dog owners to get their insurance information, but they did willingly provide it. They seemed genuinely remorseful, unlike your situation with the clueless woman.

So much of this is dependent upon your state and local laws, so do consult a lawyer! And I hope your healing is not too terrible. I was in ridiculous pain and on opiates for at least two months (gradually tapering down), out of work for 3 months, though I was able to work from home after six weeks, when my short-term disability would no longer pay 100% of my salary, so I lost no pay. If I had, I would have filed for that as part of my claim. You are definitely due lost wages in addition to medical and other out-of-pocket expenses! If my DH had not been retired, I would have probably had to have a homecare nurse, at least at first, as I was very helpless for awhile there. I couldn't get upstairs for the first month, had a hospital bed in my living room, a wheelchair, a walker, etc. Not a fun time at all, but I did get a lot of reading and napping done -- the one silver lining!

One thing you may end up with, down the line, is a leg-length discrepancy. I did, and I know Triskeliongirl here, who fractured her pelvis in a car/bike accident, did as well. This may affect your cycling, running, and even walking. I am about 95% now and can ride and even run, but I doubt I'll ever ride centuries again, as I did before the accident, as I do have some lingering SI joint pain, and you may too.

If you'd like to chat more, have any questions or just need some support from someone who has been there, feel free to PM me. I SOOOOO feel your pain!