Bicycle wreck...dog...what would you do?

[bcipam]

take it from someone who handles insurance litigation for a living... unless you are seriously injuried and have incurred medical bills, I would not even think of going to an attorney. I can't imagine any personal injury attorney will take the case pro bono but I guess doesn't hurt to ask. Get some referrals, make some phone calls and see if anyone is interested. I suspect all will decline since there is no money for the attorney to make. Remember this is how attorneys make a living by either charging an hourly rate or getting 1/3 of your settlement... they have to pay bills too.

Frankly I would do this... I would write a letter carefully detailing your damages and attach receipts if you have purchased replacements. I would also state you have 3 eye witnesses that the dog ran into the street (which is clearly negligence on the dog owners) and that if you will file in Small Claims Court if payment is not made. Also indicate that you will most likely seek other damages such as lost time, inconvenience etc. (whether or not these are collectable is not an issue - for now make the point the claim could be more than you are currently asking) if you have to file. Also ask that the matter be tendered to the property owners HO insurance carrier since there is coverage for just these types of cases. Ask for a copy of the policy or the owners insurance agent's information and if they don't, submit the claim yourself.

If they are non-responsive, use small claims court. File your claim and have the summons served. At that point the owners will know you are serious and will most likely pony up what is owned.

You don't need to pay 1/3 - 1/2 to an attorney - you can easily do this yourself. Why pay a $50 referral fee just to collect $200***. Makes no sense. Most courthouses have people who will help you file the small claim notice. Some courthouses also have clerks who can help you write a letter to the property owner. If you need any additional help, PM me.

***to add: The owners do not owe you replacement cost for your helmet and bike repair. Under the law they owe you "actual cash value" or the costs of the helmet etc less normal wear and tear. If your replacement cost is $204, assess a reasonable depreciation, say 20%, and ask for that amount. The owner might be more intersted in paying if you are willing to negotiate.

Final note: I glad you were not hurt. Helmets and bikes are just things - easily replacable - sometime body parts are not!