Boyfriend hit by car today

[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.

[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.

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.