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.

[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.

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 . 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