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

[goldfinch]

A lawyer might surprise you, goldfinch. Many communities have "bicycle lawyers" who are quite often happy to help with this sort of thing for a reasonable fee.

She has a claim of likely less than $500. What fee would be reasonable? A contingency agreement would be unlikely. An hourly rate would eat up any recovery mighty fast.

This is why there is small claims court.

Keep in mind, even if she wins she still has to collect. That can be the hard part. That is why I suggested a letter first.

[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!

[mariacycle]

I have a feeling you'd end up paying more in lawyer/court fees and it wouldn't be worth the $200...

[emily_in_nc]

Is there a leash law where you were riding? Filing a police report at the time of the accident would have been a really good thing to do, and I am not sure how much luck you'll have now "proving" what happened, but it may still be possible.

I have posted here so many times about my accident in 2005 that I am sure the regulars are sick of it (they can skip the rest of this! ), but here's a quick recap for you and other newer forum members: Two dogs ran out at me on the road when I was riding at speed along a rural road. There is a leash law in this area. I sped up to get away (purely on instinct as they came out from behind some trees very suddenly, startling me) and clipped my DH's rearl wheel. I went down hard on my hip, fracturing my pelvis in three places. The most serious fracture reached from my ilium to my sacrum and required orthopedic surgery to install a metal plate and pins. A highway patrol officer was called to the scene when my DH called 911, and I gave my report while lying on the road, waiting for the ambulance. The dog owners came out and indicated they would help out with expenses. Fortunately I had good medical insurance, but after I "recovered" enough and was back at work, I filed a claim with their homeowner's insurance for the uncovered portion (approx. 10% of the total cost, with insurance picking up 90%). I didn't lose any pay from work as I was on short-term disability. The insurance company paid me the amount I asked for (slightly over $4K), but I had to sign a waiver saying I absolved them of all future charges.

And there were some. I had to go back to PT and doctors a few times with pain even years after the accident. Even just this year I went to a pain doctor and ended up with a TENS unit that helps me ride with much less pain.

Before filing with the homeowner's insurance, I did consult a lawyer in our bike club about the possibility of suing for expenses and pain and suffering, but he wasn't too encouraging. He said I'd have a 50/50 chance at best to collect more than what the home owner's insurance would pay (i.e., pain and suffering, etc.) due to the attitude towards cyclists among rural dog owners, many of whom would probably end up on the jury, if it were to go to court. Unfortunate, but true. In the rural south, many people think that letting their dogs run free is a right, leash law or not, sadly. This may not be the case in some other parts of the country.

I am very sorry this happened to you, and you do deserve some form of compensation. However, for $200, I wouldn't spend too much to recoup my costs. Fighting this kind of thing has an emotional cost, not to mention the time involved, so you have to weigh that too.

You were very lucky not to be seriously injured! I would give anything to have walked away from my accident with just a few mechanical dents instead of a physical injury that changed my life, to some extent, forever.

bcipam gave you some excellent advice. I'd follow it. Good luck!

[Kerikay]

Thank you all so much for your replies. I did call and report it to the Sheriff's office so at least there is a record. I think I may just cut my losses and be thankful I wasn't seriously hurt. The guy was really agitated and I just don't have the time or patience to deal with him, and yes there is a leash law in my area which was obviously not followed.

[owlice]

I think you should still write the letter. That costs nothing but time. You can point out that the incident was reported to the sheriff and that you have eye witnesses who can testify that the dog was not under control/not leashed as is required and ran out at you, causing the fall. You are asking only for the direct costs you've borne to be covered and you hope the owner will do what is right in following through on his/her word.

The last part is key -- making this an issue of honoring one's word and doing what's right. I read years ago that collections letters which use language which invokes "doing what's right" (probably better phrased than that) are more successful than those that simply say "pay up, you deadbeat!" Not as much fun to write as the "pay up, you deadbeat" letters, however!

I'm glad you were not hurt (and glad the dog wasn't, either), and hope you get your costs covered!

[ivorygorgon]

Just a little addition regarding small claims court - it does cost $. I think in San Diego it costs $75 to file and then you have to serve it. You can have someone you know serve it for free (which you might be able to do), or if you have a process server do it, it costs about $50. So that is almost your settlement right there. Also, I want to second what the poster said about "actual cash value." people get confused about this, but what it really means is that they don't have to buy you a new one, just pay you for what the one you had - in its current condition - was worth.