I was riding my bike and a lady t-boned me on my ride side. I flew up on the hood of the car and flew to the pavement. I had roadrash, brusing, and a concussion. No broken bones. She was 100% at fault according to the police report. She was also driving with a suspended license. How should I go about obtaining compensation? Through the insurance company or through a personal lawyer? I would just like money to cover medical bills and the bike, anything extra would be a bonus. Which is the best option? With a lawyer I would have to pay out 30% with less hassle. With insurance, I would have to deal with it myself but may end up with more money. Any one have experiences with this?
The police report stated it was completely her fault. She was at a control intersection and I was traveling on a road with no traffic control regulations. She was ticketed for failure to yield the right away and for driving with a suspended license.
Answer by Pedro S
you will not get more $ dealing with ins yourself...all u get is what the Dr bills are...you need the lawyer to sue if u want damages
Answer by Jifr
Hhiya....
Why does the police report say she is at fault? Driving with a suspended license does not make someone 'at fault'.
.....from my experience with bicyclists (assuming not a MC) - there is going to have to be some egregious negligence on her part. Bicyclists tend to sometimes be in places they are not supposed to be....leading to accidents of course. Just because you are on a bicycle and got hit doesn't make her automatically at fault.
So......assuming liability does wash out in your favor.......handling a claim is something you can do on your own. You don't need an attorney.
One thing I always used to tell particularly annoying claimants when they threatened me with an attorney was to PLEASE go ahead and do it. Why? Attorneys are SOLELY middle people. They don't decide what the claim is worth...they don't decide how much you should accept. They basically talk to me to get information to pass on to you. Sure...they can negotiate on YOUR behalf but....the attorney was not hurt so....guess who I'm really negotiating with? The injured person.
So - when that annoying person got an attorney? That annoying person pestered the attorney and not me. :-D. Then...the attorney would be in a hurry to settle the claim because they do NOT want to be dealing with annoying people.
And - that annoying person gives up 1/3 of their settlement to someone who really doesn't do anything.
I bet you're not annoying and are perfectly capable of saying what you want and being able to negotiate for yourself. Give it a try at least....you can always get an attorney later.
Goodluck!
~jifr!
Answer by oklatom
To begin with, you are entitled to be compensated for your loss. That would mean the money to repair your bike, or it's worth at the time she hit it if it can't be fixed, and your medical bills. You aren't going to get any bonus or profit from the experience.
She may not have insurance, or if she does they may refuse to cover her is she was driving with a suspended license.
That being said, add up what you are out and send her a bill. If she gets any portion of that back from her insurance, good for her, but she owes you compensation for your losses.
If she pays, you're done. If she doesn't, then you may have to take her to court, but first send the bill and a demand to pay, and see what happens.
Answer by Todd C
First, Pedro and another are incorrect. As long as you are entitles to comprensation (noting possible no-fault laws), you can most certainlly collect for medical bills and 'pain and suffering". No attorney or suit is required.
There are _many_ things that you need to consider... will you be getting Personal Injury Protection (PIP) coverage from anyone in your household or the driver's policy that hit you? If you live in a PIP state are you allowed to collect anything from the other driver based on your medical bills and injury? The drivers adjuster should be able to tell you this.
Also, does the other person actually have insurance? all insurance companies will drop someone's policy if they have a suspended lic (no point in insuring someone who cannot legally drive) and most people who feel that they can drive with a suspended lic., don't think they have to pay for insurance either (scum of the earth manage to get their lic suspended and drive anyway... why would you expect them to pay for insurance).
I could go on and on about this situation but I'll say this... you can obtain the service of an attorney _at any time_. Perhaps you want to hear what the adjuster can do for you and then determine if you want to pay an attorney 33% of the settlement (meaning, you'd have to think the carrier is going to pay 33% more then their final offer to you). That is, if you only had $ 500 in medical bills and the other carrier offered you $ 1000 to settle, do you really think an attorney could get you doubt that?
Lastly, if you are going to settle on your own, before you do, contact the medical providers and see of you can pay them a percentage of what they are charging. Don't mention what the settlement is. Many times the providers will take 50% or so of what they bill for as, we all know, their bills are inflated anyway.
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Orignal From: Hit by car riding my bike, obtain compensation through insurance or personal injury lawyer?
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