I've been hit

Scott Sawyer

Yesterday afternoon, I was traveling north on a secondary city street
(Merriman Rd in Akron Ohio) that has only a few stop lights along its
length. The street is a false flat, and I was going down hill at about
21 - 23 mph. A car failed to yield and pulled out from a driveway in
front of me. I hit the front fender of the car, and flew head over
heels over the hood, and landed in the opposite lane of traffic.
Fortunately, I was able to get up and hobble to the side of the road.

My injuries are relatively minor. I was seen in the emergency room to
get stitches on my right shin. Otherwise, I have painfully bruised
both lower legs, and I have some roadrash on both legs and arms. I
never hit my head on either the car or the pavement.

My bike, a 2000 Cannondale R600, is trashed. The right leg of the
carbon fiber fork is broken in two places, and the right chainstay is
completely broken in two. The big chainring now has a 90 degree bend.

The driver was cited for failure to yield. I was not feeling well at
the time, and I didn't get her name or telephone number, although
those things will be on the police report.

The bottom line is that I'm ok, but I would at least like to get a new
bike out of the deal. Does anyone have advice on how to proceed from
here?

Best regards,
Scott Sawyer

Dr. Phil Is Weird

On 6 May 2004 14:27:03 -0700, scottandkathi@yahoo.com (Scott Sawyer)
said:

>The bottom line is that I'm ok, but I would at least like to get a new
>bike out of the deal. Does anyone have advice on how to proceed from
>here?

I'd file a lawsuit.

Paul Southworth

In article <655b3d9a.0405061327.5d3b3352@posting.google.com>,
Scott Sawyer <scottandkathi@yahoo.com> wrote:
>Yesterday afternoon, I was traveling north on a secondary city street
>(Merriman Rd in Akron Ohio) that has only a few stop lights along its
>length. The street is a false flat, and I was going down hill at about
>21 - 23 mph. A car failed to yield and pulled out from a driveway in
>front of me. I hit the front fender of the car, and flew head over
>heels over the hood, and landed in the opposite lane of traffic.
>Fortunately, I was able to get up and hobble to the side of the road.
>
>My injuries are relatively minor. I was seen in the emergency room to
>get stitches on my right shin. Otherwise, I have painfully bruised
>both lower legs, and I have some roadrash on both legs and arms. I
>never hit my head on either the car or the pavement.
>
>My bike, a 2000 Cannondale R600, is trashed. The right leg of the
>carbon fiber fork is broken in two places, and the right chainstay is
>completely broken in two. The big chainring now has a 90 degree bend.
>
>The driver was cited for failure to yield. I was not feeling well at
>the time, and I didn't get her name or telephone number, although
>those things will be on the police report.
>
>The bottom line is that I'm ok, but I would at least like to get a new
>bike out of the deal. Does anyone have advice on how to proceed from
>here?

Her insurance company is praying you don't talk to a lawyer.

--Paul

Zoot Katz

6 May 2004 14:27:03 -0700,
<655b3d9a.0405061327.5d3b3352@posting.google.com>,
scottandkathi@yahoo.com (Scott Sawyer) wrote:

>The bottom line is that I'm ok, but I would at least like to get a new
>bike out of the deal. Does anyone have advice on how to proceed from
>here?

Don't sign anything. It's too soon to know that you're okay.

http://bicycleaustin.info/justice/whattodo.html
--
zk

Zoot Katz

Here's some more reading for you.

http://www.massbikeboston.org/resources/crash.htm
--
zk

neil0502

Scott Sawyer wrote:
> Yesterday afternoon, I was traveling north on a secondary city street
> (Merriman Rd in Akron Ohio) that has only a few stop lights along its
> length. The street is a false flat, and I was going down hill at
> about 21 - 23 mph. A car failed to yield and pulled out from a
> driveway in front of
> me. I hit the front fender of the car, and flew head over heels over the
> hood, and landed in the opposite lane of traffic. Fortunately, I was
> able to get up and hobble to the side of the road.
> My injuries are relatively minor. I was seen in the emergency room to
> get stitches on my right shin. Otherwise, I have painfully bruised both
> lower legs, and I have some roadrash on both legs and arms. I never hit
> my head on either the car or the pavement.
> My bike, a 2000 Cannondale R600, is trashed. The right leg of the carbon
> fiber fork is broken in two places, and the right chainstay is
> completely broken in two. The big chainring now has a 90 degree bend.
> The driver was cited for failure to yield. I was not feeling well at the
> time, and I didn't get her name or telephone number, although those
> things will be on the police report.
> The bottom line is that I'm ok, but I would at least like to get a
> new bike out of the deal. Does anyone have advice on how to proceed
> from here?
> Best regards, Scott Sawyer

a) Get a copy of the police report ASAP! You can then reach out to the
offending driver to see if she'll make you whole without the whole
legal thing. She should have insurance that she can use to cover this
(auto insurance);

b) I hope/I'm glad you're well. Fat lot of bad luck that was. ("I-I-I I
just didn't see you." We all know that story.)

c) If the driver was cited, you're right: her info will be on the police
report. This will be your friend in (sorry) Small Claims Court, if
you _have to_ sue her for your new (work with me here) R5000 bike!
(here's a picture, in case you lost yours:

http://tinyurl.com/3gqdr



d) Meanwhile, check with your homeowner's/renter's insurance whether
you're covered under your own policy, letting _them_ sue her, or her
insurance company, for you. They may be willing to go that route.

Again, glad you're relatively okay. Sorry about the bike....

You should come out whole in this one.....

Keep us posted, huh?

Neil




--

neil0502

Zoot Katz wrote:
> 6 May 2004 14:27:03 -0700,
> <655b3d9a.0405061327.5d3b3352@posting.google.com>,
> scottandkathi@yahoo.com (Scott Sawyer) wrote:
> >The bottom line is that I'm ok, but I would at least like to get a
> >new bike out of the deal. Does anyone have advice on how to proceed
> >from here?
> Don't sign anything. It's too soon to know that you're okay.
> http://bicycleaustin.info/justice/w...ycleaustin.inf-
> o/justice/whattodo.html
> --
> zk

I hate to admit it, but that's great advice. If you can find a cycling
attorney nearby, at least you can get a sense of all of your rights, and
(to ZK's point) make sure you're protected if you aren't as alright as
you think.....




--

sittingduck

Scott Sawyer wrote:

> The bottom line is that I'm ok, but I would at least like to get a new
> bike out of the deal. Does anyone have advice on how to proceed from
> here?
>

My first reaction would be to @$%& her insurance company long and hard. Get a
lawyer and bleed em for all they are worth. Insurance companies, IMO are
nothing more than greedy extortionists that deserve to be raped.

Glad you weren't seriously hurt, and as others have said, wait a while and
see what still hurts in a week or 2.

You will probably have to replace the bike yourself and collect the $ for it
later, it could take a while to get a settlement.

DiabloScott

neil0502 [/i]
[B]I hate to admit it, but that's great advice. If you can find a cycling attorney nearby, at least you can get a sense of [i]all wrote:
> of your rights, and (to ZK's point) make sure you're protected if you
> aren't as alright as you think.....



Scott - if you have the time, skills, and ambition you can get a pretty
reasonable settlement yourself.

Otherwise you see a lawyer, they take 1/3 and get you probably the same
amount for almost no work on your part. You should definitely go this
route if you miss any time from work or have medical bills.

The driver's insurance has probably already given this info to their
lawyers, and their job is to give you as little money as possible,
remember that. They are experts at games you didn't know existed and
they might be able to screw you out of everything or even pay for the
scratches on the car!

Also, the more the insurance company has to pay you, the more the
driver's insurance rates will go up... that's important revenge. (OK,
I'm not positive about that but it makes sense.

I was hit 19 years ago, broken shoulder blade, some lost wages and bike
repair. I think it was $20k settlement and I got $13.3k.



--

Hunrobe

>scottandkathi@yahoo.com

wrote in part:

---description of crash and damage snipped--

>The bottom line is that I'm ok, but I would at least like to get a new
>bike out of the deal. Does anyone have advice on how to proceed from
>here?
>

1- Save any and all bills/receipts for the damages you've incurred.
2- Get a copy of the crash report.
3- Contact the other involved party.
4- Contact that party's insurance company.
5- Here's the hard part... wait. Wait to be sure that no injuries were
overlooked in the ER. Wait for the insurance company's settlement offer.
6- Go from there. Expect to do a little negotiating but don't expect a brand
new Seven and a six figure settlement. The crash you describe should not cause
you undue financial stress but it's not like winning the lottery either. Be
fair to both yourself and them.
7- If all the above fails, hire an attorney.

As an aside- my own experiences with insurance companies have apparently been
different than those of other posters that have replied here. No, they are not
benevolent entities but they *are* businesses and niggling over what to them is
a minor claim when it could lose them a current client (the driver), future
clients (you and all your family and friends), as well as generating bad
word-of-mouth ("Yeah, I'd *never* use that insurance company. They don't pay
claims.") is simply bad business.
Best of luck and glad you weren't seriously injured.

Regards,
Bob Hunt

R15757

Scott,

You have earned a new bike. Take your broken bike to a
reputable shop and get an estimate, signed by the
head mechanic there, which will show the cost to
replace your machine, not with a similar used machine,
but with a new one (if applicable this estimate should
also include the cost to have the shop remove the old
parts and put them on a new frame). With the police
report handy, contact the woman's insurance company
and give them this estimate, any bills for medical care
and lost wages. After a few weeks, which should give
any hidden injuries a chance to show, the insurance
company should send you a check matching your
request. That is the amount that is owed you. When you cash the check it
signals your acceptance of the
deal, so...If they try to shortchange you, threaten
lawyer, if they still shortchange you, get a lawyer and
get as much as you can, I guess. But you shouldn't (and I don't think you are)
look at this as a chance to
make some extra cash as some others suggest. Doing that is a karma foul
punishable by an even more
severe crack-up. Just count yourself as lucky you weren't vegetableized and
move on (with your shiny
new bike).

Robert

Andrew Reddaway

On Thu, 06 May 2004 22:22:44 GMT, neil0502
<usenet-forum@cyclingforums.com> wrote:

>Zoot Katz wrote:
> > 6 May 2004 14:27:03 -0700,
> > <655b3d9a.0405061327.5d3b3352@posting.google.com>,
> > scottandkathi@yahoo.com (Scott Sawyer) wrote:
> > >The bottom line is that I'm ok, but I would at least like to get a
> > >new bike out of the deal. Does anyone have advice on how to proceed
> > >from here?
> > Don't sign anything. It's too soon to know that you're okay.
> > http://bicycleaustin.info/justice/w...ycleaustin.inf-
> > o/justice/whattodo.html
> > --
> > zk
>
>I hate to admit it, but that's great advice. If you can find a cycling
>attorney nearby, at least you can get a sense of all of your rights, and
>(to ZK's point) make sure you're protected if you aren't as alright as
>you think.....

Make sure you get yourself checked out properly too. I had a
less-spectacular car-caused crash a couple of years ago. Was worried
I might have broken my scaphoid bone in my wrist. First GP thought it
was OK; I was still worried, got an X-ray a week later that showed it
WAS broken! If it wasn't detected, that bone would have never healed,
just died and gone arthritic etc...

Q.

> Her insurance company is praying you don't talk to a lawyer.

Her insurance company have already talked to their lawyers, and have already
outlined a plan to screw you out of everything. Have they called you on the
phone yet and tried to get you to screw yourself?

This is war. Get a good lawyer, or you're dead already.
C.Q.C.

Patrick Lamb

On 06 May 2004 23:54:23 GMT, hunrobe@aol.com (Hunrobe) wrote:

>1- Save any and all bills/receipts for the damages you've incurred.
>2- Get a copy of the crash report.
>3- Contact the other involved party.
>4- Contact that party's insurance company.
>5- Here's the hard part... wait. Wait to be sure that no injuries were
>overlooked in the ER. Wait for the insurance company's settlement offer.
>6- Go from there. Expect to do a little negotiating but don't expect a brand
>new Seven and a six figure settlement. The crash you describe should not cause
>you undue financial stress but it's not like winning the lottery either. Be
>fair to both yourself and them.
>7- If all the above fails, hire an attorney.
>
>As an aside- my own experiences with insurance companies have apparently been
>different than those of other posters that have replied here. No, they are not
>benevolent entities but they *are* businesses and niggling over what to them is
>a minor claim when it could lose them a current client (the driver), future
>clients (you and all your family and friends), as well as generating bad
>word-of-mouth ("Yeah, I'd *never* use that insurance company. They don't pay
>claims.") is simply bad business.
>Best of luck and glad you weren't seriously injured.

Wow, I find myself agreeing with Bob. Depending on the insurance
adjuster, you may actually get enough to get a Seven. I'd add a
couple of things to Bob's list:
0.5- Take pictures of your injuries. Vivid, graphic, show all the
bruises and stitches.
4.1- Go see the adjuster ASAP. Wear all braces, bandages, etc.. If
you're hurting, let them see that.
4.5- Take your bike, or what's left of it, to a bike shop and ask for
a written estimate on what it would take to repair it. You might also
get them to note the price of a comparable new model.
5.5- Replace your helmet (if you were wearing one), any equipment or
clothing that was damaged, and save the receipts.

When you get to (6), make sure the insurance adjuster includes all
your costs, including clothing, bike, ambulance (if appropriate),
hospital, and doctors. Given a choice between "pain and suffering" or
a lawyer, they may offer you a very nice bike. (I was offered a nice
settlement, and actually argued them down. Interesting experience.)

Pat