Need help dealing with insurance after wreck

SLS · 2010-09-11 18:26:10

I was in a minor accident back in April where, while riding along S. Congress during rush hour, I was cut off by a gal pulling into one of the diagonal parking spots along the street. I was just a little banged, swollen wrists, little road rash, but otherwise ok, as was my equipment, bike, and her car. She was freaked enough to call the EMT anyways, so an ambulance came out, which cost $100. Fast forward 4 months, and her insurance company has FINALLY made a decision, only to tell me after I call and pester them a few times. Their decision is not to pay the bill because of a very absurd interpretation of "a bicyclist has the same rights and restrictions as a motor vehicle" and therefore, me riding on the right side of the lane in traffic is deemed unsafe and a hazard that I am myself liable for.

I plan to take this insurance agency to task on their decision. To do this, I'd like to consult a lawyer that may be well versed in bike/traffic law. Does anyone here have suggestions? I should be getting a call from the insurance agency decision maker on my case this Monday, or I will be calling her, regardless. If they resist, I want to get the word out about this racketeering as far and wide as possible. Even though it's small change, and no one was seriously hurt, it's the principle of the matter. If anyone has lawyer contacts, is a lawyer, or just knows laws surrounding situations like this, I would very much appreciate some input.

Thanks,
Steph

MichaelBluejay · 2010-09-11 23:28:26

Yes, on this very site you posted your question to, from the menus choose LAWS > LAWYERS.

dougmc · 2010-09-12 00:30:07

To be fair, "a little banged, swollen wrists, little road rash" is some damage. Scratches or dents on your bike are too, even if the bike is rideable.

And you didn't even call the ambulance -- she did.

Either way, you could probably hit them up for a lot more than $100 ... probably not thousands, but being hurt is worth something if you want it to be. I guess that's what a lawyer is for ...

john the blasphemer · 2010-09-13 09:58:53

When I got hit I didn't get anything from the insurance company of the guy who hit me. I still had a car then, and my own car/renter insurance company gave me a check for few hundred dollars. This covered my emergency room deductible and repairs to my bike. If I remember, it was because my insurance agent said my bike was covered under my rental insurance. He said if someone had crashed their car through my duplex wall and smashed my bike, they would cover it. He figured it was the same if the bike got hit on the road.

I didn't argue with that, even though I could spot some flaws with the logic.

I talked to a lawyer, but was told that it would cost me more than I would make on it. Your situation is different, but pay attention to your return on investment if you hire a lawyer. If you've been through a bad divorce you know what I mean. You can quickly spend $1000 fighting over a $100 computer.

SLS · 2010-09-13 10:53:46

Thanks for the responses, though I was hoping for more of advice for finding someone that would have a good handle on the law in this case, or what I could reasonably expect for my odds of convincing the driver's insurance company that they are very much responsible for paying my bills. Blasphemer- I was looking more for consultation, not yet thinking of going to court as I hope to settle this before it gets to that. I meant more....uh, consultation for free :)

Edit: yes, I suppose I could point out that it was the driver who called the ambulance (against my will, I told her please no, as I figured I was not hurt too much). She even explicitly said "don't worry I'll have my insurance cover it". I didn't even bother sending the co-pay for the clinic I went to later for reimbursement by her insurance. Basically, I refused to be taken to the ER by the ambulance, but decided later that night it would be prudent just to make sure there weren't any hairline fractures and went to a clinic to get an x-ray.

Last edited by SLS (2010-09-13 10:57:41)

damicoaustin · 2010-09-13 12:22:38

Steph, in addition to what is listed on bicycleaustin.info, I emailed you with some referrals that LOBV has collected over the past couple of years. Indeed, it may be hard to find anyone that will take this when it's $100 in the pot. If you email me, I can forward this to folks at LOBV and see if it's something we can help with or not. Let me know the insurance company you're dealing with and any other info you are comfortable sending. It may be that a threat of a complaint against the company or a small claims lawsuit against the driver will do the trick.

I don't know the particulars of where you were riding exactly, but I take that route every day. (In fact I saw a bike/car crash right in front of me that sounds exactly like you describe.) You certainly have the right to ride at the right as long as you aren't passing cars. But I would strongly advise that you simply take the whole right lane, particularly if you're going downhill.

SLS · 2010-09-13 14:04:54

Great, thanks for this. It was South bound, so I was going slightly uphill, just at the Austin Motel and that Snackbar place. Traffic was a'flowin.

Bicycle Austin forum

#1 2010-09-11 18:26:10

Need help dealing with insurance after wreck

#2 2010-09-11 23:28:26

Re: Need help dealing with insurance after wreck

#3 2010-09-12 00:30:07

Re: Need help dealing with insurance after wreck

#4 2010-09-13 09:58:53

Re: Need help dealing with insurance after wreck

#5 2010-09-13 10:53:46

Re: Need help dealing with insurance after wreck

#6 2010-09-13 12:22:38

Re: Need help dealing with insurance after wreck

#7 2010-09-13 14:04:54

Re: Need help dealing with insurance after wreck

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