Personal Injury Case

[onthemove]

**Not looking for legal advice**

So last week my husband was hit while riding his bike in a bike lane by a parked car. He went to the ER, and had surgery once the swelling went down. The surgeon said it will take about 6 mths to get back to what may only be 90% of normal movement and strength. We are hoping that was just to temper our expectations. 

All the medical bills will be covered through my husband's job, so we are not worried about those expenses or lost work. However, he can no longer compete in the triathlons he had already signed up for, and they are non-refundable. It is about $1000 total for those. 

We have not heard anything from the driver's insurance. According to the police statement we received he has insurance, he is a food delivery person. We don't even know if they know, I would have thought they might have called by now. We were told the police record would say no one was at fault, which seems ridiculous as my husband was in a bike lane and this guy clearly just opened his door without looking.

We realize accidents happen, but this is why people have insurance right? Do we call his insurance? Call a lawyer? We are not the types to be money-hungry, but we obviously don't want to be taken advantage of. Is this something that people pursue for "pain and suffering?" Do we wait a few weeks to see how things go, or call now? We have no experience with this type of stuff at all. We will not recoup any of the medical bills as we don't have any, although now that a I think about it, I wonder if Tricare will want his insurance info. 

Any advice would be helpful, thanks. 

[Susie]

Apr 1, 2015 9:32:06 GMT -5 onthemove said:

So last week my husband was hit while riding his bike in a bike lane by a parked car.  

So he got doored?  Just trying to clarify.

I am a triathlete (and a fair weather bike commuter), so I am pretty familiar with how easy it is on a bike to wind up in this spot.  I have had the good fortune not to be hit by a car (yet) but have watched three of my friends go through it in the last 1-2 years, in varying circumstances (with varying levels of liability on the part of the driver).

I would suggest that you talk to an attorney who has experience handling bike cases.  Maybe you can ask local cycling clubs if anyone has a rec?  Unfortunately, for most cyclists it is only a matter of time until they have an incident on the road.    You may be able to find an attorney who does free initial consultations, and can give you enough info to make an educated decision re: whether you should engage an attorney to help.  At least one of my friends found an attorney's assistance very valuable at expediting the process.

How it will play out will depend a lot on what state you are in.  Every time a bike/car incident occurs in our community, I see the cycling and tri clubs' FB pages raging with all kinds of incorrect information about fault and liability and it's really clear to me that most people don't understand how it works.  In NY, a lot of bike/car accidents are covered by no-fault (even if it seems like the driver was "at fault").  I can't give you advice about how I think yours will go, which I'm sure you know.

I'm assuming he owned the bike he was riding, how is its condition?  I would be more worried about that (and I think recovery for damage to it would be easer to get) than race fees.  Can he defer entry to any of those races?  I would also recommend that he replace his helmet (I assume he was wearing one).  Even if you don't see cracks, it could be compromised.

[aurora]

I am not a lawyer, but are you possibly in a no fault state with respect to motor vehicle accidents? Not sure if that would influence the police reports.

In addition to everything Susie said, you could try calling your insurance company to see if they intend to pursue the driver's insurance to reimburse them; they will make a business decision based on applicable laws, and may therefore be able to help you understand what the applicable laws are.

[gtkim]

I agree with Susie. Fault in these things can sometimes be difficult.

My husband is a triathlete. 2 years ago he was hit by a car and it was clearly the driver's fault. It did $800 worth of damage to his bike and almost made him drop out of the Ironman he had coming up. And at the end of it all, WE got sued by the driver for damage to the car. He claimed something ridiculous like $2500 in damage when all my husband did was maybe ding the door.  I kid you not. The police report had pictures and it was clear there was little if any damage to the car, but it did not mention fault so at the end of the day we had to pay the driver of the car in addition to our own expenses.

I hope your husband is on the mend soon and that you can find a way to recoup some of your expenses.

[mich1]

I am kind of surprised that your health insurance is not going after the other driver. I'm making some assumptions here, so I apologize if I am wrong. My biggest assumption is that your husband is largely seeing an orthopod for his injuries, from what you wrote. In the last 25 years I have been dealing with my orthopedic problems, I have not seen an orthopod that did not ask about my 'injuries' and how they were caused. As mine are congenital, the forms stopped at 'were your injuries caused by an accident?' for me. The rest of the form is a long list of questions as to how the injuries were caused and references to an auto insurance company.

I would wait a bit and see what happens, because I suspect that it is still so very early and the paperwork is still churning. In the meantime, I would gather together all the paperwork since this happened and start keeping a file.

[Susie]

Apr 1, 2015 10:29:58 GMT -5 mich1 said:

I am kind of surprised that your health insurance is not going after the other driver. I'm making some assumptions here, so I apologize if I am wrong. My biggest assumption is that your husband is largely seeing an orthopod for his injuries, from what you wrote. In the last 25 years I have been dealing with my orthopedic problems, I have not seen an orthopod that did not ask about my 'injuries' and how they were caused. As mine are congenital, the forms stopped at 'were your injuries caused by an accident?' for me. The rest of the form is a long list of questions as to how the injuries were caused and references to an auto insurance company.

Health insurance doesn't generally pay for injuries from a motor vehicle accident.  Auto insurance does (and then it's up to the carriers to figure out whose auto policy ultimately covers it).  A "yes" to the motor vehicle accident question is the health insurance carrier's "get out of paying free" card.

That's the real reason why I carry a $1M umbrella policy.  It backs up my auto policy (specifically, my un- or under-insured motorist coverage, which even when maxed could be too low to cover all injuries from a major bike/car accident).  It doesn't matter how good my health insurance is under those circumstances.

[mich1]

Apr 1, 2015 10:42:57 GMT -5 Susie said:

Apr 1, 2015 10:29:58 GMT -5 mich1 said:

I am kind of surprised that your health insurance is not going after the other driver. I'm making some assumptions here, so I apologize if I am wrong. My biggest assumption is that your husband is largely seeing an orthopod for his injuries, from what you wrote. In the last 25 years I have been dealing with my orthopedic problems, I have not seen an orthopod that did not ask about my 'injuries' and how they were caused. As mine are congenital, the forms stopped at 'were your injuries caused by an accident?' for me. The rest of the form is a long list of questions as to how the injuries were caused and references to an auto insurance company.

Health insurance doesn't generally pay for injuries from a motor vehicle accident.  Auto insurance does (and then it's up to the carriers to figure out whose auto policy ultimately covers it).  A "yes" to the motor vehicle accident question is the health insurance carrier's "get out of paying free" card.

That's the real reason why I carry a $1M umbrella policy.  It backs up my auto policy (specifically, my un- or under-insured motorist coverage, which even when maxed could be too low to cover all injuries from a major bike/car accident).  It doesn't matter how good my health insurance is under those circumstances.

In my experience, the health insurance will cover it and go after the auto insurance after the fact.  My friend's son had an accident, and his health insurance covered everything.  It was a single car accident (tire blew out, new driver lost control and car went into a culvert).  His son's nose had a close relationship with the steering wheel (pre-airbags).  A few months later, friend had a load of forms to fill out from the health insurance company and the auto insurance company so that the health insurance could go after auto insurance for part of the medical expenses.

[onthemove]

Thanks everyone. The reason the health insurance issue is a little different is my husband is a govt worker with Tricare, so we don't usually deal with medical payments or anything out of pocket. Maybe they will call eventually to ask questions, I really do not know how that works.

[starlily]

Apr 1, 2015 10:49:54 GMT -5 mich1 said:

Apr 1, 2015 10:42:57 GMT -5 Susie said:

Health insurance doesn't generally pay for injuries from a motor vehicle accident.  Auto insurance does (and then it's up to the carriers to figure out whose auto policy ultimately covers it).  A "yes" to the motor vehicle accident question is the health insurance carrier's "get out of paying free" card.

That's the real reason why I carry a $1M umbrella policy.  It backs up my auto policy (specifically, my un- or under-insured motorist coverage, which even when maxed could be too low to cover all injuries from a major bike/car accident).  It doesn't matter how good my health insurance is under those circumstances.

In my experience, the health insurance will cover it and go after the auto insurance after the fact.  My friend's son had an accident, and his health insurance covered everything.  It was a single car accident (tire blew out, new driver lost control and car went into a culvert).  His son's nose had a close relationship with the steering wheel (pre-airbags).  A few months later, friend had a load of forms to fill out from the health insurance company and the auto insurance company so that the health insurance could go after auto insurance for part of the medical expenses.

This is my experience as well. The last few times my mom was admitted to the hospital for illness-related reasons, I still received a letter on behalf of her healthcare provider months later asking whether her hospital stay was the result of an accident that might be the subject of any other insurance claim.

[tacosforlife]

Document everything about his recovery. Document any related expenses (like those lost race fees). Comply with all recommended follow up treatment.

I would talk to a lawyer at some point. The type of injuries you describe may support a pain and suffering claim, especially if they impact his ability to pursue his hobbies.

It is likely too soon to sue or even to settle with the driver's insurance company because you will need to know the full extent of his injuries and what, if any, limitations are permanent. A lawyer can give you more information on this.

I'm sorry this happened to him, but I'm glad he's mostly ok. Best wishes for a speedy recovery.

[nursewife]

Talk to a lawyer. They are amazing at explaining things, and doing the work contacting insurance, etc in these type of accidents. Physiotherapists often have a pretty good idea of what lawyers are good for what type of injuries in the area.

[Cicero]

Definitely talk to a lawyer. Personal injury attorneys often work on contingency for a % of whatever is collected and regardless, a consultation shouldn't cost you anything. Even if you are in a no fault state there are exceptions named in statute that make no-fault inapplicable and allow you to sue if necessary. A consult with an attorney will get you the specifics and options in your state.

[imojoebunny]

I know a personal injury attorney who recently had a case of an elite athlete, a runner, who was hit by a motorist. She went after pain and suffering, and loss of his elite running status. She didn't post how the case came out, but she posted some about the case looking for information on other cases. This was in Georgia. It varies case to case. Most of my friends who have been hit on bikes have either had hit and runs, or they were at fault under the law (do not run up to stop signs or stop lights or ignore them, while you pass cars on a bike, act like a car and take your place in line!).

I worked for an asshat once who stuck his arm out the window because he saw a bike currier coming up behind him in traffic (he wasn't just accidentally sticking it straight out). The bike courier broke asshats arm. Asshat of course tried to have bike courier pay for the broken arm and damage to his car. I got fired after 3 months. One of the happier days of my life.

[niemand88f]

I think it's worth contacting insurance and maybe a lawyer. Likely state-dependent as PP mention, but my sister got doored in Oregon and broke her arm. Her medical bills, bike repair, helmet, and money for lost wages were all covered without much trouble (she worked PT as a waitress and couldn't carry trays while healing). I can't remember if it was her insurance or the car driver's that paid but the driver at fault in her case.

[v]

Apr 1, 2015 18:39:49 GMT -5 nursewife said:

Talk to a lawyer. They are amazing at explaining things, and doing the work contacting insurance, etc in these type of accidents. Physiotherapists often have a pretty good idea of what lawyers are good for what type of injuries in the area.

Lololol at making positive blanket statements about lawyers -- let's not get carried away!

But at any rate, OP, you should talk to a lawyer and there are some good ones out there 

[nursewife]

Apr 1, 2015 20:12:59 GMT -5 v said:

Apr 1, 2015 18:39:49 GMT -5 nursewife said:

Talk to a lawyer. They are amazing at explaining things, and doing the work contacting insurance, etc in these type of accidents. Physiotherapists often have a pretty good idea of what lawyers are good for what type of injuries in the area.

Lololol at making positive blanket statements about lawyers -- let's not get carried away!

But at any rate, OP, you should talk to a lawyer and there are some good ones out there 

Just speaking from my experience with a personal injury lawyer. It was like a weight lifted off our shoulders when someone took over all the paper work, expense forms, etc. Ours has been excellent at explaining the process, and making the situation so much easier.

[v]

Apr 1, 2015 20:29:40 GMT -5 nursewife said:

Apr 1, 2015 20:12:59 GMT -5 v said:

Lololol at making positive blanket statements about lawyers -- let's not get carried away!

But at any rate, OP, you should talk to a lawyer and there are some good ones out there 

Just speaking from my experience with a personal injury lawyer. It was like a weight lifted off our shoulders when someone took over all the paper work, expense forms, etc. Ours has been excellent at explaining the process, and making the situation so much easier.

Sounds like you picked a great lawyer  :Y:  Glad it is such a help.

[nursewife]

Apr 1, 2015 20:32:51 GMT -5 v said:

Apr 1, 2015 20:29:40 GMT -5 nursewife said:

Just speaking from my experience with a personal injury lawyer. It was like a weight lifted off our shoulders when someone took over all the paper work, expense forms, etc. Ours has been excellent at explaining the process, and making the situation so much easier.

Sounds like you picked a great lawyer    Glad it is such a help.

We did. The first we met with was a douche and wanted my H to sue me. (Another driver hit us, major injuries, I happened to be the one driving our vehicle). He was such a douche.

[AAM2012]

Tricare will very likely send you a form asking you for information regarding what happened in the accident and request your auto insurance info and the other parties auto insurance.

If the other car was a commercial vehicle it's very likely that it will take quite some time for them to contact you (i.e weeks versus days) since they have a lengthy reporting process.....assuming the other driver reported it (not likely).

In regards to the bodily injury claim it's so hard to say what is or isn't owed because it really varies by state. I am unsure where you live since it's not in your profile. If you want to PM me with your location I may be able to provide a little more advice (NOT legal advice). It may be wise to meet with an attorney but I can guarantee you if you meet with a personal injury attorney you won't get to choose what to go after (i.e. "We will not recoup any of the medical bills..) as their goal is to get you (and in turn them...) as much money as possible.

If you're comfortable you can wait a few weeks to see if someone contacts you and go from there. I also recommend obtaining a copy of the police report and taking digital photos of your husband's injuries.

Good luck and I hope your husband has a good and quick recovery!