Man down...actually two...

mfennell

mfennell

Well-Known Member
First, I'm glad you're (mostly) OK.

Second, with respect to retaining an attorney - if you don't have permanent injuries, I would just let it go if they are fair with you. As soon as you lawyer up, you are in for a 2 year ordeal.

xc62701 said:
The guy was an 84 year old man that said he saw us and then proceeded to pull out anyway. He said that he thought he had the right of way and couldn't believe that we hit him...WTF??? Are you kidding me? The driver was issued a summons for careless driving and will have to retake his driving test to get his license back.
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At least you got that. An 87 year old woman pulled head-on into me about 4 years ago. I broke my back (partially crushed T6, damaged T7) and spent 3 months in a TLSO back brace. Back pain is a way of life now. She definitely did not have to retake her driving test although she did have to go to court, where I believe she claimed that I made the whole thing up (!). I didn't have the stomach to go.

And I'm not bitter. Nope. Not one bit. :mad:
 
anrothar

anrothar

entirely thrilled
wow! that's pretty gnarly. i'm glad you both are alright. if nothing else comes of it that some of the replacement value of your bike, take heart in knowing you may have gotten a dangerous driver off the road permanently if he doesn't pass his drivers test. i know it doesn't help replace an expensive bike, two of them actually, but it might help knowing that the roads are safer now... :hmmm:


that's what you get for being such a mean, cruel and violent person. ;)
 
MST.ESQ

MST.ESQ

New Member
Glad you are ok. Hope the healing process goes fast for you.

I did one 70 mile road ride last year and had two close calls with unattentive drivers... Sheesh...

Ironically, you had your accident right across the street from a law office (my old firm!). Try to avoid us lawyers if you can on this one (assuming property loss claim only). However, if the value of the bike is enough to make it worth your while - and you don't want to get hit with the depreciation loss - a judge would be sympathetic to evidence of the lack of high-end carbon fiber bikes like yours on the used market. The problem is that you will need to proceed in Special Civil Part on your own or pay a lawyer 1/3 to handle it for you. :hmmm:
 
BiknBen

BiknBen

Well-Known Member
Let me take the opportunity to clarify some of the NJ laws to assist others. I'm no lawyer but I was hit while riding in front of a Holiday Inn Express. Ryan, I suspect you know this by now since it has been a few days.

You have two concerns. The reimbursement of your medical bills and property damage.

By law in NJ, your injures are covered by your auto insurance. This is known as Personal Injury Protection (PIP). This is not the same in all states. YES, while your auto was not involved, your auto insurance covers your injuries. It is the same for a pedestrian hit by a car.

You need to be clear with those providing your care. They are not to bill your personal health insurance provider. You have to pay the bills as required and then submit them to your auto insurance provider for reimbursement.

The reimbursement for property damage is covered by the other driver's insurance. The most you will get back is 80% of the value of the property. That's just the way it is. You take 20% of the responsibility cause you were on the road. Have a bike shop survey the damage and make an itemized list of items to be replaced and the price for each. Don't be shy about every nick and scratch. Remember you're only gonna get 80% of the value.

I went through a similar incident with a similar outcome. I was relatively fine (slight break in clavicle), and the bike was damaged. Although I would NOT choose to do it again, it didn't turn out too bad. Good luck.
 
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anrothar

anrothar

entirely thrilled
lawyers will work for a turd??? :hmmm: i got plenty of those. that's it! i'm sueing everyone!
 
S

Shar0se

Guest
I've just gotta say the out-pouring of support on this site in amazing.....
 
MTB Aussie

MTB Aussie

Member
BiknBen said:
Let me take the opportunity to clarify some of the NJ laws to assist others. I'm no lawyer but I was hit while riding in front of a Holiday Inn Express. Ryan, I suspect you know this by now since it has been a few days.

You have two concerns. The reimbursement of your medical bills and property damage.

By law in NJ, your injures are covered by your auto insurance. This is known as Personal Injury Protection (PIP). This is not the same in all states. YES, while your auto was not involved, your auto insurance covers your injuries. It is the same for a pedestrian hit by a car.

You need to be clear with those providing your care. They are not to bill your personal health insurance provider. You have to pay the bills as required and then submit them to your auto insurance provider for reimbursement.

The reimbursement for property damage is covered by the other driver's insurance. The most you will get back is 80% of the value of the property. That's just the way it is. You take 20% of the responsibility cause you were on the road. Have a bike shop survey the damage and make an itemized list of items to be replaced and the price for each. Don't be shy about every nick and scratch. Remember you're only gonna get 80% of the value.

I went through a similar incident with a similar outcome. I was relatively fine (slight break in clavicle), and the bike was damaged. Although I would NOT choose to do it again, it didn't turn out too bad. Good luck.
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Having just jumped through insurance hoops myself, what Ben said is right on the money about who pays for what. Your auto coverage for injuries and medical, and his insurance for property. If your bike was used or you have no receipts, do as others suggested and get estimates for replacement and push that towards his insurer. Good luck and get well. As many pointed out to me, you are still alive to ride another day.
 
xc62701

xc62701

Well-Known Member
MTB Aussie said:
Nothing at all. I said I loved it. No sarcasm at all. I love my eggbeaters and respect someone who rolls with them on the road. I have to give it some thought myself.
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I did it mainly cause last spring I was having knee issues on the road and the mtb wasn't hurting me. So I took one piece out of the equation and put the cranks on the road. Haven't used my speedplay's since...
 
Cyclopath

Cyclopath

Shop Owner / Employee
Shop Keep
xc62701 said:
I did it mainly cause last spring I was having knee issues on the road and the mtb wasn't hurting me. So I took one piece out of the equation and put the cranks on the road. Haven't used my speedplay's since...
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:eek:
Speedplay Zero's or X?
I'd have more knee trouble with the extra float.
Do you think it's the extra float or the height of the platform makes the difference?
 
xc62701

xc62701

Well-Known Member
Cyclopath said:
:eek:
Speedplay Zero's or X?
I'd have more knee trouble with the extra float.
Do you think it's the extra float or the height of the platform makes the difference?
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For me it wasn't really the play just the q factor(width of the crank arms) that seems to be the culprit. I had the X1's I believe.
 
xc62701

xc62701

Well-Known Member
The puzzle is starting to unwind itself little by little. Ok so it's now day 4 after the accident. I've been to a chiropractor twice since my back was sore and I have some soft tissue issues with my back. Thankfully no breaks or fractures of my spine. I'm currently on my way to see my primary doctor for a follow up and have an upcoming appointment with my orthopedic to see if my knee is still ok. I'm feeling a little better and getting some range of movement but today is day #2 missed of work. I tried to go in yesterday and got through the day but was NOT comfortable at all...

I just picked up the police report and it's exactly as happened and the driver of the car is stated in plain english as completely at fault. I've been told sometimes they just put it down as no fault even if there is fault. The next thing I noticed is that the other driver has Allstate. For those that have had accidents, have they been good with their settlements? I did contact a lawyer and they said that unless the other driver's insurance company gives me a hard time or I want to sue for pain and suffering then a lawyer shouldn't be necessary. I should be just able to submit a claim to the driver's insurance company and some progress should be made. I just need to get all the itemized estimates together.

And as the others have stated...if this happens to you, you need to inform your auto insurance company so that your medical bills are covered under your auto policy. Sounds weird but that's how it works. That's what I'm going through.
 
mfennell

mfennell

Well-Known Member
BiknBen said:
By law in NJ, your injures are covered by your auto insurance. This is known as Personal Injury Protection (PIP). This is not the same in all states. YES, while your auto was not involved, your auto insurance covers your injuries. It is the same for a pedestrian hit by a car.
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The exception is that you can elect on your auto insurance to use your primary insurance for, um, primary insurance. That's what I did and it caused a huge headache when I was hit on my bike. With each bill, my health insurance company would reject the "auto related claim", I would fax the clarification from my auto insurance company, and they would eventually pay.
 
S

seabass

Guest
Sorry to hear about this Ryan, sounds awful.
Hope things work out for you health and bike-wise.
 
trener1

trener1

Well-Known Member
Hey Ryan,

Just saw this thread.
Sorry to hear about it, glad to hear that it wasn't worse.
I hope that you and your roommate heal up fast.
Hope to see you on the trails soon.
 
stb222

stb222

Love Drunk
Jerk Squad
holy crap, I just read the first post. Glad you made it out with out too much damage. Good luck with all the insurance BS.
 
xc62701

xc62701

Well-Known Member
So far so good... I'm getting all the itemized estimates together to see what I have to submit to the insurance companies. I should have that in a couple of days. Cross your fingers...I'm curious to see how screwed I'm going to be...
 
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