So I had my first crash this week. Was the basic scenario I've always been most afraid of. Car made a left turn in front of me and I was going downhill (AKA fast), it was on a curve, all happened so fast. When he turned in front of me I had almost no time to react and was only able to make sure I hit the hood so I could fly over the car easily. No broken bones but lots of pain and the bike is in pieces. He stopped and cops came and he got a failure to yield ticket, I was all legal. But no one noticed the bike was electric or even asked about it... so I'm wondering how getting compensated from their insurance is going to go. Anyone have any experience w/ this? Ebike or regular bike. If I heal up okay and get a chance to build a new ebike for free I'll feel a lot better about all this. Definitely feel lucky to not have had way worse injuries come out of this though.
1st crash (getting reimbursed by someone else's insurance?)
- Thread starter Rifle
- Start date
Lessss
1 MW
1st) YOUR SCREWED
2nd) Your screwed
3rd) You'll need a lawyer to get anything
4th) The lawyer will cost more that what you'll get
2nd) Your screwed
3rd) You'll need a lawyer to get anything
4th) The lawyer will cost more that what you'll get
georgefromvt
1 kW
- Joined
- Jun 25, 2010
- Messages
- 352
Really sorry about your accident. Another example of how the car culture wins out. Just glad you are OK and only lost a bike. It probably wouldn't hurt to contact his insurance company?
itchynackers
100 kW
Since your ebike IS currently completely legal in your state (20mph max speed?), and you're motor is only putting out the maximum watts permissible, then I wouldn't be afraid of claiming the electric part of it. Is it even testable/rideable?
dogman dan
1 PW
It depends. I assume you are in the usa?
The insurance company will not belive your bike cost that much, so you'll have to prove it all. The battery may be the hardest thing to get them to believe the cost of, they'll look up an sla and want to give you that much I bet. Is the battery OK? The bike should be easy for them to look up the cost of, and then of course, they'll go it was a week old, so we'll give you the cost of replacing it at a garage sale.
Good luck, but my experience with the insurance is you get half. I priced a huge dent in my subaru at $1500 for bondo, and $2000 for a new junkyard door. The f---ers ins company claimed a new door would cost $950 and gave me that. I said screw it and went ballooning with the cash.
Last summer hail tore up my shingle roof. My company this time, said half my roof was ruined, and I could replace individual shingles on the rest. A totally inadequate repair to replace just the worst damaged shingles, I at least ended up with enough money to buy shingles for the whole house. Then I had to sweat equity nailing them on all last spring. Again, they gave me half what I deserved.
As for the crash, it's just about impossible to deal with a good left cross like that. But you have to try to guess when it's about to happen if you can. One asecond more time might have got you the time to swerve into the oncoming lane, and thread the needle up the center line between the other cars if any.
A classic case of either never saw you, or saw you and judged a bike would be slow. It could happen to anybody soooo easy.
The insurance company will not belive your bike cost that much, so you'll have to prove it all. The battery may be the hardest thing to get them to believe the cost of, they'll look up an sla and want to give you that much I bet. Is the battery OK? The bike should be easy for them to look up the cost of, and then of course, they'll go it was a week old, so we'll give you the cost of replacing it at a garage sale.
Good luck, but my experience with the insurance is you get half. I priced a huge dent in my subaru at $1500 for bondo, and $2000 for a new junkyard door. The f---ers ins company claimed a new door would cost $950 and gave me that. I said screw it and went ballooning with the cash.
Last summer hail tore up my shingle roof. My company this time, said half my roof was ruined, and I could replace individual shingles on the rest. A totally inadequate repair to replace just the worst damaged shingles, I at least ended up with enough money to buy shingles for the whole house. Then I had to sweat equity nailing them on all last spring. Again, they gave me half what I deserved.
As for the crash, it's just about impossible to deal with a good left cross like that. But you have to try to guess when it's about to happen if you can. One asecond more time might have got you the time to swerve into the oncoming lane, and thread the needle up the center line between the other cars if any.
A classic case of either never saw you, or saw you and judged a bike would be slow. It could happen to anybody soooo easy.
John in CR
100 TW
Hope you got pictures and all of your bodily injuries. You should visit the doctor too. Just the pain and suffering should be enough to pay for your bike stuff, so don't be too concerned about discounting the bike parts. Ham it up and make the insurance company believes you'll go the distance, but that you're amenable to a settlement. Whatever the first offer is react with "That's not enough, we both know you're just low balling me, so give me the real number or please don't waste my time. I don't want to have to call my lawyer, but I will if we can't settle this, and you know that'll at least double your cost." Don't try to gouge them, just put at least a few phone calls of effort into getting what you think you deserve.
Try to settle with the owner withouit going through hisinsurance company... a claim will make his insurance rate go up for 6 years[in canada ]. i dont know about the US, but probably similar ... he was charged so court success is is probably very good odds for you,,, a strong point for you with either the insurance co or the driver... i was hit, and the the driver was charge with failing to yeild... the driver paid me $1500.00 and no insurance claim.. this, apparently was the on the advice of his broker.... repair cost to my trike was less than $400.00 ...fortunately my accident was not nearly as serious as yours seems to have been... ididnt have any personal injuries.you did. in court personal injuries can be REALLY expensive for an insurance co[courts do not have any sypathy for insurance companys... the judge also pays insurance] AS john in cr says go in large and see what they will settle for out of court if the driver wont cover it personaly... good luck
Gordo
100 kW
I went through this left turn crash while riding a Goldwing in 2004. You have lots of good advice so far. Take lots of pictures of bruises, road rash, etc. Start a diary today. Date it honestly on the starting day and enter everything you can think of from the point of the accident until now. Keep writing in it every day. Record all aspirins etc. Record difficulty sleeping, eating, body functions, sex, cutting lawn, everything. Get the function of every finger and toe checked. Check grip strength in both hands. Get a claim number and WAIT. Do not make any attempt to settle for 2-3 months, until you feel 100% again.
I had a broken left wrist and many bruises. Consider visiting a physio for appropriate exercise regime. Pay your doctor for reports on your progress. I waited 3 years before I settled. PM me if you want details.
I had a broken left wrist and many bruises. Consider visiting a physio for appropriate exercise regime. Pay your doctor for reports on your progress. I waited 3 years before I settled. PM me if you want details.
I am in the US and ebikes are mopeds in my state, and I believe mine complies w/ all the regulations on them. I believe the driver will be cooperative w/ trying to settle, he seemed to feel pretty bad about hitting me. I went to the ER and they X-rayed a few things that seemed like they possibly could have been broken. Pretty soar, a little concerned about some muscles in my legs and my inability to lift my left arm very high, but they didn't diagnose any major injuries so hopefully everything heals up quick and well.
Gordo
100 kW
The driver does not have much to do with settling the claim. It is up to the insurance adjuster. Soft tissue injury (muscles) normally take 6-8 weeks to repair. Not being able to lift an arm can be tissue or rotator cuff damage. All of your medical is covered under the driver's liability insurance. Compensation for pain, suffering, inability to work or do household chores is a separate matter. The loss of the bike is also separate from the other two. You can settle each component separately as you wait to heal.
Jay64
100 kW
From my experience with motorcycles, get a lawyer. OR at least go talk to one. They don't charge for the first visit. Insurance companies will ALWAYS screw you over if you don't have a lawyer. I just had a buddy that got hit in a similar fashion on his motorcycle. He didn't want to get a lawyer because he didn't have a motorcycle license at the time of the crash. The insurance was going to pay him for part of his totalled bike. I talked him into getting a lawyer and now he is getting paid for that same part of his bike, and $20,000 for his injuries. And it sounds like your injuries are about as severe as his were.
LI-ghtcycle
10 MW
Like they say, don't settle soon! Make sure you are 100% first and +1 on the diary.
Get well, it really sucks you lost your bike, good thing you're not worse off! Just remember you really don't know the extent of your injuries until months later, that inability to raise your hand very high sounds serious, hope it's not going to take too long for you to be back riding again, but make sure you don't get stuck paying for it yourself after a partial settlement.
Make sure to do all that you can to help let your body heal, don't over-do anything, rest up and you'll get better soon!
Get well, it really sucks you lost your bike, good thing you're not worse off! Just remember you really don't know the extent of your injuries until months later, that inability to raise your hand very high sounds serious, hope it's not going to take too long for you to be back riding again, but make sure you don't get stuck paying for it yourself after a partial settlement.
Make sure to do all that you can to help let your body heal, don't over-do anything, rest up and you'll get better soon!
PedalingBiped
100 W
My step daughter was waiting at a stoplight. A jeep wagoner towing a boat slammed into her. Set off her airbags.
He came up and said "Why did you stop in the middle of the road?"
She replied "The light was red"
Guy got a ticket
Insurance started to lead us on. We got a lawyer.
He told us he usually worked for large amounts but because the Insurance company was being so asinine he would take the case.
He explained that it didn't matter what Insurance company was involved, they seemed to take turns. They would be good for years then something would happen then they would screw everyone over, drag out cases etc. for a year or two then go back to being good.
Do not trust the insurance company, do not sign anything. If they make a good faith offer then sign if you wish.
If they make too many demands or drag things out, GET A LAWER
He came up and said "Why did you stop in the middle of the road?"
She replied "The light was red"
Guy got a ticket
Insurance started to lead us on. We got a lawyer.
He told us he usually worked for large amounts but because the Insurance company was being so asinine he would take the case.
He explained that it didn't matter what Insurance company was involved, they seemed to take turns. They would be good for years then something would happen then they would screw everyone over, drag out cases etc. for a year or two then go back to being good.
Do not trust the insurance company, do not sign anything. If they make a good faith offer then sign if you wish.
If they make too many demands or drag things out, GET A LAWER
gwhy!
100 kW
From how you have described your accident I would say you were totally in the wrong ( sorry to say ) and you should not even think about trying to claim anything just be thankful that you are ok and learn from this experience.
Gordo
100 kW
Are you thinking of UK assbackwards traffic? Are you saying the cop who wrote the ticket, to the vehicle driver, for failing to yield the right of way got it wrong?gwhy! said:
In the world that drives on the right side of the road, if some one turns left in front of you, they are in the wrong in every case, hence the term "failed to yield the right of way." The only exception would be a stop sign, yield sign or round-about, that you ignored.
gwhy!
100 kW
Nope Im not say the cop got it wrong cos yes in a ideal world the would have seen/avoided the bike but its one of the joys of riding a bike always expect the unexpected and by the riders own admission was going maybe to fast and managed to go over the bonnet now if the rider/bike was "T-boned" my view would be different .
999zip999
100 TW
O.K, Let's boil it down the insurance company's pay on what bills you have or can produce for bike, doctor, xrays, lost of work, damage to your sprem and your unborn son, rental car a good laywer wil know of a chiorpictor ect. ect. Show your damages or BILLS $$$. A lawyer is best to present the damages or bills.
Gordo
100 kW
gwhy! said:
My experience;
Friend who earned $125,000 per year was "T-boned", broken hip, 4 operations, broken ribs, internal injuries, 3 years unable to work, but was scheduled to retire one month after accident. Settlement, not including medical expense = $345,000. Still using a cane for mobility. I happened to be the guy who picked the motorcycle off him.
One year later, I put my motorcycle in-between right front wheel and front bumper. Already retired, broken left wrist (both bones separated) internal injuries, approx one year no activity. Settlement $136,000 excluding medical expenses. I would not trade my settlement and injuries for his! He is screwed and no amount of $$$ makes up for that.
Neither of us idiots had blinkies. I swore to get a blinkie system right after his accident. I did not. I am 95% sure my accident would not have happened if I had a blinkie. My scoot was metallic red, head lights were on and it was a bright sunny day at noon. Other driver was watching pedestrian in crosswalk, did not see my scoot AT ALL.
I think my $800 tight fitting helmet saved my life. Last weekend a couple with beanies on, while yelling at a cage driver, hit a 1" X 1" reflector post and were dumped off in the grass median. Both are dead from head injuries.
Sorry for the rant, but get a blinkie and wear as heavy a lid as you can stand.
Eclu Lardbut
10 mW
- Joined
- Aug 29, 2010
- Messages
- 33
From the OP's description it's almost a carbon copy of an accident I had nearly 20 years ago. The driver was held to be 100% responsible and I was perfectly entitled to be where I was, as part of the normal traffic stream. It wasn't my fault he didn't check his mirrors, or bother indicating. I still have aches and pains, but the compensation paid for my house. Still, I'd rather have my full health.gwhy! said:
Doctorbass
100 GW
The next ebike you will build :
Please include at least 1800 Lumen of head light !!!
I’m sure that will decrease the chance of accident like that to happen by a factor of 5 !
The car driver never saw you and decided to turn,
Believe me.. with at least 2 magicshine light HE WILL SEE YOU.
I have 4 in front of my ebike.. and I’m sure it help.. Since I installed them I NEVER had any driver turn in front of me ! :wink:
BE VISIBLE... during day or night!!!
Doc
Please include at least 1800 Lumen of head light !!!
I’m sure that will decrease the chance of accident like that to happen by a factor of 5 !
The car driver never saw you and decided to turn,
Believe me.. with at least 2 magicshine light HE WILL SEE YOU.
I have 4 in front of my ebike.. and I’m sure it help.. Since I installed them I NEVER had any driver turn in front of me ! :wink:
BE VISIBLE... during day or night!!!
Doc
jdcburg
100 W
I agree with many here: avoiding the accident is by far preferable. No amount of monetary damages will compensate for a future of pain and lack of mobility. As I've said many times here, I use blinking lights front, side and rear and ride with a helmet, gloves and bright yellow reflective vest. I also ride in the breakdown lane, glare at anyone even thinking about crossing my path and generally keep under 20 mph. My average speed is 13.8. There are certainly arguments for riding with traffic at higher speeds but I'll take my chances at the lower speeds acting like a regular unpowered bike.
Avoiding accidents altogether will have another positive effect: we may stay off the insurance companies' radar for a bit longer. Large settlements will eventually get their attention. I suspect most politicians in the US are somewhat beholden to the insurance lobby and it won't be a big step for them to require registration and insurance. We don't have the numbers yet to fight it at the grass roots level. Just another thought - jd
Avoiding accidents altogether will have another positive effect: we may stay off the insurance companies' radar for a bit longer. Large settlements will eventually get their attention. I suspect most politicians in the US are somewhat beholden to the insurance lobby and it won't be a big step for them to require registration and insurance. We don't have the numbers yet to fight it at the grass roots level. Just another thought - jd
Everyone here is leaving out the big scary one. Brain Injury.
I worked as a care worker at a brain injury place for about 3 months, and let me tell you, nothing will change your life faster.
Broken hip, sprained wrists, broken spine, all bad, the last one very, very bad. But I'd rather have all of that than a brain injury.
One guy couldn't really form good memories after his accident, so every once in a while, we'd have to explain to him again how his wife left him.
He'd cry. Even the ability to enjoy things (anything) is located in your brain. My cousin enjoys nearly nothing any more. Imagine if smoking was the only enjoyable thing in your life. Yikes.
Then last year, a good friend of mine got nailed by a dude driving a truck at about 15 mph. His helmet shattered, he had a concussion, seemed okay.
Then the headaches started, and the vision problems so he couldn't read any more. He got let go at his job because I couldn't keep track of the projects he was supposed to be managing. Then his balance started to go, so he walked kind of like he was a little drunk, and meant he couldn't compete in mountain biking any more.
Buddy, please go get an MRI, and do what you have to in order to get it in the next few weeks. Go on standby so that they can call you at 2:30 am and you go.
With a little luck, you're fine. I certainly hope so. But if something comes up, you need that MRI to make the case a slam-dunk.
Tell me more about this $800 helmet? I'm looking to buy a new HD helmet for the ebike I'm working on, and I certainly want something good. I was hoping about $250 or so.
Armor your head people, it's the most important part of you. Bones break, tendons mend, but how is your wife/partner/girlfriend going to feel when YOU are no longer YOU?
I never used to wear a helmet, now I do ALL THE TIME.
Hope I haven't scared anyone too much.
Katou
I worked as a care worker at a brain injury place for about 3 months, and let me tell you, nothing will change your life faster.
Broken hip, sprained wrists, broken spine, all bad, the last one very, very bad. But I'd rather have all of that than a brain injury.
One guy couldn't really form good memories after his accident, so every once in a while, we'd have to explain to him again how his wife left him.
He'd cry. Even the ability to enjoy things (anything) is located in your brain. My cousin enjoys nearly nothing any more. Imagine if smoking was the only enjoyable thing in your life. Yikes.
Then last year, a good friend of mine got nailed by a dude driving a truck at about 15 mph. His helmet shattered, he had a concussion, seemed okay.
Then the headaches started, and the vision problems so he couldn't read any more. He got let go at his job because I couldn't keep track of the projects he was supposed to be managing. Then his balance started to go, so he walked kind of like he was a little drunk, and meant he couldn't compete in mountain biking any more.
Buddy, please go get an MRI, and do what you have to in order to get it in the next few weeks. Go on standby so that they can call you at 2:30 am and you go.
With a little luck, you're fine. I certainly hope so. But if something comes up, you need that MRI to make the case a slam-dunk.
Tell me more about this $800 helmet? I'm looking to buy a new HD helmet for the ebike I'm working on, and I certainly want something good. I was hoping about $250 or so.
Armor your head people, it's the most important part of you. Bones break, tendons mend, but how is your wife/partner/girlfriend going to feel when YOU are no longer YOU?
I never used to wear a helmet, now I do ALL THE TIME.
Hope I haven't scared anyone too much.
Katou
