Got creamed by a car today.
#26
Cycle Year Round
This raises an interesting issue that I am not sure what the right answer is and consequently am not sure what I should do if I'm in an accident where someone else is at fault (or what to advise others to do). I was in an accident with my bicycle where I hit a pothole. When I went to the ER they asked me a whole bunch of times if I was hit and I kept having to insist that no, I wasn't. They seemed real disappointed at this and at first I couldn't figure out why they cared if they got paid by a driver's insurance or by my health insurance company. The best I can figure is that my health insurance company has a negotiated rate with them that is considerably less than what they can charge the driver's insurance company or me personally for that matter. So what happens if you tell the hospital you were hit by a car but it is subsequently determined that you were at fault or for some other reason the driver's insurance company won't pay (or maybe it was an uninsured driver). Can you be stuck with the bill in that case? I'm guessing the answer is yes and if so then aren't you way better off telling the ER people you simply crashed and let them bill your health insurance, at least until you know the driver's insurance will be good for it? I'm asking this because I don't know the answer but it would be good to know before hand just in case. It sounds like making the wrong decision at the ER could potentially be very costly.
At fault person gets to pay for property damages.
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Land of the Free, Because of the Brave.
Land of the Free, Because of the Brave.
#27
Cycle Year Round
After resting for a day, I am noticing things wrong that I didn't feel yesterday. Right shoulder, left hip... Hopefully nothing else will come up. I just wish the swelling in my face would go down. I'll be calling the lawyer soon and making a couple more Dr's appts. Yay! Thank you all for your warm wishes.
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Land of the Free, Because of the Brave.
Land of the Free, Because of the Brave.
#28
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May you heal well, and soon.
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"When I hear another express an opinion, which is not mine, I say to myself, He has a right to his opinion, as I to mine; why should I question it. His error does me no injury, and shall I become a Don Quixot to bring all men by force of argument, to one opinion? If a fact be misstated, it is probable he is gratified by a belief of it, and I have no right to deprive him of the gratification."
T. Jefferson
"When I hear another express an opinion, which is not mine, I say to myself, He has a right to his opinion, as I to mine; why should I question it. His error does me no injury, and shall I become a Don Quixot to bring all men by force of argument, to one opinion? If a fact be misstated, it is probable he is gratified by a belief of it, and I have no right to deprive him of the gratification."
T. Jefferson
#29
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Any good claims adjuster will pay all documented bills (Bike/Medical) and probably toss another 5-10k in lost wage/time/pain. Don't sign off until you feel all the medical is resolved. Heal well brother.
#31
Goathead Magnet
Riding on the street, positioned in the left tire track of the rightmost lane from which it's legal to go straight, makes you less vulnerable to a right hook at an intersection like this. It isn't absolute proof against boneheads like the Infiniti driver who hit you, but it helps. If he'd seen you, he almost certainly wouldn't have hit you - the trick is to be where drivers are going to be looking for traffic.
Heal fast, and get back on your bike! You're doing all the right things to get whole again.
Heal fast, and get back on your bike! You're doing all the right things to get whole again.
#32
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The lawyer I'm working with was thrilled that I had taken a good close shot of my face just two days before my accident. (I had shaved for the first time in a good while and was showing a friend what I look like minus the scruff). She had a nice pointNshoot with an aftermarket lens for taking additional pics of my face, thumb, bruises and scrapes, as well as the bike itself.
Someone at work today mentioned this and I've been thinking about it ever since: They pointed out to me that I'm usually in the lane or a bike lane, in much riskier situations but the time I get hit by a car is when I'm ideally at my safest. They're kinda right too. I accept the risk of riding in the road and haven't had much of a problem with other cars since we cyclists know to drive like we're invisible and assume everyone's out to hit us. However, in the cross walk with the right away is when you'd think you'd be the safest and let your guard down a little. In this case, I didn't see him coming so I'd still have been hit, guard up or not, but it still weighs on my mind. I'm definitely planning on lighting my bike up a bit more and wearing more reflective clothing.
Thank you all again for the get-wells. I need them but I'm not doing too bad really. I'm hoping to be back on the road in a couple weeks. Until then, I've got a good friend to carpool with.
Someone at work today mentioned this and I've been thinking about it ever since: They pointed out to me that I'm usually in the lane or a bike lane, in much riskier situations but the time I get hit by a car is when I'm ideally at my safest. They're kinda right too. I accept the risk of riding in the road and haven't had much of a problem with other cars since we cyclists know to drive like we're invisible and assume everyone's out to hit us. However, in the cross walk with the right away is when you'd think you'd be the safest and let your guard down a little. In this case, I didn't see him coming so I'd still have been hit, guard up or not, but it still weighs on my mind. I'm definitely planning on lighting my bike up a bit more and wearing more reflective clothing.
Thank you all again for the get-wells. I need them but I'm not doing too bad really. I'm hoping to be back on the road in a couple weeks. Until then, I've got a good friend to carpool with.
#33
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Man oh man...
So sorry to read about your accident. Get well and heal up. God bless and good luck with all of the legal hooey.
So sorry to read about your accident. Get well and heal up. God bless and good luck with all of the legal hooey.
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Nothing wrong with being more visible That Linux Guy. Just remember it was an accident that may or may not have been preventable. From your description it sounds like the other guy was at fault and should take responsibility.
Just keep documentation and pictures, and hopefully things go smoothly. Heal up quickly.
Just keep documentation and pictures, and hopefully things go smoothly. Heal up quickly.
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You should think about asking a moderator to remove this thread. Medical care is expensive, insurance companies don't really like paying claims out, and people keep speculate about insurance agents scouring the web looking for something to take out of context to cast doubt on a bad situation.
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Yes, call a lawyer. Because, unfortunately, society assumes that because you were riding a bicycle you aren't worth protecting and probably did something to cause the crash anyway.
#38
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I suspect andrelam's mistaken about this, I have no proof of NY insurance specifics but I do know how insurance works in general. Your health insurance company will almost certainly cover the cost initially, and then if they think they can recover from someone else like an at-fault driver's insurance they'll go after them. They'll also attach a claim to any personal injury lawsuit you file so if your insurance company pays your hospital bill and you sue the driver, your insurance company will collect from your settlement before you get your cash. I can't imagine a scenario where your health insurance would deny you emergency room coverage because the accident wasn't your fault.
In the case of the PO in this situation, teeth and a nose were broken... in NY state that puts you outside of the restrictions, the main difference is that you can actually get reimbursements for pain and suffering, with minor injuries you can not get that (right fully so... that is why that restriction is on minor injuries where there are no broken bones and no long term injuries).
It helps to know what your right are in your state and these things can vary greatly from state to state.
Best of luck with your healing,
André
#39
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You mean the 76 year old woman who received 3rd degree burns over 16% of her body, including her genitals, because McDonalds heated their coffee to 183 degrees to slow down consumption of coffee and thus require fewer refills? That dumbass? (For the record, she only wanted $20,000 to pay for her medical bills. McDonalds refused to settle.)
Anyway, the OP is nowhere near in the same situation as the McDonalds case, which involved a multi-billion dollar corporation callously deciding that the miniscule payouts from the +700 personal injury cases cost less than the price of the refills of coffee served at lower temps (anyone else see echoes of Fight Club?).
The motorist was found at fault, has insurance, and the OP has a lawyer. He'll be fine. Heal up quick, Linux Guy, and don't feel too bad about the (relative to the insurance provider's yearly profits) miniscule payout that you'll receive for "pain and suffering".
#40
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thanks for sharing. document your injuries and have them itemized by a medical provider
#41
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Don't worry; you won't be getting a butt-load of money. Hopefully you'll get enough to cover your bike, medical bills, lost wages, and such, after paying the IRS and your lawyer.
You should think about asking a moderator to remove this thread. Medical care is expensive, insurance companies don't really like paying claims out, and people keep speculate about insurance agents scouring the web looking for something to take out of context to cast doubt on a bad situation.
You should think about asking a moderator to remove this thread. Medical care is expensive, insurance companies don't really like paying claims out, and people keep speculate about insurance agents scouring the web looking for something to take out of context to cast doubt on a bad situation.
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