backstory:

was riding my bike on the sidewalk, went into a crosswalk, woman in a mini van was doing a right turn on red, didn't see me and hit me.

it was 5 weeks ago, i was taken to the hospital and have been getting treatment ever since. unfortunately i have another 3 weeks in a boot, then physical therapy.

currently:

the hospital bill of $5k was due on september 7th. i have an additional $1k for the ambulance ride and the doctor at the hospital, plus $1,500 from the orthopedist and i'm awaiting the bill for the $5k from the MRIs that i had done.

so i'm up to $12k and climbing sitting over my head right now, and i really want to get these bills paid (and i don't have the money)

all state - the insurance company of the woman that hit me - was being nice until i asked about them paying for the hospital bill and they told me to submit it to my insurance company, have them pay it and then the insurance company will wait for me to pay them back. i REALLY don't want to go through that mess of paperwork and extra work on my part since the only reason i'm in this situation is because the damned lady wasn't paying attention and hit me in a crosswalk!

SO

i was thinking about going back to the insurance company, asking them to write me a check for the bills that i've already accumulated, and then ask them to give me a $10k settlement on top of that to pay for the rest of my treatment out of pocket (the rest of the orthopedic appointments and my physical therapy)

i don't have a lawyer, but i'm thinking that maybe they'll do it to prevent me from suing, and i just want to not have to deal with these people anymore.

thoughts?

9/19/2009 10:57:25 AM

I would recommend talking to a lawyer. Dealing with an insurance company on your own hardly ever pays off. I know you've seen the commercials.

9/19/2009 11:07:37 AM

Riding a bike on a sidewalk is illegal in some towns and cities in NC. I'm guessing the crosswalk is still considered the pedestrian right of way if you are travelling within it. I would definitely check to make sure you've got that figured out before heading in to battle with an insurance company.

[Edited on September 19, 2009 at 11:11 AM. Reason : .]

9/19/2009 11:09:09 AM

^^ the last time i got involved in an insurance company vs lawyer it took three years to get it settled

^ i was in VA

9/19/2009 11:10:20 AM

so you think it will actually go quicker if you try to take them on yourself?

9/19/2009 11:11:24 AM

hmmm maybe? honestly, i was thinking maybe they'd just want to get rid of me since they know i could get a lot more if i did sue (which is true)

oh and VA law:

Quote :

"A person riding a bicycle, electric personal assistive mobility device, or an electric power- assisted bicycle on a sidewalk, shared-use path, or across a roadway on a crosswalk, shall have all the rights and duties of a pedestrian under the same circumstances. "

9/19/2009 11:13:10 AM

well I would talk to your own insurance company and ask what they'll do. if they won't help then talk to a lawyer. you can't beat an insurance company on your own.

9/19/2009 11:14:37 AM

You could always just call them and threaten to get an attorney. Say that you wanted to come to them directly first, before consulting your attorney. If in fact they feel like you would get much more if you sue, it would be in their best interests to settle before you talk to a lawyer.

9/19/2009 11:15:06 AM

Call your insurance and take their advice.

9/19/2009 11:17:06 AM

Are we talking about calling her car insurance company? I don't see what they would have to do with it at all considering she wasn't in her vehicle.

9/19/2009 11:18:01 AM

yea, car insurance company does me no good (at least if i had one) don't have one though since i dont own a car

9/19/2009 11:20:16 AM

Do you have health insurance?

9/19/2009 11:20:46 AM

very VERY basic ($76 a month) BCBS

9/19/2009 11:21:23 AM

I'm talking about calling your health insurance company... from what I know, if the offender's insurance company doesn't pay up front, your insurance company is supposed to pay and then they work on the other insurance company (either they come to an agreement or one sues the other). at least that's what happened in my case.

9/19/2009 11:23:25 AM

So let me understand this. The chick's car insurance company wants you to submit your bills to your health insurance, then the car insurance company will pay the health insurance company?

9/19/2009 11:23:28 AM

bcbs should handle it for you

[Edited on September 19, 2009 at 11:24 AM. Reason : yeah, what wdprice3 said]

9/19/2009 11:23:41 AM

^^yes

9/19/2009 11:24:12 AM

no - they want to have me submit it to my insurance, get paid from them, then i reimburse my insurance company.

9/19/2009 11:25:15 AM

Oh, well in that case call BCBS and let them handle it.

9/19/2009 11:25:20 AM

^^talk to your own insurance. not the other person's.

9/19/2009 11:30:04 AM

Quote :

"Call your insurance and take their advice."

this is by far the best advice here. its been my experience in the past that its really best to let the insurance companies fight it out. worst case scenario is you'll probably end up having to pay your deductible. asking for a lump sum to pay future costs is extremely risky, simply because you don't know what the total of those costs will be. I would imagine the driver has a lot more in liability coverage than the $10k you're asking for. You may end up blowing through that money a lot faster than you think and then you're responsible for the difference because you've settled with the insurance company. Good luck.

9/19/2009 11:34:43 AM

^yah. don't ask for a lump sum. make them pay for everything as it comes. that's what they're there for

9/19/2009 11:38:37 AM

i hate bike people.


OMFG WE ARE VEHICLES WE HAVE A RIGHT TO THE ENTIRE LANE TOO!!

and then

OMFG I WAS USING THE DAMN SIDEWALK AND DARTED OUT ACROSS TRAFFIC AND THE FUCKING CAR DIDN'T SEE ME


fucking hypocrites.

9/19/2009 2:29:25 PM

^ afuckingmen

I love when they get in a huge pack and ride down a busy street going 15 MPH with a line of cars behind them.

9/19/2009 2:48:45 PM

Go through your insurance to pay for the bills (thats why you have health insurance).

Then, settle with them on your own (ask for AT LEAST twice the ACTUAL health bills), and they will give it to you. Mention that you have consulted with a lawyer and are willing to go to one if they dont match your demands.

If they say no, tell them to take it to their manager, or you will. If they still say no, give them the name of the lawyer you are going to go through.

All in all, if you do this, you will have no money out of pocket, and you will likely get a settlement before going to a lawyer. I have done this twice with car accidents when my car got totaled.

9/19/2009 2:49:12 PM

Let the insurance companies fight it out amongst themselves. Allstate is going to do what is in their best interest. Your health insurance will do what is in their best interest. You will not get what you need out of Allstate on your own.

9/19/2009 3:10:14 PM

Quote :

"OMFG I WAS USING THE DAMN SIDEWALK AND DARTED OUT ACROSS TRAFFIC AND THE FUCKING CAR DIDN'T SEE ME"

oh I'm sorry I had the right of way in the cross walk. She was making a right turn on red. My option is in the street on a major road or on the sidewalk.

Fuck you good sir. I had 0 fault in this.

[Edited on September 19, 2009 at 4:58 PM. Reason : But thank you for the other advice guys, hopefully I can get it straightened out soon]

9/19/2009 4:57:55 PM

Quote :

"^ afuckingmen I love when they get in a huge pack and ride down a busy street going 15 MPH with a line of cars behind them."

poor guy gonna be late to his yoga lesson

[Edited on September 19, 2009 at 6:36 PM. Reason : ]

9/19/2009 6:32:57 PM

^^ Coming from a cyclist, for your own safety you should really consider the street next time. Not saying it was your fault, but you'd be much safer on the road.

9/19/2009 6:41:07 PM

I live in DC that's not necessarily the case

9/19/2009 6:59:00 PM

You are lucky if you get a dime. The driver is responsible for looking if a pedestrian WALKS off the sidewalk, not a cyclist darting into traffic at 15 miles per hour.

9/19/2009 7:10:10 PM

Quote :

"OMFG WE ARE VEHICLES WE HAVE A RIGHT TO THE ENTIRE LANE TOO!! and then OMFG I WAS USING THE DAMN SIDEWALK AND DARTED OUT ACROSS TRAFFIC AND THE FUCKING CAR DIDN'T SEE ME"

I know right? How fucking asinine is it for someone to make a personal decision about their own mode of transportation? What the fuck. Selfish assholes. Everyone should do things my way.

Packs of bicyclists around the Jordan Lake area used to piss me off when I lived up that way, but pissed or not, they've got the legal right. Don't like it? Get the law changed.

Quote :

"Coming from a cyclist, for your own safety you should really consider the street next time. "

She has a point about DC. I've been to the area she was hit and I wouldn't want to ride a bike in the street there. No way, no how.

Quote :

"You are lucky if you get a dime. The driver is responsible for looking if a pedestrian WALKS off the sidewalk, not a cyclist darting into traffic at 15 miles per hour."

This is a legitimate point. If I'm making a right on red I'm going to check to see if the immediate area of the crosswalk is clear. It would make sense for a cyclist to stop and clear the turn before going across since they're not in the road.

[Edited on September 19, 2009 at 8:45 PM. Reason : I can read but I can't spell.]

9/19/2009 8:28:42 PM

Quote :

"the last time i got involved in an insurance company vs lawyer it took three years to get it settled"

How come I've lived near 30 years on this earth never needing an insurance settlement or a lawyer and this is your 2nd time? Are you just more accident-prone?

[Edited on September 19, 2009 at 8:33 PM. Reason : ]

[Edited on September 19, 2009 at 8:34 PM. Reason : ]

9/19/2009 8:33:16 PM

I'm sorry you got hurt and all, but there's a reason why people recommend you walk your bike across intersections. Just because you have a pedestrian cross light doesn't mean you should just go riding straight on through.

You should stop, make sure drivers see you and acknowledge you, and then walk/run your bike across. There's a reason for laws like that. It's for the safety of everyone involved. By walking your bike across you can more easily get out of the way on foot should something like this happen.

A person riding a bike is traveling at quite a different speed than that of a pedestrian walking. To be as injured as you were you had to be going fast enough where you were posing a hazard to yourself and anyone else moving through that intersection.

9/19/2009 8:34:15 PM

The first time I was on an exit ramp, dead stopped because of traffic, and a guy slammed me at 60 mph. Insurance company wouldn't pay as we went, my health insurance wouldn't cover it, so once my bills got over $20k I sued.


I completely understand the validity of walking across intersections. But you go on roads in this city and youre doingthat every 20 feet. I saw the woman before she turned, she didn't check to see what was coming from the other side.

And I had already slowed down, substantially.

9/19/2009 8:38:31 PM

Quote :

"I saw the woman before she turned, she didn't check to see what was coming from the other side. And I had already slowed down, substantially."

So you saw she didn't check your direction for pedestrian traffic and instead of stopping you went on ahead and plowed into her?

9/19/2009 8:42:00 PM

It all happened pretty fast for christs sake.

And I didn't run into her, she hit me when I was right in front of her car.

9/19/2009 8:44:05 PM

That's her fault, therefore her insurance should pay for the bills.

Yeah, Sorry to say, but to get things moving, get a lawyer.

9/19/2009 9:04:23 PM

Call everyone and explain your situation (doctor, ambulance, etc.) Tell them you would like to be put on a payment plan. DO NOT TAKE ANY PAYMENT from the company. They are only required to give you payment when you are 100%. Get better 1st and then settle.

Save every bill. Get anything the doctor says you need to do in writing. Also, remember your lost work and add that to the bill.

My mom was a no fault of her own accident last Nov. She still has lingering problems. Her lawyer has got her a little money, but between her, my sister, and brother, I hear the bills are over 40K.

I would highly recommend getting a lawyer. Do not sign anything without one looking over everything. These insurance companies have one thing on their mind .....deal with you as cheaply as possible.

In my sister's case they sent an offer of 10K (She already had over 13K in bills and wasn't 100%). They said that was their highest offer........

9/19/2009 9:10:25 PM

^No, moron. INSURANCE PAYS FOR THIS SHIT. NOT YOU.

9/19/2009 9:57:48 PM

Definitely talk to a lawyer. I had about the same amount in hospital bills and my check was around 50k. You have to start paying like 5/month on those bills or else they will go to collections.

[Edited on September 19, 2009 at 10:09 PM. Reason : .]

9/19/2009 10:07:16 PM

get a freaking lawyer

get a freaking lawyer

get a freaking lawyer

get a freaking lawyer

get a freaking lawyer

get a freaking lawyer

get a freaking lawyer



the other side will screw u as much as your non-informed ass will let them. u need someone who knows the ropes, and knows the shit they're trying to pull on you...though the lawyer shouldn't get 1/3 of the medical bills and lost wages, just 1/3 of the pain/suffering (imo).

Quote :

"I would highly recommend getting a lawyer. Do not sign anything without one looking over everything. These insurance companies have one thing on their mind .....deal with you as cheaply as possible"

exactly.

9/19/2009 10:28:52 PM

wtf were you doing in the crosswalk, rather than in front of or behind the van? If you are moving faster than a pedestrian, the other driver has no way to see you in time. So she likely looked, had it clear, turned into the intersection, and you came out of no where. Sounds like it was your fault dude.

9/19/2009 11:10:46 PM

^lol, fail.

9/19/2009 11:19:58 PM

Quote :

"i REALLY don't want to go through that mess of paperwork and extra work ... the last time i got involved in an insurance company vs lawyer it took three years to get it settled"

Either you deal with it yourself (making phone calls and dealing with paperwork) OR
You get a lawyer to deal with it.

Option A will likely lead to a quicker resolution, as you have noted. However, I'm not sure what you personal life is like right now, but in your shoes, I REALLY wouldn't have that kind of time to deal with it, nevermind the headaches that would go along with it.

Option B will put all paperwork on hold until settled. Note, lawyer != suing. It means you are engaging in legal services to help sort all of this out, given it not as straightforward as originally expected.

9/20/2009 8:58:01 AM

i got in an accident a few years back

the driver at fault's insurance company keep trying not to do shit

i got an lawyer, he had a settlement offer after one phone call to them

9/20/2009 9:08:52 AM

you need to call your insurance company car/health whatever, they will tell you which is best, that or hire an attorney.

i just went through all this stuff back in july

9/20/2009 9:09:12 AM

Quote :

"Sounds like it was your fault dude."

Cops ruled it the fault of the mini-van driver. We can move on from that point.

9/20/2009 10:10:15 AM

Just submit the bills to your insurance company; they should take care of getting the money from the other company. Anything out of your pocket should come in the end settlement but don't settle until you know you are completely done with treatment. Once you sign you are finished.

9/20/2009 12:28:29 PM

Quote :

"for your own safety you should really consider the street next time. Not saying it was your fault, but you'd be much safer on the road."

True. I live in a busy city right now where drivers could give two shits what is going on in crosswalks. Everyone I know who has been hit on their bicycle was riding on the sidewalk. The one time I got hit by a car I was being a dumbass and riding on the sidewalk even though I knew it was a bad idea. Learned my lesson real quick

9/20/2009 12:31:41 PM