Like others, Iâve been hit too and sustained a fair amount of both property damage and personal injury. I was riding on the shoulder of the road and was hit from behind by a car who drifted over the fog line. My perspective may be a little different though. The state police did respond to my accident scene along with the ambulance, which came from about 20 miles away. I regained consciousness as they were loading me into the ambulance. No permanent damage, but ended up in the hospital overnight with some brain swelling and small bleed between the brain and skull, medium size lacerations, and some cracked ribs. I had several very miserable days and couldnât drive for a week due to seizure concerns from the neurologist. I got a copy of the police report in the mail about 2-weeks after the crash. With that, filed an accident report with the driverâs insurance. In my case, the insurance company never disputed liability, but I couldnât tell from the report if the driver received a citation.
Iâd trust the judgement & assessment of my LBS with respect to the rideability of the bike, especially if they sell that brand. My experience was that my shop principal mechanic sent me a letter by e-mail listing the damage to the bike including a statement that it should be considered a total loss and included an estimate for a replacement. I put together an itemized list of all my property damage and estimated replacement costs. The list was supported by photos and a quote or some sort of basis for the replacement cost. In addition to the bike, I had damaged helmet, kit, shoes, sun glasses, lost bidon, phone, aftermarket PM and wheels. I sent this to the insurance company about a month after the accident, clearly stating that it was a claim for property damage only and I wasnât prepared to talk about injuries until I knew the full extent. They responded within a few days and settled for almost the full amount. I was expecting a long process and negotiations over depreciated values, but that never happened. The only thing they disputed was the fair replacement cost of my cell phone.
I didnât try and settle the PI claim for about a year, but I took that same approach. I listed all my direct costs and came up with a value. The tough part was valuing the pain, suffering, and disruption to normal activity and altered short term plans you normally enjoy. That stuff is real, and it has a value, but coming up with a fair price is difficult for people who arenât in that line of work. In my case, I came up with what I thought was a fair settlement askâŚâŚdirect bills + time away from work + pain / suffering / lack of enjoyment. I sent that into the insurance claims guy. I got a response back a few days later acknowledging the direct part of my ask, but saying they value the in-direct side differently and offering me $6k more than my ask. My total claim, between PI and property loss was in the $45k range.
Should I have signed with a lawyer? I donât think so. I didnât want to win the lottery. I just wanted to be treated fairly. In my case, I felt 100% fully compensated and treated right. The PI lawyers in my area operate on a 33% contingency. They donât cost you anything up front, but they have to increase the amount of your settlement by 50% to cover their share. Who knowsâŚâŚmaybe that would have happened in my case, but I donât really care because I felt I was treated fairly.
Also, keep in mind that if you have healthcare costs covered by your health insurance company, your insurance company probably has superior rights to yours for any PI recovery you obtain, so youâll have to reimburse them as part of the settlement. Another factor is that I live in Texas, a fault allocation state. If liability had been contested or I was partially liable, I probably would have signed with a lawyer.
My perspective was that most of the claims guys you deal with want things to be easy for them. If you present a clear, easy to follow claim with a basis for what youâre asking and supporting details, you make it very easy for them to sign off on the amounts. I know thatâs not always true, but it was in my case.
I other perspective is I have a lot of confidence in the health care providers I see. If I didnât trust them, I wouldnât see them. Once theyâve evaluated me in person, I wouldnât second guess their assessment based on internet advice, especially if Iâve gotten similar advice from both an ER physician and my PCP. My experience has been ER staff in our area see concussions on a daily basis and know what ehyâre doing.