Hit by a car, advice?

Back by popular demand, the general all-things Road forum!

Moderator: robbosmans

kulivontot
Posts: 1163
Joined: Sun May 16, 2010 7:28 pm

by kulivontot

Get a lawyer. I got hit by a car in 2011 and was able to settle for the value of my bike plus medical costs. Took over a year. There's no way I could have navigated it without his help.

by Weenie


Visit starbike.com Online Retailer for HighEnd cycling components
Great Prices ✓    Broad Selection ✓    Worldwide Delivery ✓

www.starbike.com



User avatar
53x12
Posts: 3708
Joined: Fri Sep 15, 2006 6:02 am
Location: On the bike

by 53x12

For those that got a lawyer involved, did the lawyer require a certain % of the end settlement or did they just charge a flat rate for the whole process?
"Marginal gains are the only gains when all that's left to gain is in the margins."

User avatar
ajh
Posts: 558
Joined: Sun Oct 24, 2004 1:41 am
Location: Toronto, Canada
Contact:

by ajh

I was hit and had a choice between having a lawyer and taking a long time for a little more which I would have to split with the lawyer or getting less faster on my own.

User avatar
Rick
Posts: 2034
Joined: Sat Aug 29, 2009 4:30 pm

by Rick

Almost all lawyers will take the case for no cost to you. The lawyer's fees are paid by the final settlement.
What the responsible party PAYS is what you are owed PLUS the attorney's fees.
So, at least in theory, the lawyer's fees do not come out of what you are owed; they are added on top of what you are owed, and that is paid by the responsible party (or their insurance co.)

Lawyers know quite a few things that an average person might not realize. For example, you are entitled to be paid full medical COSTS, not just what you actually had to pay in medical FEES. You probably only had to pay a portion of your medical COSTS, because your medical insurance paid a big portion of that. But the responsible party is not allowed to benefit from the fact that you had insurance, because you have been paying for your own insurance. So they have to pay the full medical costs to you.
Then there is also a lot of niggly stuff that all adds up: lost time from work ? Transportation to and from Dr appts ? Ambulance service ?
There are also intangibles, such as the psychological trauma that being hit causes you, and the lingering fear that now degrades your enjoyment of cycling. You might chuckle, but these things are real.

I don't know all that apply in your case.

DavidMLee
Posts: 172
Joined: Tue Aug 04, 2015 3:48 pm

by DavidMLee

I'm sorry for what happened.

Worst thing for cyclists would be that situation.

Things are different across globe, but in my experience

I recorded the whole situation and went to the doctor immediately. After all, an insurance company took care of it.
Legend HT 9.5 RED 22
Colnago C60 Super Record
S-Works Tarmac 2016 eTap
S-Works Tarmac 2015 DA
Cervelo R3 2015 UT
Cervelo S2 2014 UT
Spesh Venge Elite 105

cccycle
Posts: 24
Joined: Fri Aug 07, 2015 10:39 am

by cccycle

I think its getting sorted now, I have a company working on it. Need to go and get the damage to my bike looked at, then get better and try and get flexible enough to ride a bit again.

Post Reply