QuestionHi,
I was recently involved in an accident with a car while I was on my bike.
I was riding my bike on a crosswalk. This crosswalk cuts through a parking lot. As I was crossing one of the isles, a small Saturn came from my right and hit me. I landed on the windshield.
I was lucky to escape with minor scars, bruises, and whiplash, but my bike was not lucky in terms of damages.
I missed 2 days of work also because I was sick with trauma and stress, and I had to spend quite a bit of money taking the bus to work. Workers Compensation doesn't cover my 2 days off of work because I was in a vehicle.
There was a police involved, but I was in the hospital by the time he arrived. He decided it was no-fault based on the driver's story. The driver did not claim insurance. When I called his insurance company, they said they would only cover injury costs, and not property damage.
My primary concern in property damage, the bus tickets, and my 2 days off of work.
The accident was on private property. There were no signs for bikers to say that they should dismount their bikes.
Who is at fault?
Answer
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Dear Abdul,
It is not easy to tell who is at fault from the facts you have given to me. But if I am guessing right about the facts, then is seems to me that the other party was at fault, and his insurance must cover all of your damages: bodily injury and property damage.
We start with the fact that the rules of the road apply within the shopping center parking lot, even if it is private property.
A driver cannot move unless he is sure his movements will be safe. This is especially the case when the victim was in a crosswalk.
I take it from your statement that you were "on" a crosswalk to mean you were, as we say "in" a crosswalk. That means that you were traveling within a protected zone. NO DRIVER CAN APPROACH A CROSSWALK WITHOUT CHECKING TO SEE THAT IT IS CLEAR. Thus, no matter if you were walking, riding a bike, on a skateboard, or in a wheel chair, it was the DUTY of the driver to yield the right of way to you.
The police report is not relevant. It is not admissible testimony inasmuch as he was not a witness. All he did was collect the facts, and he only took one side of the case. IT IS NEVER TOO LATE TO SEND HIM A SUPPLEMENTARY LETTER CORRECTING HIS MISTAKEN FACTS.
No, the police will not "correct" their mistaken facts; they might not even retain your letter. BUT it is important to get of record right now the correct version of what happened. That will aid you later on in negotiations. Obtain & supplement or CORRECT THE INVESTIGATING OFFICER'S Auto Accident REPORT http://www.settlementcentral.com/page0059.htm
Make a firm written demand letter. See Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm And if they will not pay for all of your damages, including your bodily injuries, then sue them in a court of lower jurisdiction (the lesser court than your court of record—it should have a jurisdiction limit of between $15,000 and $30,000). The form is easy to complete, and it costs less than $100. THAT will get the adjuster on board with a fair settlement offer ASAP.
Also, don't make light of your bodily injuries. Your bodily injury claim is worth many times the value of your bicycle. I will bet that with that kind of trauma there will be continuing soft tissue injuries, and soft tissue injuries have a way of creeping up on you weeks or even months later when you start to get active in your first summer season since the accident.
After a weekend of physical activity, you may notice a dull ache that night or the next morning, or for the next three or four days. If you were able to do these spring and summer activities before the accident without the same kind of pains, then that is a sign that you have residual soft tissue damage, and we need to account for that in making your settlement.
Many people want to ignore that little nagging pain that comes after a full day at work or after doing spring or summer yard work or other outdoor activities. They do not realize that often times soft tissue injuries do not manifest until weeks or even months later.
There may be a dull ache at night following some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.
No problem if you have no aches or pains out of the ordinary for restarting activity after a winter of inactivity. BUT, if there is some nagging pain that shows at night or the next day following activities you did in summers past, DO NOT IGNORE IT AS IT MAY WELL BE DUE TO YOUR SOFT TISSUE INJURY.
Naturally, insurance adjusters do not like to hear this, or even think it might be true. But soft tissue does not heal as it was before inasmuch as scar tissue lacks the elasticity of the damaged tissue.
If you do have such out-of-the-ordinary pains following physical activity, then by all means CHECK IT OUT WITH YOUR DOCTOR BEFORE YOU RESPOND TO THE ADJUSTER. You can open your own PIP claim or health insurance claim to pay for your medical or chiropractic expenses.
If the pains are new post-accident, then SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase value of personal injury claims http://www.settlementcentral.com/page0045.htm
And, of course, once you settle, that is it: no one will be there to pay for your future medical or chiropractic care; nor will you ever see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
