QuestionHello, I was riding my bike the other day when I was side swiped by a lady making a turn. She knocked me across the road, tearing my leg up, injuring my shoulder, and breaking my elbow. She also destroyed my $5,000 bike. I also missed a couple of days of work due to this. I have great medical insurance, so all of the damage done to my body is being covered for free by that. What would you recommend I do in a situation like this? Is it possible to sue? I would like to replace my bicycle at the least.
AnswerHi Tre,
You appear to be the driver who is in the right, and she appears to have failed in her duty to exercise due care and caution before making any movement. Is that right?
If so, then yes, by all means pursue a claim against her by filing with her insurance company. You are entitled to both property damage (i.e. the bike, torn clothes, etc.), lost wages, medical costs, AND general damages (pain and suffering, loss of enjoyment of life, etc.)
Your demand letter http://www.settlementcentral.com/page0170.htm to the insurance adjuster will include all of the elements of damages above. Your health insurer will subrogate http://www.settlementcentral.com/page0459.htm against your insurance settlement.
Take a look at some of the free pages on my website to get a feel for whether or not you want to try to settle this insurance claim on a do it yourself basis http://www.settlementcentral.com/page0014.htm
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
