Author Topic: Hit by uninsured motorist  (Read 6874 times)

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Offline tmkepler

Hit by uninsured motorist
« on: June 02, 2011, 03:48:58 pm »
On Saturday evening I was cycling in Beavercreek down County Line with a friend and as I entered an intersection an oncoming car flew around a left hand turn waiting F150 truck (on it's right side, obstructing my view) and struck me, then proceeded to run away.  The driver was found and arrested and I found out that he was 18 and driving on a suspended license.  My $6,000 bike is totaled and though I don't have any broken bones, I do have many contusions and lots of road rash... the doctor said I was incredibly lucky.  The police said that the driver was 100% at fault, took lots of witness statements (plenty of witnesses present) and said that the driver was responsible for the monitary replacement of my bike and equipment.  I received a copy of the police report today and confirmed that he was operating the vehicle on a suspended license... I doubt he has the funds to pay for this.    I know he has two felony offenses from this accident so I'm also worried he's going to do time and again not be able to pay for damages.

What steps should I take?  I'm not sure where to proceed from here and worried I may be left high and dry with no compensation for my loss or injuries.
Tom Kepler

Offline aggie

Re: Hit by uninsured motorist
« Reply #1 on: June 02, 2011, 04:32:15 pm »
Check with your insurance company.  You may be covered under the uninsured motorist coverage if he in fact doesn't have any insurance.  Other than that you will have to file suit and hope he has some assets you can attach.  Good Luck.

Offline litespeed

Re: Hit by uninsured motorist
« Reply #2 on: June 02, 2011, 04:44:28 pm »
Was he the owner of the car? If it was, say, his parents' car you can file a claim against their insurance company. At 18 he is probably still living at home and is his parents' dependent. As aggie said, talk this over with YOUR insurance company and get the free advice - a lot cheaper than a lawyer. Always let the insurance companies fight it out if you can.
« Last Edit: June 02, 2011, 04:49:13 pm by litespeed »

Offline hem

Re: Hit by uninsured motorist
« Reply #3 on: June 02, 2011, 05:09:19 pm »
Personally I would not let the insurance companies fight it out. That is my opinion having been through the situation and having a lawyer fight the way through the process of settling with the driver's and my insurance companies.

Offline tmkepler

Re: Hit by uninsured motorist
« Reply #4 on: June 02, 2011, 05:28:58 pm »
The whole problem is that the driver was 18 and uninsured, driving while on a suspended license... I talked to my insurance company today and they said that my uninsured motorist coverage will pay medical and pain, however there's nothing for compensation on monitary losses (bike, shoes, helmet and gear) that were destroyed... approx $7,000 in all.  I'm leaning towards getting the lawyer because of all this however don't want to dump a ton of money in one if the kid can't pay...
Tom Kepler

Offline tombrogan

Re: Hit by uninsured motorist
« Reply #5 on: June 02, 2011, 06:01:04 pm »
In California, your home owner's or renters policy will cover property damage caused by a motor vehicle. No point in getting a lawyer involved unless you feel that you are being treater unfairly by your insurance company. Your uninsured motorist will pay a resonable amount for pain and suffering and your home owner's will cover the property.

Offline Westinghouse

Re: Hit by uninsured motorist
« Reply #6 on: June 02, 2011, 06:34:21 pm »
Frankly, I am not too sure about those insurance companies, but I am sure some do pay off. I had a somewhat similar experience but in a motor vehicle. I was legally stopped at an intersection when two other motorists had a collision which I had absolutely nothing to do with. One of the drivers was slammed out of control and broad sided my vehicle very hard. I ended up going to the hospital with a concussion. I contacted the insurance company of the person charged with causing the wreck. Apparently this was not his first wreck. His insurance company used a simple expedient for not paying the damages. They simply did not pay, and they refused to answer any and all of my phone calls. They also never set an appointment for looking at the damage. They just ignored it all.
The only time I got an answer from them was after contacting the state insurance commission, and then it was a lowball offer with not one penny for medical bills, and a requirement that I sign a statement that my insurance claim was bogus. Talk about crookery.

If the culpable party is not insured at all, I don't have any idea how you might get compensation for damages. Insurance companies are in business for profits. If they can get away with not paying off, they will. If there is not any insurance, well, you'd need a lawyer for that advice. I understand there are lawyers who might specialize in motorcycle and bicycle accidents.

Offline litespeed

Re: Hit by uninsured motorist
« Reply #7 on: June 02, 2011, 10:30:58 pm »
When I got hit while bicycle touring I called the driver's insurance company (Allstate) and made an immediate deal for a cash settlement plus all my medical bills plus the U-Haul truck to drive myself and bicycle home. I had the check within two days and they paid all my medical bills. There was no damage to my Litespeed.

I once got rearended while driving my minivan. It was totaled. The other driver's insurance company (Allstate again) jerked me around for a couple of weeks. I finally went to my insurance company (State Farm). They cut me an immediate check and went on to collect from Allstate.

I once suffered a very painful and mildly crippling injury (crushed foot) while at work. I was in the hospital for 5 1/2 weeks and had 5 operations. I later got a lawyer who treated me like dirt and spent months getting me a few thousand. I really wish I had gone straight to the insurance company.

Offline hem

Re: Hit by uninsured motorist
« Reply #8 on: June 03, 2011, 01:16:44 am »
I'll add that my situation involved a motorist who had the minimum legal coverage. I was in the hospital about a month with crushed vertebrae and a collapsed lung. Long term residual effects were a distinct possibility. A co-worker recommended a lawyer who took my case on contingency and all said and done got me a high six figure settlement from all the insurance companies, the drivers, my auto and home owner insurances.
I am pretty sure that without the lawyer the outcome would have been much different. But this is what the lawyer does. It is the same reason I go to a doctor and not do my own surgery.

Offline Tandem4Rider

Re: Hit by uninsured motorist
« Reply #9 on: June 03, 2011, 07:05:38 am »
tmkepler,

First, thank goodness you are okay.  I hope your bruises mend quickly and that there are no long term aches or pains associated with your accident.

Second, my advice is to get counsel (lawyer) sooner rather than later.  Insurance companies are in the business of making money - not paying it out.  They will pay out only after everyone else can claim some sort of immunity from owing on your misfortune.  The beauty of lawyers is that they get their share purely for looking out for you - that is real insurance.  In other words - you may get no where with the insurance companies, but your attorney might.

The reality here is that you'll not likely collect from this young driver.  The best you'll do is get some sort of judgment from a sympathetic judge and perhaps get something, but not likely enough to replace your equipment.  You may want to investigate options the state you live in provides for collection from uninsured drivers as some suggested - very worth the time I suspect.

I wish you the best.

Offline bogiesan

Re: Hit by uninsured motorist
« Reply #10 on: June 03, 2011, 09:04:15 am »
All of the major bicycling magazines have ads for lawyers who specialize in bike related cases. Your local yellow pages will, too, but you can check with your local bike advocacy organizations. They will have one or more law firms to recommend.

david boise ID
I play go. I use Macintosh. Of course I ride a recumbent

indyfabz

  • Guest
Re: Hit by uninsured motorist
« Reply #11 on: June 06, 2011, 10:57:59 am »
Be actively involved in any criminal end of the incident.  (Hopefully, the particular jurisdiction has a victims' advocacy office to help you.)  It's quite possible that the judge will order him to pay restitution for any losses that you can't recover from some other sources.

I work in an industry where vandalism is fairly common.  When the vandals are caught, we often get restitution imposed as part of the sentence.  Depending on many factors (including jail crowding), this kid may walk with probabtion and could be ordered to get a job (if he does not have one already) and to pay restitution as a condition of probabtion.  If restitution is offered, it may take years to fully recoup your losses, but it may send a message and provide you at least some personal satisfaction.

Offline MTB29ERCurt

Re: Hit by uninsured motorist
« Reply #12 on: June 16, 2011, 09:38:30 am »
Hi tmkepler, I ride County Line Rd. all the time my self. Which part of County Line Rd. were you on, doesn't most of it has a bikeway now. Did it happen closer to the Green Mall. I don't remember hearing anything about this, was it on the news or in Dayton Daily News paper. Well anyways sorry about your mishap and the loss of your bike. I'm sure you'll gonna have to go to court on this case youself.  I'm sure the judge is gonns make sure he repays the loss of your bike to you.