Hit by a car on my Bike; help with settlement?

L

Lindsey M

New member
I was riding my bike through an intersection when a Nissan Frontier hit me while turning right just as I rode in front of the car. The light was green for me to go, and the driver was over the second line of the crosswalk. She hit my left side and I fell to the ground. My bike suffered moderate damage and I received a sprained ankle that is still swollen, stiff and a bit painful 5 weeks after the accident. I had to walk on crutches for 2 weeks and still could not walk the same or perform my normal activities for 2 more weeks. My bike damage estimate was calculated to $850, since the bike was totaled. I am unsure about the price of my medical bills, but I went to urgent care and had 2 further check-ups. The police report stated that the accident was 100% the fault of the driver. Her insurance is trying to pay for half of the monetary damages and give me $200 for pain and suffering.
I would like to avoid hiring an attorney, but I am having difficulty calculating a reasonable compensation for pain and suffering. Any suggestions??
 
Did you have an accident report done that left her with the ticket? If not then you may not get any damages for pain and suffering. She can get a lawyer and fight against it so if you didn't get an accident claim done then you need to call a laywer to have them submit that for you. They will know depending on what your injurries are what the settlement is that you could get. If it was NO FAULT Insurance for your state like Michigan is you will have even a tougher time collecting so you WILL have to have a lawyer. My car accident which was also not my fault and in which I was really injurred and still seeing doctors for took me 4 years to settle due to the other insurance company fighting it. You won't be fighting against the driver in case you don't know that. She will contact her insurance company and you will fight against those lawyers who are paid mega bucks to make you lose your case. For example, if you hurt your foot they will go through all your medical records and see if that foot was ever injurred before and claim that the pain you are having is from an old injury. They did that to my for 4 years and we had to fight against ever bitty detail to win my case. It's not easy so get a lawyer if you believe you have a case and see what they believe. Good luck.
 
Not really... if you don't like their offer, make a counter offer or hire a lawyer.... By the way, with all due respect, your statement that "The police report stated that the accident was 100% the fault of the driver" cannot be true because police do not determine fault due to an accident. All they can do is issue a traffic violation ticket if they deem it appropriate but even a ticket does not always mean that they are or will be found liable for the accident settlement. Insurance companies are the only people who can, do and will determine fault
 
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