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 was moderately damaged 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. The medical bills add up to about $800 so far. The police report stated that the driver was at fault and did not mention me being at fault at all. 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??
 
Send a registered letter to the head office and also to the Insurance Commission in your state. call it a "Demand Letter". You want actual damages. You can hint that if you get an attorney he will certainly seek more and they need to stay on the right side of right in not only assisting you, but that they should have wanted to from the on-set to make you as whole as possible. They can not with only what you are asking for ever repay for the suffering. But an attorney might? They know that attorneys don't charge victims they get the damages plus to then take their fee. .....they are getting off easy with their insured's carelessness (you don't have to say all of that, but that's the energy you will want to draw on as you stand up for yoursef)
 
Why are you avoiding an attorney? If it's cost, look for Legal Aid in your area, it's free to you...Legal aid finds newly minted lawyers who work for the experience.

Her insurnace should be paying for your new bike and all of your medical expenses and pain and suffering. Any good lawyer should be able to get you a tidy sum.
 
You should never settle for anything less than your actual monetary damages. Insurance companies always throw out that "we'll pay half the damages" and sometimes throw in some silly argument about proportional liability. You have to be an idiot to take it.

Tell them that it is not close to reasonable and you will do them a favor by taking actual damages plus $500 in pain and suffering. If they want to dick around about it, you are happy to hire an attorney and discuss all possible damages. They will settle for at least monetary damages.

Getting an attorney is not a terrible idea and most attorneys would do this on contingency because one phone call gets them monetary + $500.
 
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