"I was riding home from a race last weekend in NJ, when I was hit by a car. So far it looks like I'm going to be OK (No permanent damage to me). The bike, however, is a beyond repair. I'm interested in how to get the ball rolling on an insurance claim (His auto ins.), to get the bike replaced and cover costs of emergency room visit and such. Also,does anyone have experience with or know personally ""cycle friendly"" lawyers?"
Hit by car, now what?
Wed, 09/29/2004 - 9:02am
Wed, 09/29/2004 - 11:55am
#1
Recommendations
Hello Bill,
Sorry to hear about your accident. I hope your recovery will be quick and easy.
I was in an accident about a year ago and would offer the following advise based on my experience:
1) See a Doctor for a diagnosis and do whatever follow-ups are necessary, including therapies like acupuncture and physical therapy--whatever is necessary.
2) File a Police Report as soon as possible.
3) Get the license plate number of the car that hit you along with the name of the driver and his insurance contact information.
4) Contact a lawyer and describe the incident. They can guide your actions. My lawyer is Robert Fader. He specializes in bike accident personal injury cases. I highly recommend him. His contact information is: Phone: 800-796-5657.
5) Get a list of any witnesses and their contact information.
6) File claims with your insurance and his insurance companies. (This may vary according to the state laws in NJ. Your lawyer will know.)
7) Write a brief description of what happened. Include things like the time and date, the weather and temperature, the street address, etc. This may help refresh your memory at a later time.
8) Keep all receipts relating to the accident and all follow-ups with doctors, etc. including things like taxi receipts and medications.
I hope this is of some help to you.
Best of luck with this. I hope you will be riding again soon.
Sincerely,
Brad
Wed, 09/29/2004 - 12:19pm
#2
permanent posting
First of all, Bill: i'm very sorry to hear about your mishap.
Next, in view of the unfortunate fact that these things happen to many of us, Messrs Webmaster and Msgbrd Moderator: Could we have useful information such as that which Brad has provided permanently posted somewhere on the site?
Perhaps it is already there in some form, and i just haven't browsed deep enough into our ever-improving website. If so, please accept my apologies. If not, please accept my suggestion.
respectfully,
Cat
Wed, 09/29/2004 - 8:28pm
#3
Cycling Friendly Lawyer
Adam White, downtown Broadway - 212-577-9710, 212-897-5830. He settled a case for me after I was struck by a car that went through a red light. He is a cyclist as well.
Wed, 09/29/2004 - 2:57pm
#4
your bike accident
"Hi Bill, sorry to hear about your bike accident.
I am a NJ lawyer (as well as a NYCC member) and thought you should know that the driver's auto insurance policy doesn't automatically kick in to pay your medical bills and for your bike. A lot depends on the police report and how the accident was written up. Many property damage claims are based on ""fault"" (or percentages of fault) with regard to who is responsible for the damage to your bike. The medical bills should get paid but where the payment comes from may depend on whether you own a car (or live in a household with someone who owns a car). Medical bills are covered by PIP laws in NJ (personal injury protection) - NY has them too but they are called something else. NJ law will most likely govern your accident because of where it happened.
I know it sounds confusing but PIP can be fairly complicated. Feel free to email me directly if you want to pick my brain or need more advice.
Helen"
Wed, 09/29/2004 - 11:26pm
#5
is it no fault?
when a car hits a bike is it no fault for the car in ny state.
Fri, 10/01/2004 - 11:48am
#6
No-Fault
Yes. Theoretically in NY we have no-fault insurance. It doesn't function very well, though.
My real experience is the insurance companies did not reimburse expenses until a lawyer got involved. I wasted a lot of time communicating with the insurance people and sending them many copies of receipts, etc. They eventually rejected my claims.
The lawyer turned things around and I finally received a settlement.
Fri, 10/01/2004 - 2:19pm
#7
bike accident Lawyer
I recommend Adam White as an attorney. I believe he has done a number of these types of cases before. His work number is 212-897-5830. Good luck.
