"I was sideswiped by a car who decided to make a right turn from the left lane on Randall's island during Sunday's TA ride. Other riders saw it and got the license number. The driver stopped briefly to give a name and cell# before taking off.
After a trip to the emergency room I think I'm OK. Nothing appears to be broken. But there's still a lot of pain and swelling so I've got to get my shoulder checked out by a specialist.
When I called an orthopedist who came highly recommended they said that they don't take insurance from people involved in accidents and that I needed to see a ""No-fault Dr"". I made an appointment with this Dr anyway due to the confidence my primary physician has in him. If I'm OK I'm not too worried. But if I'm not I'm not sure what my next steps are.
I could use some advice from a lawyer as to how to proceed. I'm not looking for anything other than my medical bills being covered if my personal medical insurance doesn't cover it. And I think my bike's fine. I just need to pick it up at the precinct.
To all that stopped and helped including some fine ride marshalls, witnesses, and NYPD - much thanks. Thank god for helmets.
Thanks for your suggestions."
bike accident friendly lawyers?
Sorry, I laughed.
I was drinking from the TA water bottles they gave at the end.
On it is ADAM WHITE- Bicycle Injury Attorney.
212-577-9710.
I have seen his adams in TA mags for years.
Try him
Sorry for the chuckle, but I hope it works out
Rob
Your medical insurance should cover the medical bill, because that's what it's for. Why don't you call the customer service number for the insurer and inquire. I had an accident, albeit without a car being involved, and my insurance covered the medical bill.
In any event, there is a lawyer who advertises in the back of Bicycling Magazine. He is Gary Brustin, (800) 841-2453, and gives a free consultation.
It's doubtful that you will find a lawyer to take the case. You have good liability, but no significant damages. (I am a lawyer, but I don't do personal injury litigation.)
Saw Doctor. Stage 3 separated shoulder. Tentatively set for surgery next week. Dr will take no-fault provided I pay for part of the opp. He said that way I'll have incentive to stay on top of the claims. I'm not thrilled about that but I really liked him otherwise and he's an associate of a Dr I just love.
I also got the police rpt and my bike back. Now I just have to see what the Lawyer has to say...
Thanks all.
i heard this same scenario from another person that was hit by a car.
is there a online list of doctors that accept no-fault?
much better to check if a known good orthopedic accepts no fault , rather than going to a sleazeball no fault mill that rips off no fault and the injuried parties.
They won't accept no fault because they don't want to get involved with wasting their time in the game playing of accident litigation.
thats the plus of no fault , there is no litigation for your medical expenses, thats why it was implemented years ago. better for the victims.
i did a search of mount sinai web site, you can pick the specialty and the insurance, it will give you a list of the doctors.
"While medical expenses are covered ""without fault"", there is almost always litigation when an injury is involved in an accident involving a motor vehicle (pain + suffering, loss of income, loss of function, etc., etc.).
To repeat, most specialists will not touch an auto accident patient because they would then be drawn into the litigation game (in addition to receiving only limited payment for the medical treatment in the first place)."
Thanks all.
>>good ones probably don't exist<<
I figured the better dr's don't want to deal with the hassle of waiting for payment.
So if I end up having to pay out of pocket - (hey, I'd rather max out a credit card on a good dr than the alternative) - can't I still recover those costs? Do I somehow give up some rights (or leverage) by heading forward at potentially my own expense?
There have to be good doctors in this area that accept no fault, all these auto accidents with injuries.
your private insurance will refuse payment if its a automobile accident.
litigation only become involved if the injury meets certain classification, the people i know that had fractures came to a out of court settlement.
http://www.nynylaw.com/nfinfo.htm
but your reimbursement would be limited to the no fault payment schedule (which I think is the same as workers' comp. rates) which is pretty low for most doctors, i.e., less than what they would get from most insurance plans.
As for getting a lawyer, unless your injuries are substantial, it will be hard to find anyone who will take this kind of case on contingency. (It won't be easy to find one who will do it on time and expenses either.) Look in the phone book for the Assoc. of the Bar of the City of NY. They have a legal referral service you can call.
Otherwise, there is always Small Claims Court (the limit is $5000) if the person who hit you is a resident of NY.
the workers comp fee pay pretty well to doctors, much better than most private insurance and higher than all HMO. i believe no fault is the same payment schedule. my work comp bill were pretty high for surgery and 4 weeks in hospital and than rehab hospital with over $1000 month in meds,add another 2000 a month for medical supplies. i had one of the best neurosurgeon in NYC/Westchester do the surgery. i know a physical therapy office that only accepts no fault,worker comp or Medicare,
or cash, they do not accept private insurance and hmo since they pay too little,
as far as lawyers they all should give you a free consultation, references is best way to find the lawyer,
and explain possible outcome of the case,
my cousin received 100,000 for a broken bone in her arm, out of court settlement, little over a year. .very fast and strange. she also found good surgeons that took no fault
I've been finding exactly the opposite. Maybe it's a NY thing.
I've spoken with several Dr's who were highly recommended and all of them are reluctant to take no fault cases. I spoke with one Dr's admin at length about this. The primary reasons she claimed are that the pay schedule in NY stinks and that it can take years to get paid. She said if I saw the same Dr in his Connecticut office he would take my case because the pay schedule in CT is better.
Frankly I'm really frustrated since all this resistance makes me feel like I'm going to get stuck with a hack the first time a Dr says he does take accident cases.
So I'm going to go ahead with the appt I have today with one of the reluctant specialists and pay out of pocket. First and foremost I've got to find out what's wrong with my shoulder.
As far as lawyers. All they want to know is what insurance the driver has. I'll know that as soon as I get the accident report later today.
If anyone has a recommendation of a Dr that will take no-fault cases and is good, I'd appreciate it.
Two places that were recommended by one of the lawyers are Riverside Orthopedic Sports and University Place Ortho. Any opinions on them would be appreciated.
What a mess. Thanks all.
"Your predicament is exactly the kind that you could get some bisic help from a bike friendly lawyer.
I had almost the exact kind of accident 2 years ago, though not in NY. I spoke to a lawyer who's also a cyclist and does a lot of bike accident case. He adviced me on how to proceed. His advice? ""Do whatever neccessary to get yourself fixed up first""
If your shoulder is ok, there's little money involved. You can go to small claim court to get whatever the medical insurance doesn't cover back. Or the driver's insurance will likely pay that without going to court. If it turns out to be a complicated case, i.e. lots of money involved, then the personal injury lawyers are more interested to get involved.
Since the detail of NY's no-fault law may be different, you could use a quick consultation with a lawyer on those details."
