LexRides

sailorjames · cutter Joined: 15 Nov 2007 Posts: 329

So a friend of mine was hit a couple of weeks ago on Richmond Road in front of Kentucky American Water Company. She was heading outbound on Richmond Road and while going through the intersection, the driver made a left turn from the inbound lane and struck her on the left hand side. The bike has been totaled, she was in the hospital for about a day, and has missed a couple weeks works due to the injury to her leg.

Here's the kicker: Geico only wants to pay 60% of her claim, essentially saying that since she was in the intersection, she was liable for slowing down or stopping to allow him to turn.

My only experience with insurance companies and bikes was when a car rear ended my car with my bike on the trunk rack, that claim was handled 100% without hassle.

Has anyone here had similar experiences with insurance companies after their bicycle/car collisions?

knuckles · Posted: Wed Sep 02, 2009 7:02 pm Post subject:

Years ago, a friend of mine began commuting to work by bicycle, he was involved in a collision at the intersection of 3rd St. and Bark Alley (its right by Gratz Park). It broke the bikeframe, and stabbed a little hole in the fender of the Mercedes as it came out of the blind alley.
It was entirely my friend's fault, going the wrong way up third, on the sidewalk, the lawyer in the car said that he had looked it up out of curiosity. The two of them had already struck a bargain.

If your friend had the right of way, was clearly marked, travelling with the flow of traffic, and maybe even in a bike lane.. then it was most certainly NOT HER JOB to do anything on behalf of the other vehicle in the collision. Maybe she should lawyer up, or at least appear eager to do so.
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brokebike · cutter Joined: 21 Oct 2007 Posts: 2434 Location: local

Total bullshit. if I were your friend, I would get myself A lawyer who is versed in bike/ pedestrian cases. Your friend is not at fault in any way, and to let Geico make that sort of claim and get away with it without a fight would be the real crime in this case. Even if I could not afford a lawyer, I would do it out of spite to show those fuckers who's right.
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sailorjames · cutter Joined: 15 Nov 2007 Posts: 329

My sentiments exactly Brian, but I also would expect insurance lawyers to be the type to drag cases out in court to the point where legal fees become too great for the plaintiff, and the case is dropped.

Insurance companies are one of the "mega-evils" I believe exist in the world today; alongside pharmaceutical companies and televangelists. The type that "have to exist", but have too many tricks to escape prosecution from their own wrong-doing. She has gotten a lawyer, by the way. And as a side note, send me those pics when you can, I'd like to have them for our scrapbook.

Another thing that strikes a nerve for me is she was just starting to bike around town, and now this is becoming a huge headache for her. She just doesn't deserve any of the grief.

laughterhouse5 · Posted: Thu Sep 03, 2009 5:07 am Post subject:

It's easy to look up kentucky bike law, and see that bikes have the same rights of way as vehicles. If she had been in a car, there's no question that she had the right of way - you wouldn't turn left before all of the cars had passed by, right? She could get a lawyer on the cheap because it's an obvious win - she just needs to contact her witnesses (if any) and tell the story to a lawyer.

brokebike · cutter Joined: 21 Oct 2007 Posts: 2434 Location: local

She needs the Heavy Hitter, or the Kentucky Hammer, or The MAN, or the Tiger, or the car-crushing space dinosaur robot lawyer.

Any of those guys would probably work.
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knuckles · Posted: Thu Sep 03, 2009 7:26 pm Post subject:

laughterhouse5 · Posted: Thu Sep 03, 2009 9:03 pm Post subject:

This kid today took my left turn signal today on W Maxwell as "waving him around" and damn near clipped my rear tire. I miss summer already.

I thought that this was how you wave someone around:

brokebike · cutter Joined: 21 Oct 2007 Posts: 2434 Location: local

can't. stop. watching.
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caine1975 · hipster Joined: 23 Jan 2008 Posts: 51 Location: lex-vegas

ok...so i was hit last june the 3rd, downtown in the bike lane by 'i didnt see you' man.
geico sayin 60% is their way of saying 'fuku u dont have a lawyer' and we are gonna be donkeydix about anything until u lawyer up and get to sueing our greedy fuk arses!
a lawyer will take 30% of whatever the case is settled for out of court and 34-40% if it goes to trial. Now insurance comapnys dont want to go to trial as then they have to pay trial lawyers to do their vampire job at a higher rate than their normal vampire lawyer scum jobs.
I just settled my case last week after a year and 2 months of dealing with those douche bags.
I didnt go to trial as I was tired of it being drug out. When your friend gets a lawyer (call me at 420-5324 for a good time and a good PI lawyer-screw that phat ass hvy hitter) she will begin to see the difference in how she is treated. Also, I reccomend she not pay a freakin dime out of pocket and let the $10k PIP of the drivers insurance pony up for med expenses. There is a book on amazon about bicycling and your legal rights, $16 plus shipping...was about to order mine when my case was settled.
It is a long drawn out bullshit process and coming to the other side of it I can say it sucks and wish it had happened in the 80's when trail lawyers were a dime a dozen and the courts were hearts and flowers and cashing people out big time. There will come a time when her ortho doc will fill out a form describing her total impairment rating and KY is one of the few states that uses this BS form but that is what the insurance companys will base their offer on.
Me, im 4% permanently disabled with some other dood living in my shuolder .........
FUK its early...
hope yall have a good holiday weekend.
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metro biking · Posted: Sat Sep 05, 2009 10:01 am Post subject: Your Rights to the Road

Sailorjames and All,
I just got finished reading this month's Bicycling Mag Road Rights column by Bob Mionske who authored the book BICYCLING AND THE LAW.

Then after reading your forum entries, I went to Mionske's web site bicyclelaw.com as noted in the column and saw there was lots of info that should help your friend to decide what to do.
Tell her good luck and hope this helps,
Mike G
metro biking
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Metro Biking

Bikerbuckl · Joined: 15 Feb 2010 Posts: 1

I was hit last July 18th by SUV - his fault - he pulled out in front of me - Police report confirms. So Far his Ins Co. has paid for my bike which was totaled (custom; I got $4000+) and all medical bills paid to date. I've been to PT for 6 months, 1 to 2 x /week. I just sent in a Dr's statement saying I have permanent injury to muscles were my Impact to Pavement was (I was thrown about 30 + feet). So Far no Lawyer involved. I'm lucky, I can still bike but after 30-60 minutes next day I take the 800mg Ibuprofen for back pain. I'll keep you posted on any settlement offers.
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