Karen in CO Posted March 15, 2012 Share Posted March 15, 2012 Last weekend my dh was hit by a car while riding his bike - he is okay. Battered, bruised and stitched up, but it could have been much worse. His helmet is cracked, and his bike is totaled, but he walked out of the ER on his own. The police cited the driver for violating the bike lane or something like that. I'm picking up the accident report and calling our health insurance company today because I know UHC won't pay for the ER visit. What else should I do? Do I call the driver's insurance company? DO I wait for them to call me? Will they reimburse for the bike, helmet and stuff beyond the medical bills? Anybody have sage advice for how to deal with the insurance companies? Quote Link to comment Share on other sites More sharing options...
Mama Geek Posted March 15, 2012 Share Posted March 15, 2012 I would call the driver's insurance ASAP. They should cover the bike, medical bills, and anything else that was damaged. ETA: As much as I dislike lawyers, I would call one of them too. Quote Link to comment Share on other sites More sharing options...
Mama Lynx Posted March 15, 2012 Share Posted March 15, 2012 I was just in a car accident. I took the other guy's insurance information, but I only called *my* insurance company. Later, the other guy's insurance company called me to get my statement. It may well speed up the process if you call them yourself. If your husband were in a car, they'd reimburse for repairs - so it seems right and fair to me that they should reimburse for the bike, etc. If you have not already, take pictures of the bike and anything that was damaged, and any of your husband's visible injuries (scratches, etc.) if any. The police cited the driver, so the driver's insurance company will have to accept liability. Quote Link to comment Share on other sites More sharing options...
Mommyof4ks Posted March 15, 2012 Share Posted March 15, 2012 I would start with your insurance company and see if they can work for you to get the bills paid and the bike and other things replaced. It will not affect your rates to have them work for you in an accident that was not your fault. Since your dh was not in a car though I do not low how that works (unless by bike you mean motorcycle, then it is the same as a car). Your insurance company can give you sound advice though. I would not call their ins. company first and ask what they will pay for, because they can lie to keep from paying what you are entitled to in order to make you whole again. Glad your dh walked away from the accident! Quote Link to comment Share on other sites More sharing options...
Jann in TX Posted March 15, 2012 Share Posted March 15, 2012 DH was driving our Suburban filled with 7 teenage girls on a spring break trip 2 years ago-- a driver rear-ended them-- sending 4 to the hospital. One girl broke her back (fortunately she was not paralyzed), 2 had serious concussions (my middle dd was one of those-- she has permanent hearing loss too). DH and oldest dd had major whiplash. Car was totaled. Other driver is at fault. Police report says she was at fault. This driver had a premium insurance policy-- It has been 2 years- the other driver's insurance has NOT PAID A PENNY. The other insurance company offered us 30% of the initial hospital/ambulance bills. Obviously we did not accept the offer. The lawsuit has been in the works for 2 years now-- it is finally getting close to a court date-- our lawyer said the 'bad' insurance company will probably present a deal the morning of the court date... which DH just told me they postponed once again!!! The 'bad' insurance company (a MAJOR well-known one) offered the girl with a broken back 30% of her initial FIRST DAY hospital bills-- she will be needing surgery in the near future because of the injury... Hopefully the original poster will have to deal with one of the 'good' insurance companies.... there are still a few who actually pay the bills incurred by their 'insured' clients. We had to dig into our college savings moneys to pay the medical bills-- we have had to take out loans... it is NOT a great situation to be in-- before the accident we were debt free... at least my family and their friends have their lives! One of the other injured girls won a 'small claims' lawsuit against the driver-- it only took a few months to go that route... they did it without a lawyer. Quote Link to comment Share on other sites More sharing options...
plansrme Posted March 15, 2012 Share Posted March 15, 2012 Why will UMR (that's your health insurance company?) not pay the ER bill? They should, subject to any deductible, of course. If another party is liable for the damages, however, they may (probably will) file a subrogation claim against the driver and/or his insurance, but that doesn't mean they don't pay your medical bills. They pay the bills first and then collect from the at-fault party. As for the bike and helmet, the other guy or his auto insurance should pay them. What insurance company is it? My former car was an accident magnet, and I was hit 5 times in its 7-year life. In each case, the other guy's insurance paid up promptly and with no complaints, and I mean they paid for, in one case, for more than a month-long rental of another minivan. Twice, they paid for diminished value in the amount determined by my appraiser. In every case, they paid for every repair at the shop of my choice. In every case, the other driver was cited, and in every case, I had zero problems problems collecting what was fair. And I never once called a lawyer (though I am a lawyer, this is not my area of expertise) or my insurance company. So you may well have a fairly easy time of it. But you will need to make a claim for the bike and helmet, lost wages, etc.--they're not going to hunt you down and offer money. Terri Quote Link to comment Share on other sites More sharing options...
Slipper Posted March 15, 2012 Share Posted March 15, 2012 I would call the driver's insurance ASAP. They should cover the bike, medical bills, and anything else that was damaged. ETA: As much as I dislike lawyers, I would call one of them too. I agree with the above. They should also cover time missed from work. Quote Link to comment Share on other sites More sharing options...
Karen in CO Posted March 15, 2012 Author Share Posted March 15, 2012 I've had problems with United (my health insurance company) not wanting to pay for things in the past - they can make things very difficult sometimes. Quote Link to comment Share on other sites More sharing options...
sbgrace Posted March 15, 2012 Share Posted March 15, 2012 (edited) I'm so glad he's ok! Some insurance companies are much easier to work with, and faster to pay and replace things, than others. I think how much fight, if any, you have there will vary. My mother is an accident magnet. They are never her fault but she's been involved in a large number of accidents. In a handful my parents have had to sue to recover damages as the other company just wouldn't pay. At any rate the person's company should replace the bike and helmet. In our case we filed with our insurances and then the at fault parties insurance contacted us. In your case I'd probably call the company myself and start the claim process. You don't know, in fact, that the other person has even contacted their insurance at all. I think, were he in a car, your own insurance would get that ball rolling. So I'd step up yourself for that. The medical bills aren't your problem. Your health insurance will cover those and then likely go after the person's insurance company for reimbursement. If you've got copays or high deductibles of course you'd be having to ask for reimbursement. edited to add: I see someone saying some companies might balk. I am shocked with that! What basis do they have for not paying? I've only seen companies not cover for work related accidents when workers comp is going to have to step in. I hope this isn't a major hassle for you. I'd really want my insurance to pay the medical as the other person's company could drag it out potentially. Edited March 15, 2012 by sbgrace Quote Link to comment Share on other sites More sharing options...
FaithManor Posted March 15, 2012 Share Posted March 15, 2012 DH was driving our Suburban filled with 7 teenage girls on a spring break trip 2 years ago-- a driver rear-ended them-- sending 4 to the hospital. One girl broke her back (fortunately she was not paralyzed), 2 had serious concussions (my middle dd was one of those-- she has permanent hearing loss too). DH and oldest dd had major whiplash. Car was totaled. Other driver is at fault. Police report says she was at fault. This driver had a premium insurance policy-- It has been 2 years- the other driver's insurance has NOT PAID A PENNY. The other insurance company offered us 30% of the initial hospital/ambulance bills. Obviously we did not accept the offer. The lawsuit has been in the works for 2 years now-- it is finally getting close to a court date-- our lawyer said the 'bad' insurance company will probably present a deal the morning of the court date... which DH just told me they postponed once again!!! The 'bad' insurance company (a MAJOR well-known one) offered the girl with a broken back 30% of her initial FIRST DAY hospital bills-- she will be needing surgery in the near future because of the injury... Hopefully the original poster will have to deal with one of the 'good' insurance companies.... there are still a few who actually pay the bills incurred by their 'insured' clients. We had to dig into our college savings moneys to pay the medical bills-- we have had to take out loans... it is NOT a great situation to be in-- before the accident we were debt free... at least my family and their friends have their lives! One of the other injured girls won a 'small claims' lawsuit against the driver-- it only took a few months to go that route... they did it without a lawyer. THAT IS COMPLETELY OUTRAGEOUS!!!!! I am very angry on your behalf...wow...total, 100%, catastrophic failure of the system. Jann, maybe you could get an interview with Dateline, John Stossel, somebody big who could cause enough embarassment to the company that they'd come up with a real offer and pay NOW. :grouphug: No matter what, thank goodness your family and friends made it through. OP, I really don't like being the kind of person who bandies about seeking legal action for every problem, however, given the seriousness of the incident and the fact that your dh could have ongoing medical needs - chiropractic visits, massage therapy, physical therapy, etc. - I don't think I'd mess around with the other company. I'd be inclined to call, make it known that you will not be messed with and expect to be treated fairly and promptly/IMMEDIATELY, or head straight for some cut-throat, take no prisoners attorney. Faith Quote Link to comment Share on other sites More sharing options...
Maeintx Posted March 15, 2012 Share Posted March 15, 2012 Get a copy of the police report and definitely call your own insurance. My son was a pedestrian hit by a car. We called 911 and he was transported by ambulance and I left with him. I assumed the police would respond and then contact me. Apparently they interviewed the driver but someone dropped the ball and never filed the report. Anyway..it was a mess. Finally OUR car insurance PIP (he was a pedestrian!) paid us so we could pay the bills. They were going after driver's insurance but in the end, their BIG NAME insurance company never paid a dime because of lack of police report. (to this day it is not understood how they didn't file a police report and had no record though he went by ambulance!) Quote Link to comment Share on other sites More sharing options...
chepyl Posted March 15, 2012 Share Posted March 15, 2012 Take pictures of everything. Make notes now of everything dh remembers, type it up and save it. Call the driver's insurance company and take notes of date, time, who you tall to and everuthing said. Do not accept any offer, do not settle until dh is completely recovered and released by all doctors, chiropractors, etc. You have two years two file suit generally. If they are difficult at all, get an attorney. Give attorney all notes, release all med records to lawyer akd let him deal with it. I was rear ended two years ago. It took 12 months before I was released and 18 to het money. They should give you money for the bike amd helmet now. My health insurance paid some bills up front and collected from the driver later.Good doctors will work with you to collect from insurance. You should get med bills, lost wages, and pain and suffering. Quote Link to comment Share on other sites More sharing options...
Danestress Posted March 15, 2012 Share Posted March 15, 2012 ETA: As much as I dislike lawyers, I would call one of them too. It feels good to dislike and insult us until you need us, lol. Quote Link to comment Share on other sites More sharing options...
Dad 4 Boys Posted March 15, 2012 Share Posted March 15, 2012 You can get a lot of bike specific advice and read many similar accounts at www.bikeforums.net under the Advocacy & Safety forum. Quote Link to comment Share on other sites More sharing options...
melissad2 Posted March 15, 2012 Share Posted March 15, 2012 (edited) Consult an attorney...it really is the best way to handle accidents such as this when insurance companies don't want to pay the bills. The insurance companies have attorneys protecting them and so should you. My mom has been in several accidents that were not her fault and has had to have several back and neck surgeries....and without an attorney I'm not sure she would have gotten her bills paid. Edited March 15, 2012 by melissad2 Quote Link to comment Share on other sites More sharing options...
nono Posted March 15, 2012 Share Posted March 15, 2012 It feels good to dislike and insult us until you need us, lol. :grouphug: Karen, best of luck in getting everything resolved! Quote Link to comment Share on other sites More sharing options...
RoughCollie Posted March 15, 2012 Share Posted March 15, 2012 (edited) Check your auto and home insurance policies to see if either one covers bike accidents. This is from the website of an attorney in Denver who specializes in bike accidents. Q: Can I recover if the other driver had no insurance? A: Yes, if you have uninsured motorist coverage, you can recover money for your medical bills and pain and suffering even if the other driver had no insurance. (Referring to an accident between a car driver and bike driver) Q: Does my auto insurance cover accidents when I am on my bike? A: Most auto policies in Colorado will cover you if you are injured in a bicycle accident or while on foot. You may also have medical payments coverage available to you under your policy. http://www.bicycleattorney.com/Colorado_bicycle_accident_attorney.html Edited March 15, 2012 by RoughCollie Quote Link to comment Share on other sites More sharing options...
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