busymama7 Posted March 8, 2017 Share Posted March 8, 2017 My husband was biking this am and got hit by a small pickup. He is ok. Nothing broken, no internal injuries, no concussion. It should have been much worse so we are very thankful. We left the hospital without giving insurance info which we realized later. We don't actually have medical insurance but rather a health share and I will call them tomorrow about how to proceed from their end. I would assume that they will go after the drivers car insurance for payment but I guess I don't know for sure. Lots of X-rays and a full body cat scan was done so I can only imagine that it will be a ginormous ER bill. I am wondering about if we can get a replacement on the bike. It was nearly new and actually belonged to one of our teens. Does anyone know how this works? We have never had any kind of accident involving medical or damages outside of the cars and that was dealt with by our car insurance. But how do we even handle this? Who do we call and report to? there was a police report filed and we assume it will be the drivers fault but I was not able to go to the scene (went straight to ER) and my son who went for the bike got a print out from the officer that says 10 days for a copy of the actual report. I do have insurance info for the driver. I would appreciate any guidance as to what steps I need to take. I'm still kinda overwhelmed by the whole day 😢 Quote Link to comment Share on other sites More sharing options...
Annie G Posted March 8, 2017 Share Posted March 8, 2017 Sorry this happened but so glad your dh is ok! If the accident is the car driver's fault, his insurance should cover the bills- both hospital and bike replacement. Traditional insurance companies often send forms to see if there is another party responsible for the bills- such as if the injury was an accident caused by someone's negligence. They don't want to pay if they don't have to. Not sure whether health shares do that kind of inquiry though. Even though the police report might not be available for ten days you might be able to call tomorrow and talk to the officer and get an unofficial answer about who he is listing at fault. Hope dh isn't too sore tomorrow! Quote Link to comment Share on other sites More sharing options...
busymama7 Posted March 8, 2017 Author Share Posted March 8, 2017 Sorry this happened but so glad your dh is ok! If the accident is the car driver's fault, his insurance should cover the bills- both hospital and bike replacement. Traditional insurance companies often send forms to see if there is another party responsible for the bills- such as if the injury was an accident caused by someone's negligence. They don't want to pay if they don't have to. Not sure whether health shares do that kind of inquiry though. Even though the police report might not be available for ten days you might be able to call tomorrow and talk to the officer and get an unofficial answer about who he is listing at fault. Hope dh isn't too sore tomorrow! Thank you. He is in a lot of pain today and we assume tomorrow will be worse. But he's all in one piece so there's that. Would I need to personally file a claim with his insurance company? That's the part that I don't know about. I don't have a bike insurance company on my side 😉 Quote Link to comment Share on other sites More sharing options...
ktgrok Posted March 8, 2017 Share Posted March 8, 2017 it might be worth asking your own car insurance if they have any suggestions on how to handle it. 1 Quote Link to comment Share on other sites More sharing options...
ChocolateReignRemix Posted March 8, 2017 Share Posted March 8, 2017 Thank you. He is in a lot of pain today and we assume tomorrow will be worse. But he's all in one piece so there's that. Would I need to personally file a claim with his insurance company? That's the part that I don't know about. I don't have a bike insurance company on my side 😉 Yes. Contact his insurance company and ask how to file a claim with them. 1 Quote Link to comment Share on other sites More sharing options...
Annie G Posted March 8, 2017 Share Posted March 8, 2017 Thank you. He is in a lot of pain today and we assume tomorrow will be worse. But he's all in one piece so there's that. Would I need to personally file a claim with his insurance company? That's the part that I don't know about. I don't have a bike insurance company on my side 😉 If the other driver is cited as at fault, you might be able to just call his insurance company and set the claim in motion. Since dh is not seriously injured they'll probably want to settle quickly- medical bills and replacing the bike. They'll probably also want you to sign a release that the settlement check is all you will ever ask for so be careful and make sure dh really is ok before you agree to that. You might need a lawyer if dh needs more care such as chiropractor or something. I'm sure you'll get lots of good advice- JFS is well versed and maybe she'll chime in- her dh is a lawyer and sadly they went through a pretty horrific accident a few years ago. 2 Quote Link to comment Share on other sites More sharing options...
QueenCat Posted March 8, 2017 Share Posted March 8, 2017 Call the other guy's insurance company and start the claims process. Don't accept the offer on the medical part until the docs give firm "clear" to him being "fine". 10 Quote Link to comment Share on other sites More sharing options...
Jann in TX Posted March 8, 2017 Share Posted March 8, 2017 Be prepared for it to take YEARS to settle... if you are lucky his insurance will settle (and pay all medical expenses) quickly... the bike -- well you may have to sue for that... DO NOT let his insurance try to pay 'part' of the bill... 1 Quote Link to comment Share on other sites More sharing options...
MEmama Posted March 8, 2017 Share Posted March 8, 2017 You might consider contacting your local or state bike advocacy group. They should have lawyers available you can talk with. This is their specialty. 4 Quote Link to comment Share on other sites More sharing options...
mamaraby Posted March 8, 2017 Share Posted March 8, 2017 (edited) I am wondering about if we can get a replacement on the bike. It was nearly new and actually belonged to one of our teens. Does anyone know how this works? We have never had any kind of accident involving medical or damages outside of the cars and that was dealt with by our car insurance. But how do we even handle this? Who do we call and report to? there was a police report filed and we assume it will be the drivers fault but I was not able to go to the scene (went straight to ER) and my son who went for the bike got a print out from the officer that says 10 days for a copy of the actual report. I do have insurance info for the driver. Well, the answer to your question depends on the laws in your state. In my state, if the other driver is majority at fault, then their insurance is responsible for taking care of any damage be that to another car, someone else's property, or injuries to a person. So, yes, if your state's laws are similar and the other driver is at fault, they would be responsible for the damage to the bike and your dh's injuries. The bike is a property damage claim and is separate from his bodily injury claim. Bodily injury claims are a settlement - they do not pay bills as they are incurred. Some providers may be willing to wait, others may not. Also, if you have Medical Payments coverage under your own auto insurance policy and you are injured as a pedestrian or while riding a bike, your MP coverage may cover medical expenses. Your own insurance company will the subrogate the other company to recover the money they spend. The advantage here being MP coverage functions similar to health insurance and does not require settlement prior to payment. YMMV, but as a former MP claim rep for an auto insurance company, I'd be making two calls. The first call would be to my auto insurance company and the second would be to the other driver's insurance company. Edited March 8, 2017 by mamaraby 2 Quote Link to comment Share on other sites More sharing options...
Plink Posted March 8, 2017 Share Posted March 8, 2017 DH was able to get a bike covered through homeowner's insurance (he was hit in another country, so the laws of liability were very different). If you don't have any luck with the other driver's insurance accepting liability, you can try and see if you can take that tack. Quote Link to comment Share on other sites More sharing options...
Anne in CA Posted March 8, 2017 Share Posted March 8, 2017 Do not trust the other insurance company AT ALL. Honestly, talking to a knowledgeable lawyer would not be a waste of money IME. 3 Quote Link to comment Share on other sites More sharing options...
J-rap Posted March 8, 2017 Share Posted March 8, 2017 I would start by contacting your own auto insurance company. I know that sounds strange, but they are often the ones to get the ball rolling. That was our experience. My dd was a passenger in a car driven by someone who was in a one-car accident. My dd didn't even have a driver's license yet. I contacted our car insurance company to begin looking into it, assuming it would be the other driver's insurance who would get the ball rolling. But it was ours who had to initiate it all. They handled everything at the start, wanted me to send them all of our medical bills, etc. They eventually worked with the car owner's (the one driving) insurance company as well, along with some other third party insurance companies, which I don't really understand. It is the most confusing thing, although it was mostly out of our hands and there was little we actually needed to do. I just had to keep sending medical bills to our car insurance agent! I think it partially depends on the laws in your state. I would think that somewhere in there the cost of the bike should be covered too. If for some reason it isn't, we have had multiple items covered with our homeowner's insurance. You can check with them too. But I'd start by contacting your auto insurance company and go from there. Quote Link to comment Share on other sites More sharing options...
ktgrok Posted March 8, 2017 Share Posted March 8, 2017 Definitely call your insurance company and ask. Also, I will say that some companies are much better to work with than others. Quote Link to comment Share on other sites More sharing options...
cintinative Posted March 8, 2017 Share Posted March 8, 2017 (edited) yes, the driver's insurance should cover everything--his bike, a new helmet, and all your medical bills. The police report is your proof the driver was at fault. I have a friend whose husband was hit by another car and they are still working with the insurance. He has had lasting injuries from being hit. Don't cover that yourself. If you find you need an attorney, look for one that specializes in bike accidents. Edited March 8, 2017 by cintinative Quote Link to comment Share on other sites More sharing options...
cintinative Posted March 8, 2017 Share Posted March 8, 2017 If the other driver is cited as at fault, you might be able to just call his insurance company and set the claim in motion. Since dh is not seriously injured they'll probably want to settle quickly- medical bills and replacing the bike. They'll probably also want you to sign a release that the settlement check is all you will ever ask for so be careful and make sure dh really is ok before you agree to that. You might need a lawyer if dh needs more care such as chiropractor or something. I'm sure you'll get lots of good advice- JFS is well versed and maybe she'll chime in- her dh is a lawyer and sadly they went through a pretty horrific accident a few years ago. I will say based on my friend's husband--do not accept a payout on the medical right away. You are not obligated to call it done until it is actually done. Like I said, he is still having therapy and recovering and it has probably been six months. He hired an attorney because they kept pressuring him to close the medical claim. Don't close it until you are sure he is 100% okay. 1 Quote Link to comment Share on other sites More sharing options...
zoobie Posted March 8, 2017 Share Posted March 8, 2017 Do not trust the other insurance company AT ALL. Honestly, talking to a knowledgeable lawyer would not be a waste of money IME. Attorneys for these cases work on contingent fee basis. You would not be charged for a consult. 2 Quote Link to comment Share on other sites More sharing options...
busymama7 Posted March 9, 2017 Author Share Posted March 9, 2017 Attorneys for these cases work on contingent fee basis. You would not be charged for a consult. Is this true even if we don't intend to sue? We just want medical bills covered and the bike replaced Quote Link to comment Share on other sites More sharing options...
ktgrok Posted March 9, 2017 Share Posted March 9, 2017 If they have a reputable company like Geico or Progressive you may not have any trouble at all. I was recently in an accident and the other driver had Geico and they went above and beyond to be sure I was okay, gave me more money than I expected, etc. 2 Quote Link to comment Share on other sites More sharing options...
zoobie Posted March 9, 2017 Share Posted March 9, 2017 Is this true even if we don't intend to sue? We just want medical bills covered and the bike replaced Yes. The attorney would get a contingent fee off the settlement. You may have to file suit to get that though. Insurance companies suck. They'll drag settlememt out and hope you miss the statute of limitations. Quote Link to comment Share on other sites More sharing options...
Annie G Posted March 9, 2017 Share Posted March 9, 2017 (edited) I'm surprised so many posters think this claim is not going to go smoothly for you. The vast majority of claims my friends have made have been easy, as have ours. I wouldn't rush to a lawyer just yet. Have you been able to find out if the driver was cited? ETA: it stinks that so many have had trouble with claims! That's SO wrong!!! Edited March 9, 2017 by Annie G Quote Link to comment Share on other sites More sharing options...
mamaraby Posted March 9, 2017 Share Posted March 9, 2017 (edited) If they have a reputable company like Geico or Progressive you may not have any trouble at all. I was recently in an accident and the other driver had Geico and they went above and beyond to be sure I was okay, gave me more money than I expected, etc.Eh. It would be wise to remember that the insurance company's first responsibility is to their shareholders, then to their insured, and then to you the claimant. It's not that they're necessarily out to do something shady, but they will, in fact, try and settle for the least amount of money possible. I worked for a "reputable" auto insurance company, but when it came to the big claims, even our casualty reps (the folks who handle the major BI claims) would have said that there was value to having an attorney. Your claims rep can be the nicest person in the world, but don't forget that you getting the best and fairest treatment is only a concern in so far as it aligns with the first two concerns. So, If there is an injury that requires medical treatment, in my state my first call is to my auto insurance so I can utilize my MP coverage as bills are incurred to take the pressure off settling any BI claims (and because my health insurance's subrogation policy language means they won't pay for treatment for which there is other coverage). If it's a minor claim, I might consider settling on my own after I allowed enough time just in case I need to further treatment. If it's a significant claim, I'd carefully consider a personal injury attorney. Not one of the ambulance chasers, though. I'd check with the law firm dh's union gets a deal with. If you or your dh has professional organization type contacts, I'd see if they had suggestions for an attorney. They shouldn't charge for the first consultation and they'll get payment out of your BI claim settlement if you choose to sign with them. ETA: Since I live in a comparative negligence state, I usually file the claim with my insurance because a percentage of my deductible is far less than the percentage of the total claim. And my advice isn't because I have had bad claims experiences (though American Family's rep really skunked the subrogation of my deductible because the rep sat on it instead of referring it out), but it's because I take a realistic view of just who the insurance company is really working for. Don't forget it's a business first. Edited March 9, 2017 by mamaraby Quote Link to comment Share on other sites More sharing options...
zejh Posted March 9, 2017 Share Posted March 9, 2017 My dh was hit by a cab while commuting on his bicycle, not seriously injured, but of course there were ER costs. It was definitely worth getting a lawyer, if for no other reason than not having to personally deal with the cab company plus our own health insurance. The lawyer we picked actually advertised doing bicycle cases, which is why we picked him (we got a lot of offers from law firms in the mail within days of the accident, but only one mentioned the word bicycle...) Our lawyer took a cut of our settlement, but it was well deserved, and we paid nothing up front. (And, as several have said, different states have different rules, which makes a lawyer all the more valuable.) Quote Link to comment Share on other sites More sharing options...
73349 Posted March 9, 2017 Share Posted March 9, 2017 If your area is like mine, you will not have to go looking for a lawyer or wait for the police to send the accident report. Lawyers will be sending you letters, some of them with a copy of the accident report, by Friday. Check your mail. Quote Link to comment Share on other sites More sharing options...
Lanny Posted March 9, 2017 Share Posted March 9, 2017 First, I am glad that your DH is (apparently) OK. That's THE most important thing. Secondly, I would NOT be in a hurry to settle this. There may be hidden injuries that you are unaware of at this time. If so, some of them may not show up immediately. BTDT. The driver of the Pickup hopefully had insurance that covers injuries to 3rd parties. In this case, your DH is the 3rd party. 2 Quote Link to comment Share on other sites More sharing options...
zoobie Posted March 9, 2017 Share Posted March 9, 2017 If your area is like mine, you will not have to go looking for a lawyer or wait for the police to send the accident report. Lawyers will be sending you letters, some of them with a copy of the accident report, by Friday. Check your mail. I would not use one of those. 2 Quote Link to comment Share on other sites More sharing options...
kiwik Posted March 11, 2017 Share Posted March 11, 2017 Here medical wouldn't come into it. but if a driver damages your vehicle or property you usually both go through your insurers and they talk to each other. So when I hit a car in a carpark I rang my insurance company and lodged a claim. I then rang the person I hit and gave them the claim number and they lodged a claim with their insurer giving them my claim number. After that the insurance companies deal with it. For a bike I would ring my my car insurer or contents insurer and ask advice about how to go about it. Quote Link to comment Share on other sites More sharing options...
meena Posted March 11, 2017 Share Posted March 11, 2017 Years ago, when I was pregnant with our first child, DH was pumping gas while I waited in the car. Someone drove past and hit the car and my husband. Thankfully it was nothing super serious, but our car was significantly damaged (door wouldn't shut properly) and we incurred medical bills. We ended up having to take the driver to small claims court to get his insurance company to settle the claim. It was such a pain and took much longer than it should have to resolve, especially for something so minor. We ended up having to drive about 4 or 5 hours round trip with our infant to go collect the check from the insurance company's regional office because they kept telling us the check was "in the mail" (you know what that means...sigh). To the OP--glad your DH is going to be okay. Bicycle accidents are scary! Hope you have a smoother experience than most have who have shared here. But definitely be prepared to fight and stay the course. Quote Link to comment Share on other sites More sharing options...
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