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I was in a bike accident with a car that pulled out into my path. In taking evasive action, I fell, suffering only minor injuries, but my bike was badly damaged. Is there something an attorney can do for me that I cannot just do on my own with the insurance adjustor?
Even seemingly minor injuries (i.e., road burn or scrapes) can interfere with your normal functioning. Though you are anxious to settle as soon as possible, a mistake that is often made is to settle prematurely before you know the full extent of your injury. For instance, though you have minor abrasions and muscle spasms from your fall and take hot baths now, you may learn in several months that you have back problems. But if you had settled your injury, you cannot later seek further compensation for the back problem.
For the damage to your bike, it is fairly straightforward, depending on the type of insurance coverage and on the bike’s value. You are entitled to compensation: if your bike was completely wrecked, your reimbursement is set at the fair market value of the property immediately before its loss; if it still can be repaired, your reimbursement is the cost to repair it. If you are partially at fault, your settlement claim is usually reduced.
It is not up to the adjustor to provide the best settlement. You get what you negotiate. The truth is that the bigger the medical bills, the higher the settlement value and the more seriously the insurance company will take you. So if your bike is totaled or significantly damaged, the adjuster is probably expecting to see bills for medical treatment.
If the injuries are minor (no or minimal treatment) and the fault for the accident is not in dispute, your can try to work with the adjuster directly to settle your claim. However, if your negotiations are not going smoothly on either the property damage claim or the claim for bodily injuries, or liability (fault) is unclear or in dispute, there is no advantage for you waiting for the adjuster to respond. Contact an attorney and discuss your claim. Be upfront; ask the lawyer if it is worth his or her time or should you try to settle it on your own. If they say settle, they may be happy to give you recommendations on what you can do to maximize the settlement.
Finally if you cannot afford to lay the money out and do not have any coverage, an attorney will arrange for the medical bills to be deferred until a settlement is reached. |
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