Personal injury insurance payout?

June 29, 2009 4:02 PM

I just got hit by a car while on my bicycle, and it was the insured drives fault. My only major injury is a broken rib. What kind of payout for personal injury should I expect? State Farm fwiw
posted by hllclmbr to work & money (14 comments total)

This will depend on your jurisdiction, what your losses are (medical bills, missed work, etc.), and what the policy limits are. If you mean "pain and suffering" type damages, you should consult a lawyer who specializes in this area of law. Most injury lawyers give free consultations. If you know any lawyers, ask them who to call. (Don't just open the phone book, that's a terrible way to find a lawyer)
posted by AV at 4:24 PM on June 29 [1 favorite]

What AV said. Your injury seems pretty minor, so don't go looking for a payday. Insurance isn't intended to make you rich, just put you back the way you were before. If you want more than compensation for your medical expenses, talk to an attorney.
posted by valkyryn at 4:30 PM on June 29

Based on your three-sentence description, impossible to say. Anyone who pipes up here with a figure should be disregarded. Only a lawyer you have hired to take your case can give you a ballpark figure.

A bit of advice -- get pictures of the damaged bike, and get pictures of any visible physical injuries you sustained.

The Nolo Press book, How to Win Your Personal Injury Claim, actually has some pretty good advice and goes into some depth in how to value your case based on the kind of injury you sustained. It's aimed at people who are trying to settle their personal injury claim with adjusters, without hiring an attorney (something I don't recommend, but some people do it). But the info on valuing your case is solid.
posted by jayder at 4:32 PM on June 29

get a lawyer
posted by patnok at 5:05 PM on June 29

Get a lawyer.

That being said, here are some things my lawyer told me to take into account:

-- medical bills
-- property losses (ie: not just the bike, but your helmet. Were your pants destroyed? Jacket damaged?)
-- Lost time from work
-- Transportation costs (ie: do you need to take a cab?)

Be sure to document everything (if you have lots of bumps and bruises, take photos). Then, talk to a good personal injury lawyer -- who is probably not the one in the phone book.
posted by anastasiav at 5:27 PM on June 29

I've been hit by a car on my bike three times (one of them was a hit-and-run though), and the drivers were at fault all three times. My Blue Cross Blue Shield medical insurance payed for all the medical costs, including ambulance rides, CAT scans and even elective reconstructive plastic surgery to remove a scar underneath my eye. Nobody got sued: I didn't think it was worth, it in my case, but it may just be that I am from a different culture. Do you have medical insurance? If so, you may not have to deal with State Farm at all in the first place.
posted by halogen at 6:44 PM on June 29

My Blue Cross Blue Shield medical insurance payed for all the medical costs, including ambulance rides, CAT scans and even elective reconstructive plastic surgery to remove a scar underneath my eye. Nobody got sued

Just as a counterpoint; in my recent accident (car vs. scooter, I was the scooter) my insurance company sent me a form that asked me how I had been injured. Once they were aware that my injuries were the result of a motor vehicle accident, they wanted their costs reimbursed - either by me or by the other driver's insurance company. halogen, I think its likely that in your case that somebody got sued; perhaps you just weren't aware of it.
posted by anastasiav at 7:04 PM on June 29

I'm sorry you got hit, that really sucks. I hope the driver feels terrible and takes responsibility for their actions.

I would recommend the book Urban Bikers' Tricks & Tips. It has a brief guide on steps to take after being hit on your bike, including a simple letter template to send to the insurance company if you want to try and do it yourself. Amazon's look inside feature will show you the relevant pages (starts around 130).

Good luck!
posted by Chrishartley at 7:04 PM on June 29

anastasiav, my insurance company never contacted me to get the other drivers' information, and I imagine that all emergency room reports clearly stated that I had been in an accident (I wasn't conscious, so I don't know for sure). They definitely knew I had been hit by a car on my bike when I had surgery, but that was the hit-and-run.
posted by halogen at 8:11 PM on June 29

A friend of mine was recently in a similar situation, and I gave him the same advice I give my law library patrons. Most bar associations have a lawyer referral hotline. You call in, pay $30 or so, speak with the volunteer attorneys on the line, and they get you an appointment with an attorney who practices personal injury (or whatever specialty required). For the $30 or so you paid, you get a consultation (30 min-1 hr.), where the attorney can brief you on what to expect re damages, and answer your initial questions. You are in no way required to hire the attorney, but may choose to do so. Just bring any/all relevant documents with you.

My friend didn't end up hiring the attorney, but said he found the consultation extremely helpful in clarifying his options and probable outcomes. It can be most beneficial to speak with a non-insurance advocate, and my friend would definitely tell me if it wasn't worth the time and small investment. Good luck!
posted by LolaCola at 8:41 PM on June 29 [1 favorite]

I got hit on my bike a couple of years ago. I was completely stationary, waiting to make a left turn, and a guy went around too close on my right side. He avoided hitting me with his car, but the boat trailer he was pulling smashed into the back of my bike and my right leg, so there really wasn't any question of fault. We called the police, got a report, and then I limped home leaning on my bike.

His insurance company seemed very willing to make a deal so I did not get a lawyer. I had my bike shop look at the bike and document damages and my doctor look at me and do the same. I was badly bruised, but no broken bones. The main thing is that the accident had aggravated a strained muscle that I had gotten crashing in a race months earlier and had been working trough in physical therapy. His insurance ended up paying for a couple extra months of physical therapy and a little bit just to compensate me for the trouble.

My bike was carbon fiber and although it looked ok and was rideable, there were some indications that the carbon was compromised in a few places. Together with a mechanic at my shop we persuaded the insurance that it would be better just to replace the bike now than it would for me to sue later when the bike catastrophically failed while I was out riding, causing me more serious injuries. So they paid for a new bike as well.

Like I said, I did this all without a lawyer, but I did take my time, got everything carefully documented, and made sure I never agreed to anything I didn't like. Honestly, I think the case was so clear cut that his insurance company was just glad they weren't facing a real lawsuit, which, of course, would have been much more expensive. All I wanted was to make sure someone other than me paid for treatment for the injuries and that I had a bike that wasn't going to break into pieces while I was going 45 mph down a hill.

Anyway, the point of this long story is that, depending on what you're looking for, you really might be able to work something out with the insurance company. You can always see what they're willing to give you and then, if you're not happy with the settlement, hire a lawyer in a few weeks. (Just don't sign anything first!)

Check out bicyclelaw.com. Bob Mionske, who runs it, is a former professional cyclist who's now a lawyer focusing specifically on cycling and the law. He's got some good resources on the site and you can, if you want, probably even hire him to be your lawyer.
posted by dseaton at 11:05 PM on June 29

IANAL/TINLA.

My attorney (after my recent car accident) has explained special damages to me. Special damages include all the doctors' visits, lost earnings because you can't go to work, etc. Here's the Wiki article.

Insurance companies judge the severity of your injuries on doctor's visits and such, so if something happens and you start feeling worse, go to the doctor. Get a receipt and save it.

Also, start keeping a diary of your pain immediately. Write down the date, time, what hurts (e.g. "lower left chest" or "right wrist"), what kind of pain (shooting, stabbing, aching) and rate your pain on a scale of 1-10, with 10 being the worst possible pain you can imagine. If the doctor has prescribed you pain relievers, or if you take Advil or another OTC med on your own, record what time you take them as well with the above pain ratings, especially if they're "as needed."

If you have any visible bruises or scrapes or scratches, take pictures (or have a friend take the pics) immediately. Not with a crappy cell phone cam - use a good-quality digital camera or if you have to, a disposable film camera. If your bruises get worse as days go by or new bruises show up, take new pics every day. (This happened to me - my seatbelt bruise was its largest and darkest at day 5.) Be sure to label each picture with the day it was taken. Memorize the date the accident happened because you're going to get asked that a lot - at every doctor's appointment, at the least.

My doctor and my lawyer advised me not to rush into any settlements. My doctor specifically said do not settle before 3 months has passed, because only after 3 months he would be fairly certain that no new injuries would pop up. Your doctor may tell you 6 months, who knows.

Do not talk to the driver's insurance company yourself if you are getting a lawyer. Your lawyer will handle that. Especially don't make any recorded statements about the accident. If they call and ask how you're doing, don't say "fine" or "getting better" - refer them to your attorney.

It may be wise to remind your friends and family that if a private investigator should call them (one did in my case even though I have a police officer who saw the crash and 2 witnesses at the scene who said the accident was not my fault), they do not have to talk to them. Just because someone calls you and asks you questions does not mean you have to answer them. This P.I. was calling people asking about my driving and if I was on any medications. Everyone thinks they're being helpful (oh she's a very careful driver) but I'd rather they just not talk to the person at all. I can only hope no one said anything that could hurt my case, even inadvertently.
posted by IndigoRain at 12:00 AM on June 30

Counter to all of the advice above: do not get a lawyer unless you really really need one. They will take a good chunk of your final settlement. I was involved in an accident and a friend of mine who is a lawyer told me to handle it yourself if at all possible. He gave me a few tips:

1 - Treat your injuries as if you did this yourself. If you need to go then go. This means do not go to the doctor to try and run up the bill. Also save all expenses.

2 - Document your injuries. Take pictures and such. Have all of this in a save place.

3 - In most places you will have a year after the accident to settle any claims out of court. However when your year is almost up you will need to file with the court. Get a lawyer at this point if it makes it that far.

4 - After your doctor gives you a clean bill of health or says that you are as good as you are going to get then you can start talking to the insurance company. I would not talk to them beforehand. Remember when dealing with them, they are not your friends. Be respectful but firm. If they try to get you to settle before your doctor releases you, tell them that you are still under your doctor's care and will contact them when you are released.

5 - In order to figure out your settlement value add all of your personal injury/losses and multiple them by 3. Make this the bare minimum you are willing to accept as your settlement. Also resist the urge to high ball them. This will do nothing. They will sit on their hands and wait for you to reduce your amount.

6 - Look at their first offer, if it is near your times 3 number then I would accept it. They are dealing with you fairly.

7 - If they are being unreasonable with you, Eg low balling you on the amount (use the times 3 method above to see what is reasonable), not giving you enough to cover your bills, etc... get a lawyer. Sorry but you are not good enough for major league ball at this point.

8 - Finally, this is just some personal advice, get those $$$ signs out of your eyes. You are not going to be a millionaire off of this. Your goal is to be compensated for your bills, and a little for pain and suffering.

9 - PS I would go to a bookstore and look for a book that deals with winning a lawsuit without a lawyer. I bought one and read the whole thing. It helped me out a lot. Like I said above I did not have to hire a lawyer and it saved me $1,000s. I forget the title. If I find it I will memail you.

Good luck... focus on getting better right now.
posted by Mastercheddaar at 7:45 AM on June 30

Um, this person is not sounding greedy or like he has dollar signs in his eyes. Nor has anyone in this thread suggested he go to the doctor just to run up the bills. And finally, consulting a lawyer is a VERY good idea. Taking a big chunk of the settlement? Around here, it's about 30% unless it goes to court, then it's 40%.
posted by IndigoRain at 9:53 PM on July 1