Bicycle accidents are extremely prevalent in San Diego and it is mostly because drivers are distracted and are not paying attention to the road. Bicycle accident injuries can have devastating outcomes for the riders. As a rider you absolutely love riding, and when an injury has been thrusted into your life unnaturally through absolutely no fault of your own, that can be extremely frustrating.
Cycling is an amazing sport, and to have that taken away from you for however slight of time, could have devastating emotional, mental and physical consequences. The last thing you want to deal with is the insurance company coming up with some wild theory that their insured was not at fault.
Depending on how the accident happened, it is not uncommon for the insurance company to not pay out on these claims right away. From our experience, when an insurance company knows that their potential exposure is high, they choose to fight that claim for a longer period of time. This is because, once a claim gets reported to an insurance company, depending on the severity of the injuries they need to set their “reserves.” The “reserves” is what they believe their exposure can be in the case. Once the “reserves” have been set, that money is taken out of the insurance companies operating accounts and placed in a different interest bearing account. So, the longer they drag the case out, even if they end up paying the entire amount of the reserve, which 9 out of 10 they don’t pay for a variety of reasons, they still end up making money on their money.
Nevertheless, these cases can take longer to resolve. However, having an experienced attorney on your side can help you get the most money in your pocket.
STEPS TO TAKE FOLLOWING YOUR BICYCLE ACCIDENT:
1. Preserve evidence of your route:
These days most cyclists have a GPS monitoring device on their bicycles. If you have one set up on your bike such as a Garmin or if you are keeping track from your apple watch or through strava, you definitely want to make sure that you preserve this evidence. This is important because it can have information on how fast you were going and where you began your trip and the location where the incident took place. This information could also become helpful later on if the insurance company is blaming you for the accident and there would be a need to hire accident reconstruction experts on your case.
2. Take photographs:
If you did not take any photos at the scene, you would want to go back the next day and make sure that you take photographs of the scene. This information is important to your claim or lawsuit to show where exactly the accident took place. Many times, insurance companies hire their own experts to change the area of impact so that they can place you at fault and not pay for damages. It is very crucial that you have this information.
3. Seek treatment:
Seek treatment for your injuries right away. If you are having difficulty looking for a doctor try to hire an attorney. Most attorneys have access to a list of providers and will be able to link you with the best doctors in town to make sure that you are taken care of.
4. Do not speak with the at fault parties insurance:
It is never a good idea to speak with the at-fault parties insurance company. This is because anything you say to them is being recorded, and will be used against you. This is not to say that what you are saying to them is not true. The reality is, they will try to twist your words or take them out of context to later deny your claim.
How We Can Help
We handle everything from talking to the insurance company and opening your claim, all the way to trial if need be. We do this so you can focus on getting back to your life and any treatment you may need. The last thing you would want to deal with is an insurance company representative not accepting responsibility for what the harm they have caused you. We do it all for you and we’re the best at what we do.
Common injuries we see in a San Diego Bicycle Accident
Frequently Asked Questions
What type of damages am I entitled to recover?
Depending on the circumstances you are entitled to recover damages for 1) past and future medical care; 2) Past and future pain and suffering; 3) past and future lost wages and 4) Property damage. In some rare instances, you may also be entitled to punitive damages if for example the person who caused the harm was intoxicated when the injuries producing event happened.
The insurance company is offering to settle my case for $10,000, should I settle?
No. Under no circumstance should you settle your case without having an attorney review the case. Insurance companies do not have your best interest in mind. Statistic shows claimant’s that have a personal injury lawyer prior to settling their claim on average receive four times as much than not having a personal injury lawyer. We strongly recommend that you contact a San Diego motorcycle accident lawyer prior to signing and accepting any offer.
We cannot stress how important it is that you hire the right personal injury law firm, that has the required resources to properly investigate, litigate and ultimately try these cases if need be.
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