Get Information at the Accident Scene:
Although you may be injured and incapacitated at the accident
scene, that is your only chance to identify the motorist who
hit you and the witness[s] . After the ambulance takes you away,
you will never get another chance to get a license plate number,
name and address of the driver, or witness name or address.
It is not uncommon for the police officers to fail to get this
information after the victim has left the scene. Ask someone
to write down the tag number and their own information and give
it to you, or put it in you pocket.
Please spread the word to other bicyclists that they should
request that this information, license plate number and driver/owner
name and address be handed to them, in writing, before they
leave in the ambulance.
Insurance Coverages and
Benefits Available:
Hit and Run Accidents:
Uninsured Motorist Coverage
The
optional “Uninsured Motorist Coverage” will cover damages
caused by the hit and run or uninsured driver. Cyclists are
often the victims of hit and run drivers or cars with no insurance.
Sometimes we are run off the road and either the car never
touched us nor we cannot identify the car. By reporting the
accident as soon as practicable to the police, we preserve
our right to collect damages for our injuries.
A policy I reviewed recently provides $1,000,000 coverage
of this type protection for $66 per year.
Underinsured Motorist Coverage
This optional coverage steps in to compensate the victim when
the negligent motorist has minimal/bare bones coverage; inadequate
to cover the victim’s damages. Also very inexpensive.
Definition of Motor Vehicle Accident
> The motor vehicle need not actually hit the cyclist; being
run off the road without actual contact satisfies the definition
of motor vehicle accident. [Note: provided you report the accident
to the police as soon as you are able, even if you do not have
a tag/license plate # to identify the car].
Victims with No Auto Insurance in their Household
A special pool of insurance benefits protects
these victims of uninsured and hit and run drivers. They are
eligible to recover medical bills plus damages.
Medical Benefits
Every motor vehicle insurance policy carries a minimum of $5,000
in medical benefits. A cyclist injured in an auto accident is
eligible to have his ambulance, hospital, medical, chiropractic,
physical therapy, prescription bills, etc. paid by this coverage,
regardless of fault.
Wage Loss Coverage
Wage loss coverage is optional and inexpensive.
You must request it specifically.
Cyclists can take simple, inexpensive
steps to preserve their rights, by communicating with their
insurance agents and family members.
Call me with any questions,
or to review your insurance policy.
If it is too late, I will
help you apply for and collect benefits and damages.
Frequently
Asked Questions
Q: How soon after my bicycle accident should I call you?
A: Call me as soon
as you are able. Do no give a recorded interview until you
have spoken to me. Tell the insurance interviewer you will
call them back and get a name and number. I make a point of
returning all calls and e-mails promptly. If you have been
injured in a bicycle accident you need to know right away
what insurance coverage is in place to cover your medical
expenses and lost wages.
Q: How do I pay your legal fees?
A: I handle bike accidents
and all other personal injury cases on a contingency fee basis.
This means YOU DO NOT OWE ME A LEGAL FEE UNLESS I RECOVER
MONEY FOR YOU. I do not ask for any attorney fees upfront.
If there is no recovery there is no fee.
Q: Will I have to pay the any
up front expenses?
A: No. I advance all
costs associated with your case. I never ask you for a penny
until we recover from the at fault party.
Q: Can I recover even if the
motorist never hit me?
A: Yes. Many people
are under the misconception that there has to be physical
contact between a cyclist and a motor vehicle for the motorist
to be liable. This is not true. There are many situations
where cyclists are injured when they take evasive action to
avoid being hit, and crash as a result. The motorist can still
be held liable if their negligence required the cyclist to
take the evasive action.
Q: Can I recover if the other
driver had no insurance?
A: Yes. Pennsylvania
auto insurance policies provide $5,000 in medical bill coverage
if a bicyclist is hit by a car.
Pennsylvania law also provides $15,000 in benefits even if
you are the victim of a hit and run accident and have no insurance
of your own.
Your own insurance policy might also provide substantial coverage
and benefits for a hit and run accident or for damages caused
by a driver with no insurance. This means that you can recover
money for your medical bills even if the other driver had
no insurance or was never identified. Read the info at the
end of this Q and A for important details about your rights
under Pennsylvania Insurance Law.
Q: Does my auto insurance cover
accidents when I am on my bike?
A: Yes, your Pennsylvania
auto policy will cover your medical bills if you are injured
in a bicycle accident or while on foot. Your auto insurance
might also cover your lost wages and pain and suffering depending
upon the coverage on your policy.
Q: How do I know if I have a
good bicycle accident claim?
A: You need to contact
me and we can discuss your case. My consultation on a personal
injury case is always free.
Q: Should I accept the offer
that the car insurance company has given me?
A: Oftentimes I can
get insurance companies to substantially increase the amount
of their settlement offer. If you have already received an
offer for your injuries, contact me and I will let you know
if I think it is a fair offer. I will not charge you for this
consultation. If I do not beat their original offer to you,
I will not charge you a fee.
Q: How long does it take to
settle most bicycle accident and personal injury cases?
A: It depends on the
nature of your personal injury claim. I have settled smaller
claims for the full amount my client wanted within 10 days
and I have settled policy limits cases in as little as a few
months.
Larger personal injury cases typically take longer to settle,
but I aggressively prosecute your case and get even the largest
and most complicated cases to court in less than 1 year.
Q: Will pursuing
my case take up a lot of my time?
A: No. Oftentimes I
only meet with clients for the initial interview and then
we can just talk over the phone. If we do have to go to court,
it will take more time. I realize your time is important,
so I don’t waste it.
Q: Will I have to go to trial?
A: The vast majority
of bicycle collision and personal injury cases don’t go to
trial. However, I treat each case as if it is going to be
a trial, as you have to be willing to go to trial to maximize
your settlement.
Q: Why is it so important to
hire an experienced Pennsylvania trial attorney?
A: Most bicycle injury
accidents and personal injury cases settle before trial, but
you want to maximize your settlement. If you hire an Pennsylvania
attorney who has little trial experience, oftentimes they
will be afraid to go to trial. Insurance companies know who
these lawyers are, and they oftentimes offer them less than
the case is worth. I have 20 years of courtroom experience
and I have tried hundreds of cases. I win in the courtroom
and I will not advise you to settle for less than your case
is worth.
Q: Do I need a Pennsylvania
lawyer?
A: In order to settle
your bike accident case you will have to deal with insurance
companies. Their goal is to pay you as little as you will
take. It is tough for someone who is not familiar with bicycle
accident cases to know what a fair settlement amount is. An
experienced Pennsylvania bicycle accident attorney can help
you to determine that amount and reach a fair settlement.
Q: What types of Pennsylvania
accident cases do you handle?
A: I handle all types
of Pennsylvania personal injury, wrongful death and products
liability cases, including: crashes and collisions involving
bikes, and motorcycles.
Q: What parts of Pennsylvania
do you handle cases in?
A: Although I am located
in Philadelphia, Pennsylvania, I will handle take cases throughout
the state of Pennsylvania including the following counties:
Counties:
Philadelphia, Montgomery, Delaware, Bucks,
Chester, Carbon, Berks, Dauphin, Lebanon, Lehigh, Centre.
I will get you an experienced bicycle attorney in all other
counties.
Injured
outside of Pennsylvania?
If
you were injured in New Jersey or Delaware,
please contact
me.
I am associated with experienced bicycle lawyers in those
States and will work with them on your case. |
