Visitor Question

Bicyclist hit by a taxi cab failing to yield the right of way…

Submitted By: Maddie (Maine)

I was on my bicycle traveling through an intersection on a green light. A taxi cab made a left turn directly in front of me. I took evasive action but was not able to avoid a collision. The driver was cited for failure to yield right of way.

I had a broken right wrist (I am right handed), broken metacarpal, and broken collarbone on the left side.

I was taken to the hospital in an ambulance, had surgery on the wrist and was in the hospital for two days. I wasn’t able to drive for eight weeks. It is about ten weeks out now. The insurance company has been paying the medical bills and has paid out for my property claim on my bike.

I am doing well in my recovery, with physical therapy for my left shoulder, back and wrist. The collarbone healed displaced, resulting in a large permanent bump, and my wrist is scarred on the inside (about 5 inches). I am an avid cyclist and do not yet know if my injuries will affect my ability to continue this pastime.

What do I demand to settle this case? Is there anything I should be careful of in dealing with the insurance company? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Maddie,

Before attempting to answer your question you should know your best interests will not be served by representing yourself. You don’t have to be told how serious your injuries are. In serious injury cases like yours, the stakes are too high to risk your compensation on inexperience.

Insurance companies almost never pay victims what they deserve. They may act compassionate, but you can believe they really don’t care about you as much as they care about paying out the smallest amount possible.

Insurance companies know victims who aren’t represented by attorneys have no leverage. The victim may argue, cajole and threaten, but without an attorney, the company knows the victim’s threats are at best, hollow.

With an attorney, you have the upper hand. An experienced personal injury attorney has substantial leverage in that they’re able to file lawsuits in higher courts. In almost all cases, experienced attorneys can secure settlements well above the amount a victim can get representing him or herself.

And the settlement your attorney can secure will almost certainly also result in a substantially higher net settlement amount to you, even after the attorney’s fees are taken out.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 27, 2014

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