cyclist hit by car that failed to yield right-of-way

[tdxloki]

What is the name of your state? NY

While riding my bike I was hit by a car that failed to yield the right-of-way while making a left turn. The driver was ticked and admitted to police and me that he was at fault. I was transported to the ER but escaped with no broken bones or concussion: plenty of bruises but no scarring. I had a CT scan and about a dozen X-rays. I contacted a lawyer. My injuries currently do not exceed threshold so I cannot bring a lawsuit.

Besides covering medical and time missed from work (which they already agree to do), is it likely his insurance company will offer some money for pain, suffering, and inconvenience?

If they do, how do they compute the amount?

How do I compute what is fair for me?

Thanks for any help.

 

[moburkes]

How will they compute it? I'm not sure. I don't know what formula they will use?

Hire a PI attorney to compute it for you.

 

[ecmst12]

There is no formula and they will probably not offer anything, you will have to ask. Figure out your lost wages and come up with an amount that seems fair to you. They should also pay your medical bills and property damage (I assume your bike was wrecked). But as far as the amount for pain and suffering, that's very subjective and negotiable. Did you undergo medical treatment other than the ER visit and testing? Physical therapy/chiropractor? Medications? The length of treatment will affect your settlement offer - shorter treatments, in the insurance world, equate to less pain and inconvenience, so less money will be offered. But it's not an exact science. Unfortunately since you say you can't sue, your leverage to negotiate will be minimal, but hopefully you will be able to work something out with the driver's insurance.

 

[tdxloki]

lawyer possible

Thanks moburkes and ecmst12 for the replies.

The lawyer suggested in a letter that I contact them if my injuries persist beyond 90 days.

There is no formula and they will probably not offer anything, you will have to ask. Figure out your lost wages and come up with an amount that seems fair to you. They should also pay your medical bills and property damage (I assume your bike was wrecked).

They will cover lost wages. I missed work for about 5 days.

The bike was wrecked. The insurance company seems cooperative about the property damage: replacement value. Messages in this forum indicate that maybe be outside the norm. So I feel fortunate for their potential agreement with replacement value (I'll tell you after I cash the check)

Would the equivalent of the medical bills seem reasonable: a couple thousand?

But as far as the amount for pain and suffering, that's very subjective and negotiable. Did you undergo medical treatment other than the ER visit and testing? Physical therapy/chiropractor? Medications?

I went to a doctor (general practitioner). He said I had vertigo from fluid in my ears but did not think I needed to be rushed to a neurologist.

The length of treatment will affect your settlement offer - shorter treatments, in the insurance world, equate to less pain and inconvenience, so less money will be offered. But it's not an exact science. Unfortunately since you say you can't sue, your leverage to negotiate will be minimal, but hopefully you will be able to work something out with the driver's insurance.

I know I was not hurt too bad; I am thankful for that but, the whole ordeal has be an inconvenience and I have felt pain. I'm not sure that I suffered but I did feel pain. I do think about the accident. The guy only had to look before making a left turn and I would not have been struck. I would feel better about the whole situation if they offered me some money.

Thanks again for the responses.

 

[ecmst12]

You can ask for a couple thousand but don't be surprised if they don't want to give you that much based on an ER visit, one doctor visit, and some testing. They also may say that since your doctor said the vertigo was from fluid in your ears, it's not related to the accident. But they are being generous with your property damage claim so you never know.