Friday, August 27, 2010

Looking for legal advice

I was hit by a car earlier tonight at 40+ km/h on 4 st NW near my home. The driver fled the scene but witnesses got a partial license plate and the police tracked the driver down and charged him with hit and run.

Not sure what to do... get an injury lawyer? Call his car insurance company? I'm not sure my auto insurance would be involved because I was on my bicycle. The police gave me a file number for the collision report. The bike looks alright but I'm worried it might have some cracks in the frame. I spent the evening in the foothills hospital and just got home now... luckily no broken bones this time but extra road rash on my legs, arms and face to add to my collection.

16 comments:

Darcy G said...

Dennis,

If I was in your shoes, I'd consult with a lawyer first. You'll probably have grounds for a civil lawsuit for personal damages.

That stinks, man. I hope you heal up soon!

Darcy

polishbaba said...

You will likely be requiring some type of therapy for potential injuiries and this will be accessed through your medical plan. What happens is that you are allowed so many visits under Alberta Health for free because of the accident and after that if you do not have coverage it will be paid by the other guys insurance.

Yes- you need to get a lawyer. I can give you the name of the lawyer I use. She is good. Regardless, you are in for a lengthy process if you have sustained other injuries than you have described. The bike, clothes, etc will be paid by his insurance company and likely as soon as you submit the damages. Insurance companies view soft tissue injury rubish due to the number of people who claim whiplash. However, you were hit and may not know that you have sustained some other injuries for a while. You will need to enter the legal process if this is the case because if you need treatment you will run out of coverage both from the AHC and your own plan, This means making a Statement of Claim which is where the lawyer comes in. You have two years to make this claim.

Sandra

cyclingphysio said...

Hey Dennis that sucks. I've worked with quite a few lawyers and car crashes (I'm a physio). Gary Frank at The Frank Law Office is one of the best. He has many years of personal injury law, especially in motor vehicle collisions. He's a great guy and not an ambulance chaser. Call him tell him I sent you (Dave Holmes) and he'll give you some guidance on what to do without charging you. He'll also tell you if you don't need a lawyer which is rare!!

Heal quickly my man.
dave

Clarke E said...

I was hit last November, but luckily the driver stayed at the scene, admitted fault and gave me all of her info.

As far as I know, you have no need to involve your insurance company. With only soft tissue injury, their insurance should cover all material damages as well as the physio/massage/chiro that you need (I think up to 21 treatments combined). They will also give you a pain and suffering settlement with a maximum of $4500, but don't settle until your physio or whoever is finished all treatments and gives you their report which either you or the physio passes on to the insurance company. If you have any broken bones you could probably get quite a bit more.

I consulted with a lawyer over the phone and got some advice, but did not actually hire one. In your case with the hit and run you might be able to get more out of it and might need a lawyer, I'm not sure on that.

Get a quote from a bike shop on the damages to your bike, I ended up getting a full replacement. Also make sure they pay for replacements for any damaged clothing, bike accessories, a new helmet etc.

God luck with this and a speedy recovery.

mikehealy said...

You are getting good advice Dennis. You won't know for a while the extent of your injuries. I would be happy to go into all the details of my experience with insurance companies, lawyers and the system from my accident 30 months ago which is not settled yet. Give me a call at work any time 444 7546.

Dennis said...
This comment has been removed by the author.
mikehealy said...

Your lawyer will tell you not to blog about the details and your condition very much. You might want to remove some of the details.

Reinier said...

As a year-round cyclo-commuter, these stories really infuriate me.
With all the bad press about cyclists riding on "bike paths" and mowing down harmless pedestrians, this kind of event should also be brought to the public.

Isn't this vehicular assault, or does such a law not exist in Canada?

Mark said...

Hey Dennis, I can't imagine what's going on in this guy's head who did this. At least they caught him.

Take it easy and hope you heal up soon...

Mark J

David said...

Heal up quick man. Don't let the driver get away with this shit.

Mike said...

Dennis,
I am really sorry to hear about this. Take care of yourself

Mike H

Dennis said...

Thanks everyone for your kind thoughts - it really brightens my day!

Rick C said...

No figuring some people, they seem to have senseless inner rage that may have come from something entirely unrelated.

As a cyclist, I try to be courteous (on the outside) no matter how big the arsehole. It can only help the next time that person encounters a cyclist - maybe they won't do something crazy like this.

Take care Dennis. Glad to hear you aren't badly hurt. You were riding great.

Jevon Almond said...

http://www.cyclingnews.com/news/road-rage-doctor-sentenced-to-five-years-in-prison

Hey Dennis,

Here is a valuable link Trev posted earlier this year if you haven't read it already.

Don't allow your easy going personality to be lenient towards his rage. Give him the justice he deserves.

glad to hear your still with us.

Dave_P said...

Dennis, I am a lawyer, although mostly I act for insurance companies. I would be happy to give you advice if you feel you need it.
David Pick (Team Niklas)

Andrew Lloyd said...

Dennis, it never hurts to consult a lawyer in cases such as this. The sooner the legal paperwork is sorted out, the faster the case will be resolved. This is not a job for an ordinary man and attorneys are willing to help to file paperwork.
Andrew Lloyd @ CWCLawFirm.com

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