WHAT TO DO IF YOU ARE IN A CRASH?
I have seen an article floating around some of the bike pages on the “What To Do If You Crash” topic. It’s pretty good, but lacking in a couple critical areas, I think…particulary for Ohio cyclists who crash and are injured when they are struck by a car.
Here’s a short list off the top of my head…
1. PROTECT YOURSELF – if you can move – move off the road, but BE CAREFUL… leave the bike and debris where it is – Do NOT MOVE ANYTHING on the road – DO NOT allow the car to move if possible – Tell the Driver the car needs to STAY until police arrive – yes, it’ll cause a back up of traffic, but once the scene is changed, evidence is destroyed and it can NEVER be re-done.
2. GET THE POLICE AND EMT’s to the scene
3. DO NOT REFUSE TREATMENT – Adrenaline is like Magic Fairy Dust – It makes you think you get up and go – It makes you ignore pain – it makes you think you might not be hurt -IGNORE the Adrenaline Rush & get yourself checked out – Let the EMTs do their thing – it is important for you to start creating a PAPER TRAIL so document your pain and wounds/injuries to the EMTs youtube videos chip. Your adrenaline rush will wear off at some point and pain may well set in. I had one client who rode away from a crash on bike then pedaled directly through the front doors of an Urgent Care when he realized his clavicle was fractured. I had another client who was wearing a helmet cam and when he got rear-ended he got knocked off the bike & his helmeted head hit the pavement. For the next 30 minutes he was talking to folks, telling them he wanted to go- thankfully he got whacked across the street from “Pill Hill”, a collection of hospitals in Cincinnati, and several doctors were eating lunch at Chipotle & saw the crash. They came out & kept him calm and in place. Later, he had NO MEMORY OF ANY OF THIS- Zero – Zip… the video kept playing though, so we could see what he saw and hear what he said… scary…
4. If you can, DOCUMENT THE SCENE. & ASK POLICE TO DO SO -Take photos photos and more photos – ASK POLICE TO TAKE PIX – Get the names of everyone – DO NOT ASSUME that if someone talks to the cops that their names will be recorded – they likely won’t play store kostenlos herunterladen. So ASK POLICE TO GET NAMES Police only corral witnesses in obvious “big” cases or when there’s a serious dispute over what happened- typically in severe/fatal crashes, but even then police can leave out critical information. In the run of the mill case in which one party is blatantly at fault they often talk to people confirm it, but then let them go. In a bigger case police will secure the scene, take measurements, document things on the ground…many LEOs will call in a special team of crash investigators in a big case…sometimes they try to do it themselves…
5. Do NOT refuse treatment – did I mention that above… oh yea… I wonder why?? Because it is SO IMPORTANT! Cyclists are hard-nosed, self-sufficient, don’t-tell-me-what-to-do, suck it up, get it done, to heck with a little pain, boot-strappers whose first question after returning to a state of quasi-consciousness is “How’s My Bike?? herunterladen?” Do not refuse treatment – get checked out – at the scene…and follow up at home… Do NOT MINIMIZE your pain –
6. Only Give a statement to police if you can do so – if you are suffering pain or have a head injury your view of what happened might be skewed – This is difficult to assess in real time- so Be SMART – Be Careful – Report ACCURATELY – Try to get Police to take photos – of your injuries- the scene – all vehicles.
7. GET THE OTHER DRIVER’S INFO –Do NOT leave without the other person’s contact info, the name of their insurer and a policy number preferably. Get a photo of her/his License & Insurance Card if you can.
8. Try to find out if the other driver was “working” at the time of the crash and get the name of the employer karaoke lieder kostenlos downloaden. Ask POLICE to do this. This could open up another level of insurance coverage to pay your claim.
9. DO NOT CALL THE OTHER DRIVER’S INSURER UNTIL YOU ARE FULLY PREPARED [as a lawyer representing cyclists I would say not until your LAWYER says it’s OK] – DO NOT simply “start an insurance claim” as the article I’ve seen floating around suggests. Again, do NOT simply call up the driver’s insurer and “report” the claim. This ought to be done after much thought – with much preparation. The initial communications with the insurer can be critically important. Having worked as in-house counsel for an insurer I know that insurers are required to set “reserves” on cases on Day 1 – as a lawyer for the victim I know that using the right language, the right buzz words, on Day 1 can cause the reserve to be set as high as possible. Getting this done well on Day 1 will set up a more favorable resolution on Day 100 or Day 700… Do NOT call the Insurer – Do NOT “give them a statement” – They’ll tell you – “Oh, it’s just a short statement – we need your story for our records blahblahblah” – Do NOT give them your Social Security Number.
10 microsoft outlook 2017 download free full version. Do NOT give out your AUTO INSURANCE INFO to doctors, hospitals and the like. They’ll certainly ask. In Ohio, anyway, your care providers have taken the approach of ignoring your health insurance and submitting claims to your auto insurance to try to tap into your “Medical Payments” coverage. Why? Well… MONEY of course… Your health insurer will only pay a percentage of the bill – maybe 50% or less – whatever the negotiated rate is. The hospital knows that your auto carrier may pay 100 Cents on the Dollar instead of the 50 or 60 cents they might get from your insurer – IF they are aggressive and get there first before any other care providers you may see… Whatever the E/R submits, up to your policy limits, may be paid by your Auto insurer with virtually no questions asked and WITHOUT YOUR KNOWLEDGE OR CONSENT excel 2017 for free german. Well… actually you DID consent-those forms you sign when you go to a hospital give the hospital the right to tap into ANY insurance it can find..I had one case where a guy had $10,000 in “Med Pay” – and we discovered that his auto insurer PAID ALL OF IT to the E/R facility without his knowledge or consent! YOU should remain in control of that money – you may need it to pay your deductible, or the 20% of the “80/20” policy that you owe. One of the first letters I write in a new case is to the Client’s Auto Insurer instructing the insurer to NOT pay MedPay to ANYONE without the client’s express written consent.
11. There are as many as 4 or 5 insurance policies which can be triggered at the moment of a crash – Your Health insurance, Auto Insurance, the other guy’s Auto insurance – the other guy’s Employer’s insurance, your HOMEOWNER’s insurance and any “umbrella” or excess coverage you may have. As I researched and wrote the “Insurance” chapter in “Bicycling and the Law” I dug deep into the relationships of all these carriers – it’s not pretty… I recently explored this topic here– Does your Homeowner’s Policy play a role here ie 11 herunterladen? What coverages in your AUTO policy may help you? Does YOUR Umbrella Have a HOLE In It? Read the piece and find out! Understand- these claims get COMPLICATED in a HURRY –
12. Ok, this one is directly from my Department of Shameless Self Promotion: IF you have a claim of ANY magnitude at all – disabling injuries, big bills, scars and wounds, fractures, serious out of pocket losses or wage loss, then CALL A GOOD LAWYER ASAP – EARLY in the game – BEFORE YOU TALK TO ANY INSURER – don’t go through the process yourself and then call a lawyer when it gets mucked up… If there is ANY suggestion that YOU were at fault, CALL A LAWYER. This comes up in almost EVERY “bike” case – Why? Because “Bike Laws” are rarely reviewed by insurers, and not understood. My clients tend to be folks who ride a lot and KNOW what they’re doing but find Insurance Adjustors claiming they did something wrong. CALL A LAWYER here für android herunterladen. How do you know if you have a “small” claim? Tough to say – minor injuries which heal quickly and no complications. Clear liability. Nice adjustor who wants to give away some money and finish the claim… For all the rest, you’re likely going to need counsel.
13. GET MY FREE CRASH CARD – Send me an Email [BikeLawyer@me.com] and I’ll send you 10-100-1000+ of my Bike Law/Art Cards. Give them to your riding buddies – stick them in your kids’ stockings at Christmas. Give them as Valentine’s Day gifts, Birthday gifts… pass them out at Rides or Events. Read the card – Very HELPFUL stuff… and Did I mention it was FREE
14 video van rtl xl downloaden. GET MY FREE BIKE LAW CARD Send me an Email and I’ll send you 10-100-1000+ of my Bike Law/Art Cards. Keep ’em handy – you never know when they’ll come in handy. I designed these cards with a groovy nostalgic image on the front and some detailed Bike Law data on the back. The idea is that if a police officer stops you and, say, tells you you’re not allowed to ride on the road you can whip out the Bike Law/Art card, take a look at the Nostalgic Bike to enter a CALM place, and then flip the card over and show the officer the proper Ohio Revised Code Section that says bicycles may not be banned from riding on Ohio’s roads! I know there is at least one YouTube video out there in which the card was successfully used in this fashion!
15. Keep track of EVERYTHING! Every document relating to your injuries is important. The EOB’s from your insurer- the bills – your payment of the bills – photos – your bike – your helmet and bloody clothes… keep EVERYTHING – The Ohio Supreme Court, in its infinite wisdom, changed the rules for ALL injury claims in which health insurance is involved herunterladen. It made our jobs of representing you far more difficult, and helped tamp down the value of claims. The Ohio Supreme Court gave the person that HIT you a huge advantage by allowing that person & her/his insurer the right to find out if you have insurance and what your insurance paid. Prior to this case, I would introduce the FULL AMOUNT of your actual BILLS – say $10,000 – and the jury would start there and go up. Now, I can still do that but the insurer/defense is allowed to say “Hold on, sure $10,000 was billed, but the doctors & hospitals agreed to accept a lot less as full payment – only $6,000” The jury is supposed to figure out what to do that that. Our Court now requires you [and me] to keep track of your insurance payments, your insurance policy terms, all the “write offs” your health insurance makes, your share of the bills, your deductible and more… it’s crazy…
16. TAKE LOTS AND LOTS OF GOOD Photos – Get GOOD photos of wounds, scars, bloody goopy stuff… hospital shots are fantastic [in the crazy little world I work in]. But GOOD photos – did I mention that the photos have to be GOOD – I cannot TELL you how many times I’ve received an envelope of photos…out of focus photos … of fleshy blobs… with no possible way to tell WHO it is… or WHAT body part was in the photo… Today’s phones are amazing and can take pretty decent photos – but for a bigger case I’m talking about pro quality photos – images that will help sell the case – I have invested heavily in high end Canon camera gear and shoot a LOT of photos in my cases – I’ve got wide angle lenses, close up lenses, flashes and a tripod. I’ve got props that measure wounds, backgrounds and high end f1.2 lenses that take gorgeous photos of gory stuff… I usually shoot 100 or so photos in every case… the scene – the property damage – the bike, jersey, shoes, helmet, gloves – and then the wounds and scars…
So There you go – my Top Ten …errr… Sixteen Things to do or think about after you crash… This is the tiny tippy top of the iceberg of To Do’s in a typical bike crash case… I could write a book, oh wait I AM writing a book on each one… For now YOU should be aware that while a crash can be complicated & messy, so can the post-crash shenanigans pulled by insurers… PROTECT YOURSELF …
Stay Safe and Keep On Riding!