Hit by uninsured motorist

[phryas]

Here are a few questions regarding a recent accident caused by an uninsured motorist. I was the cyclist.
FYI: Motorist was ticketed by DC police, but has been found (by me making calls) to have no insurance, though DC police couldn’t care less about this.
Injuries were minor, some medical bills, and some bike repair bills. All in all, a lucky escape, but I want my bills and repairs paid for.

Should I
a) Sue the driver? (he’s probably got no money anyway, and I am not badly injured)
b) Claim against my own car insurance under “uninsured motorist coverage”? This also covers me as a cyclist/pedestrian

or both?

Also, I know there is a DC fund for such events, but only if your own coverage does not pay out, and only for medical bills, not property damage.

Thanks!

[rcannon100]

You should probably consult an attorney. One option is to talk to Bruce Deming who recently wrote a book on what to do when you have a bicycle accident.

[ebubar]

Glad you’re okay! I’d agree that you should consult an attorney as well.

[KLizotte]

Very happy to hear you are ok. If you are talking less than $1,000 I’d say most money would go to attorney fees unless there is a way to do it on the cheap through small claims court. If your car insurance will cover everything, I’d go that route and be thankful it wasn’t worse. Not at all fair the other driver gets off cheap but such is life. Sadly, he or she is probably still driving. *sigh*

A quick call to Bruce Deming would be worthwhile though. He is a cyclist and a lawyer.

[phryas]

Thanks for the responses. Given that my injuries were slight, my days off work were covered by sick leave, and that my medical bills have not been too severe, I doubt I can sue the guy for much, though I may contact a lawyer just in case. I am dealing with my car insurance company to try and recover expenses, though I am not sure how it will affect my premium rates (in a fair world it should not affect them at all, but we live in a world where a guy like this gets to keep driving). My annoyance right now is the fact that it appears there is no consequence for driving without insurance, even if you run over a cyclist. All you need to do is give a fake insurance policy number, and hope that the police don’t actually follow up.

Cheers

[dasgeh]

@phryas 91486 wrote:

Thanks for the responses. Given that my injuries were slight, my days off work were covered by sick leave, and that my medical bills have not been too severe, I doubt I can sue the guy for much, though I may contact a lawyer just in case. I am dealing with my car insurance company to try and recover expenses, though I am not sure how it will affect my premium rates (in a fair world it should not affect them at all, but we live in a world where a guy like this gets to keep driving). My annoyance right now is the fact that it appears there is no consequence for driving without insurance, even if you run over a cyclist. All you need to do is give a fake insurance policy number, and hope that the police don’t actually follow up.

Cheers

+1 for calling Bruce and being frustrated the police aren’t doing more.

Have you contacted the driver directly? If he/she’s a decent person, she/he may pay up without a lawsuit.

[n18]

This site offers free legal advice. People ask questions, and lawyers respond:

http://www.avvo.com/free-legal-advice

Here is the search results for “Bicycle” in Washington, DC:

http://www.avvo.com/free-legal-advice/bicycle?loc=Washington%2C+DC

And in VA:

http://www.avvo.com/free-legal-advice/bicycle?loc=Arlington%2C+VA

[phryas]

@dasgeh 91489 wrote:

+1 for calling Bruce and being frustrated the police aren’t doing more.

Have you contacted the driver directly? If he/she’s a decent person, she/he may pay up without a lawsuit.

Surprisingly the guy does not answer his cell phone, or the few times the police officer who helped me out tried to contact him.

[rcannon100]

@n18 91493 wrote:

This site offers free legal advice. People ask questions, and lawyers respond:

According to its terms of service, it does not. The TOS says “no attorney client relationship” (aka “legal advice”) is established. I sampled one question from one of your links. It was a landlord tenant question from DC, and it was answered by an attorney from Chicago.

I would not say that this is “legal advice.”

WABA has a form where they talk about what to do after an accident. On that form they indicate that WABA can recommend a lawyer for you. You may also want to look at DC Bar Association on how to hire an attorney.

[n18]

@rcannon100 91689 wrote:

According to its terms of service, it does not. The TOS says “no attorney client relationship” (aka “legal advice”) is established. I sampled one question from one of your links. It was a landlord tenant question from DC, and it was answered by an attorney from Chicago.

I would not say that this is “legal advice.”

WABA has a form where they talk about what to do after an accident. On that form they indicate that WABA can recommend a lawyer for you. You may also want to look at DC Bar Association on how to hire an attorney.

From their TOS item #9 “9. No Attorney-Client Relationship”: “Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues.”

Some provide sketchy answers, like “contact an attorney”, and some provide more thorough answers. It depends on if the person asking provided enough information or not.

It may not be “legal advice”, but it could shed some light in what questions to ask an attorney later, or what laws are involved. Personal injury lawyers usually offer free consultation and you don’t pay unless they are able to collect. However, in cases where free advice is not available, like non-personal injury, if you pay an attorney $50/Hour, ask him some questions, then go back home, and develop even more questions, and then you find yourself having to pay for another hour. However, if you research it first, then one hour maybe all you need.

[Rod Smith]

Cars are dangerous. People caught driving without insurance should face severe penalties!

[kwarkentien]

You should definitely contact Bruce Deming. He is my lawyer in my car vs bike case. An initial consultation won’t cost you anything and Bruce can at least provide you with his initial ideas and opinions. And he is a cyclist as well so he really understands the issue.

[FFX_Hinterlands]

If your car insurance has an uninsured motorist clause you can use that to cover your injuries even if you were not driving at the time. That’s what I heard at the Fairfax Bike Summit!

[Author]

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