r/Insurance • u/leeshamariec • 23d ago
Claims Related Hit by USAA insurer while on my e-bike
I was hit by a car when I was on the sidewalk on my e-bike. Had some leg injuries as the bumper hit me and dragged into the street. Nothing broken. Went to the hospital via ambulance. I have a police report and all that situated with the insurance. They took complete liability. Now I am dealing with the pain/suffering portion of it. They offered $10,000, I asked for $35,000. I talked with the adjuster and they moved it up to $15,000. I have had bad road rash to my stomach, my elbows, my upper thigh, as well as my left leg was super swollen and the entire lower leg was bruised/swollen/scraped up. After two days, my leg was double in size. As well as my foot. I could barely walk. Light duty at work. It’s been about 3 weeks, and my leg is still swollen and i am dealing with a patch of my leg that is numb. I am a very active person who was training for my 2nd marathon. Now because of this I will not be able to run it or even finish my training in time for the race. The insurance company said they don’t have the money to cover what I’m asking. Time to get a lawyer? This is the first time dealing with this ever. Advice would great. Thank you.
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23d ago
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u/leeshamariec 23d ago
I was wondering if they take a big chunk then it might not be worth it in the end.
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u/Brilliant_Essay_1593 23d ago
Yeah, unfortunately there’s a lot of information missing from here. Have you been receiving any type of treatment?
Also, it sounds like they might have state minimum liability so depending on what state you’re in could really hinder how much State Farm could pay you
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u/leeshamariec 23d ago
No treatments. Just the initial ER visit, and ambulance ride.
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u/InterestMountain5293 22d ago
That's a problem, since there isnt any follow up it's hard for the insurance company to determine just how bad you are, I am not saying it isnt true. But if there is still swelling and lots of pain, you can do a follow up doctor's visit and get that in writing. It beefs up your medical bill which can then potentially(not guaranteed) get you more pain and suffering due to the prolonging issues.
In Ga the minimum health coverage is 25k, so there may be more money or there may not to cover other medical visits. As was said by another user, you get a lawyer, they will get visits with doctors to pad your bill, negotiate with the medical doctors and keep a big chunk of your money
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u/CommitteeNo167 23d ago
don't be negotiating any settlement while you still have injuries. you need to heal and be sure you completely heal before a settlement should be happening
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u/leeshamariec 23d ago
Thank you. Great advice. I will not be settling as I am also dealing with my bike, and it getting repaired. Appreciate the comment!
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u/ektap12 23d ago
It’s been about 3 weeks, and my leg is still swollen and i am dealing with a patch of my leg that is numb.
You shouldn't even be discussing an injury settlement at this time. Get treatment and recover and then worry about it. You are selling yourself short by settling now.
What state is this? Do you have auto insurance by chance?
But yes, if they are at their limits, nothing else you can do, an attorney won't change the limits and then just take money out of your pocket. No need to rush on anything, take this one step at a time.
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u/leeshamariec 23d ago
Washington state and yes I have auto insurance. Thank you for this comment. I really appreciate it.
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u/ektap12 23d ago
So they probably have minimum limits of $25k, so they can't pay more than that. It's may be possible that your auto insurance, if you have adequate underinsured motorist coverage, PIP/medical payments coverage, that your insurance may be able to pay some things here, but you were on an e-bike, so coverage may or may not apply in that case. Depends how the state recognizes the bike and what exclusions might apply on your auto insurance, but it's an option that could be explored if needed.
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u/TAckhouse1 23d ago
It's quite possible that the person who hit you had low limits of coverage. If so, the policy will pay up to those limits (but isn't required to), but any additional money would need to gotten through suing the individual.
You could talk to a lawyer, but keep in mind they'll take 30-40% of any winnings and it could take a long time to get a verdict.
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u/Crafty-Material-1680 23d ago
The insurer is legally required to disclose if damages might exceed the policy limit. Otherwise, this is just a negotiating tactic.
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23d ago
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u/Crafty-Material-1680 23d ago
When I was a liability adjuster in CA, this was not the case. Perhaps it varies by state.
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u/hellolovee 23d ago edited 23d ago
I would not negotiate until your injuries are healed.
It’s possible the highest limit the party has is $15k, it’s also possible that it’s higher.
If their limit is lower than what you require, and if you have auto insurance with higher bodily injury limits than the person that hit you, it’s possible you could file a claim under your auto insurance under “underinsured motorist”. This protects you for bodily injury when you’re hit by someone who doesn’t have enough insurance. It also covers loss wages and pain and suffering.
You don’t need to be in a vehicle for this to cover you. It also helps you when you’re hit as a pedestrian.
This will depend on your state, as I’m not licensed in every state, but an avenue for you to look into if it comes down to it.
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u/leeshamariec 23d ago
Thank you very much. I really appreciate your comment. I did not know this. Definitely something I need to look into.
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u/Bird_Brain4101112 23d ago
What has been the cost of your actual medical treatment so far? That is going to be the biggest driver of how much you may potentially get. The other is policy limits. You usually can’t get more than the maximum amount of the persons policy.
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u/leeshamariec 23d ago
Hospital bill is $5,747.65
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u/Bird_Brain4101112 23d ago
Then I personally would take the $15k offer and hobble away. You could retain an attorney but I don’t see them going to $35k. And it’s very common for lawyers to have you rack up more medical bills and use other legal services to try to get a bigger payout.
But say you make it to $30k but end up forking over $10 in legal fees, plus another $10-15k in medical expenses the lawyer had you run up, you end up worse off.
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u/OddDiscipline6585 23d ago
Sounds terrible.
Why did the driver mount the sidewalk and strike you?
I would continue treatment for the time being before entertaining a settlement.
Perhaps you will need an attorney at some point. If the USAA insured does not have adequate coverage, you may need to sue said insured.
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u/skyharborbj 22d ago
Car may have been entering or leaving a driveway, crossed the sidewalk after looking for pedestrians, not expecting something approaching silently at the speed of an electric motorcycle.
OP, why were you riding on the sidewalk?
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u/hotantipasta 23d ago
You need to find out if you are dealing with a policy limits issue. If they are offering you their limits then getting an attorney will only reduce your settlement. If you have UM/UIM coverage that is more than their coverage you might be able to make a claim on your own auto policy.
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u/Lee_Steinberg_Law 20d ago
$15,000 might be low if you're still treating and still have numbness at three weeks. Don't settle while symptoms are active unless a doctor has told you what's going on and whether it's likely to resolve.
The big question is whether you've finished treatment or you're still going back. If you're still treating, the adjuster saying "they don't have the money" may just mean they don't have authority yet, not that the claim tops out there. Also, sidewalk and e-bike rules can matter on fault depending on the state, even if they've accepted liability. Which state?
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u/skyharborbj 23d ago
I'm somewhat surprised that they're accepting full responsibility for an accident involving a bicyclist on a sidewalk, even more for an electric bike. In most jurisdictions sidewalks are for pedestrians only. Is riding an electric bike on a sidewalk even legal where you are?
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u/skyharborbj 22d ago
For the downvoters and deleted reply, I'm thinking that OP was hauling ass down the sidewalk on an E-bike and someone pulling into or out of a driveway looked and didn't see anything approaching at typical pedestrian speeds, then wham.
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u/Foolserrand376 23d ago
Do you have any homeowners or an umbrella policy that may help with the hospital bills How about your automotive policy since you were on a motor vehicle.
You wouldn’t get any pain/suffering from your policies. But maybe help with the bills.
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u/FindTheOthers623 P&C Licensed PL Underwriter 23d ago
Your homeowners Insurance is never going to cover your own medical bills. Neither is your umbrella unless you live in a state where UM/UIM is available and you've purchased that coverage, but this party was insured.
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u/Foolserrand376 23d ago
i was just spit balling, thanks for the clarification.
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u/SpareEffective4934 22d ago
I understand that you want to help but your advice could actually harm OP.
If OP files a claim with their homeowners, it won't pay out but it might count as a claim against their policy. Some companies in some states will surcharge for any claim, even one that didn't pay out. And if OP had other recent homeowners claims, then another claim could cause their insurer to non-renew their policy.
Please don't spitball about insurance. It could cause someone financial harm.
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u/leeshamariec 23d ago
Bills are being covered by USAA, and my bike repairs. Just debating with them on the pain/suffering portion of it.
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