# Got hit by a van, need attorney recommendations



## stoked (Aug 6, 2004)

I was doing my usual Nyack ride on past sunday and got sideswiped by a van in Weehawken. If it wasn't for a split second decision on my part I may have been hit from front instead of side of the van. 

I am now in pain from road-rash and more. At first I was thinking of no legal action but more I think about how close I came to being killed by this negligent driver more pissed off I get. I did not have a good night's sleep for the past 2 nights and there is more to come due to my injuries. Another thing that makes me mad is that I can't do what I love for awhile which is to ride on road and MTB. 

If anyone on this forum knows a good personal injury attorney barred in NJ who handles car-bike crashes please PM me.


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## TurboTurtle (Feb 4, 2004)

stoked said:


> I was doing my usual Nyack ride on past sunday and got sideswiped by a van in Weehawken. If it wasn't for a split second decision on my part I may have been hit from front instead of side of the van.
> 
> I am now in pain from road-rash and more. At first I was thinking of no legal action but more I think about how close I came to being killed by this negligent driver more pissed off I get. I did not have a good night's sleep for the past 2 nights and there is more to come due to my injuries. Another thing that makes me mad is that I can't do what I love for awhile which is to ride on road and MTB.
> 
> If anyone on this forum knows a good personal injury attorney barred in NJ who handles car-bike crashes please PM me.


Did you report it to the police? Are there criminal charges? Why has tort taken the place of law? - TF


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## biknben (Jan 28, 2004)

You're fighting an uphill battle in NJ. You'd have to be maimed in order to get anything.

In NJ, *your auto insurance* covers your personal injury. This is referred to as Personal Injury Protection (PIP). If seeking medical attention, be sure to tell the docs that this is related to a motor vehicle accident. If the bills go to your health insurer you'll have many headaches. This is a motor vehicle incident and covered by auto insurance.

The driver's insurance is responsible for reimbursing you for property damage. You are automatically responsible for 20% of the property damage in Jersey. The ins. co. will tell you that you should have sprouted wings and flown away from the impending danger.

File an accident report with the municipal police dept. Contact your insurance and the driver's. Take your bike to a shop for an estimate of damage.

If you did not exchange info with the driver, you are SOL. If you haven't filed an accident report already you are just hurting your case.


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## 24Hours (Apr 26, 2005)

biknben said:


> You're fighting an uphill battle in NJ. You'd have to be maimed in order to get anything.
> 
> In NJ, *you're auto insurance* covers your personal injury. This is referred to as Personal Injury Protection (PIP). If seeking medical attention, be sure to tell the docs that this is related to a motor vehicle accident. If the bills go to your health insurer you'll have many headaches. This is a motor vehicle incident and covered by auto insurance.
> 
> ...



Damn, I hate reading about this, not b/c you were wrong for riding in a legal manner on public roads, but b/c I was hospitalized in '94 for a few days due to a bike/car accident. I injured my neck, back, TMJ (oddly from the helmet strap) and other cuts/bruises when I was cut off by a new motorist and went through here passenger side window. That windo was closed and the glass broke, but cut me up as I went into her car. I was out cold and woke up on my back in Denver General Hospital later that day. 

Long story short, my case went to arbitration after about 2 years of physical therapy, a totalled bike, a full police report with witnesses that testafied that she was 100% at fault for taking my right of way and would you like to know what I got for the pain and suffering and the totalled bike?

My mother's insurance paid for the bike (I told them to review the case file and sue the driver's insurance company to recover the payment on my claim (~80% of replacement cost), and the offender's insurance company settled w/ m for $4,500!!! 

I'm no lawyer, but I think you're screwed. Best of luck and a speedy recovery!


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## lawrence (May 17, 2005)

Check this out, don't know anything about them.
http://www.bikemania.biz/bikehighway/legaladvice/advice.htm


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## stoked (Aug 6, 2004)

I do have a police report and has the other driver admitting fault. I will not discuss it any further. Thanks for all the comments and tips. I have retained an attorney and I will concentrate on getting well soon so that I could be on 2 wheels in no time.


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## FondriestFan (May 19, 2005)

I went through the same thing. My attorney was key in the whole process. The insurance company settled out of court. They paid for the ER, laser surgery, etc, ambulance, bike, and pain & suffering. Once you have an attorney, you are much better off. The insurance companies have their own attorneys, so you should have yours.


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