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Blog Posts for October, 2007The blog on this website includes articles and editorials by James Freeman on subjects relevant to his legal practice. These writings are not legal advice and should not be taken as such. If you need to speak with an attorney, please contact us. All content is copyright by The Law Offices of James M. Freeman. Readers are encouraged to share the content; which is allowable only with a link back to the relevant page on this website. Please contact us if you have any questions about how these issues relate to your particular situation. After an Accident: How to Handle Your Own Property Damage ClaimIf you are in an accident and fault for the accident lies with the driver, you may want to bring a claim against the driver’s insurance for any injuries you sustain or damage to your property. If you have an injury I would always suggest consulting a lawyer. In such an instance lawyers can provide valuable services that will make things easier and insure a better result. In the event that you are injured, regardless of fault, you should not speak to the driver’s insurance until you have consulted with a lawyer. If you do speak to the insurance be sure you do not give any recorded statements. In the event that you do not seek medical attention, and you are sure you have no injuries, it is fine to make your own property damage claim with the driver’s insurance. You should understand that in order to issue you payment for the damage, the insurance company will need documents to substantiate your claim for property damage. Call the driver’s insurance company to get their claim number and find out to whom you should send the materials relevant to your property damage claim. Keep the claim number handy. You should reference that claim number every time you call the insurance. Be sure to ask if they would like to inspect the damaged bicycle. Sometimes adjusters will want to see and photograph the bicycle for themselves. That is a reasonable request with which you should comply. Take lots of pictures of the bicycle. Take some close up shots of the damage and some shots of the whole bicycle. Sometimes damage won’t be obvious, so err on the side of taking more, rather than fewer pictures. Next, you should have one or two damage estimates performed at bike shops. Bike shops do this type of thing in the regular course of their business, and there is typically no charge. If they conclude that the bicycle is totaled (meaning the cost to repair the bicycle would outweigh the value) be sure that they give you a replacement estimate. A replacement estimate estimates the cost to replace a bicycle with a modern equivalent. If the bicycle is repairable they will estimate the cost of the necessary parts and labor. Sometimes the shop will point out damage that you didn’t notice initially. Take more photos if you need to better document additional damage. Before you have repairs performed you should make the bicycle available for inspection and complete all possible photographs. If the bicycle is beyond repair it should be preserved as evidence until the claim is resolved. If you elect not to fix the bicycle, do not remove any parts or make any alterations to the bicycle until the claim is resolved. If you do fix the bicycle, your claim for property damage will be equal to the amount of money you spent to have your bike returned to the functional state it was prior to the accident. Ideally you still have the original purchase receipt for the bike. If not, don’t worry - most people don’t have it. The original purchase receipt makes haggling over the value of the bicycle harder, assuming you purchased the bicycle new. If it was purchased used there will often not be an original sales receipt. Some insurance companies have expedited claims processes, but those are in the overwhelming minority, so you generally should not depend on getting a check quickly from the insurance company. You will have to make a decision whether to have the bike fixed or whether to wait for a check. Once you have all the relevant documents collected you should send them to the adjuster. They should contact you to let you know whether or not they will pay your claim, however, some insurance companies are better than others, so it may be necessary to follow up with them yourself. If they flat refuse to give you an answer you may contact the state department of insurance to determine if there are grounds to file a complaint. Where can I lock up?In Chicago we must look to the Chicago Municipal Code which reads in relevant part: 9-52-070 Parking. Note that it is specifically legal to lock to a rack, parking meter or sign pole. Having said that, don't call me when a property owner cuts your bike off the sign in his front yard. Common sense dictates that you must be considerate when parking on someone's property- especially in their grassy yard or parkway. Also... Don't leave your bike in the same place for more than a week. If you do your bike may be deemed abandoned and it is subject to being removed. See Chicago Muni Code: Section 9-52-071, regarding Abandoned bicycles, which reads in relevant part: It shall be unlawful for any person to abandon any bicycle on any public way within the city. A bicycle shall be deemed abandoned if it: (1) is in such a state of disrepair as to be incapable of being operated in its present condition, or (2) has not been moved or used in more than seven days and bears physical indications of having been deserted. Another Headlight RantWhite headlight and red rear reflector. That's the law. When you pay dues for a Chicagoland Bicycle Federation membership they give you the choice of a map or a tail light. I have it on good information that CBF is going to switch from tail lights to head lights specifically to make their members more aware of and compliant with the law with respect to headlights. I never understand why people ride without lights. Having been a driver I can tell you that there is nothing more invisible than a cyclists with no lights or reflectors. You wouldn't drive a car with no headlights; why would you think you could do the same on a bike? Need a rear reflector? Just let me know and I'll hook you up with some red reflective tape. Quick SettlementsPeople are always in such a rush to make a claim. What's the rush? You don't know how much you should ask for until you are done being treating and you are all better. In most cases you have two years from the date of an accident to bring suit for personal injuries. Be careful about this though - another reason to consult with a lawyer. If you are dealing with the CTA you must report the accident withing six months and there is only a one-year period in which to file suit. There is also a one-year limitation when a governmental entity such as a municipality or county is a defendant. Don't make assumptions with respect to the time limit within which you must bring suit - talk to an attorney. Only an attorney familiar with your case can advise you with respect to the proper statute of limitations. There are instances where one might want to file suit quickly, but in the overwhelming majority of instances there is no immediate rush. The other question I would ask is, "Why are you in a rush?" Claims usually take a long time to resolve. Rushing a claim is like the idiot driver who is willing to run you down just to wait at a red light. A couple insurance companies have expedited claims processes (I believe Geico has expedited property damage claims, and there may be others), but such claims are the exception. Most claims take months to resolve if not years. People want to get money fast, but I would urge them to be patient. Sit back, get better and heal completely. Then you can figure out what you are looking at with respect to medical bills and any scars or permanency. Only when that is all done can one make an assessment of what the claim is worth. Any assessment before that time is premature. The other reason to wait is that sometimes injuries are not immediately obvious. I see cases all the time where someone has a latent injury that was not obvious until weeks of months following the accident. If you settle quickly you might be on your own with respect to such an injury. Quick settlement offers are usually compromised. A carrot is dangled in hopes that the claimant will take the quick money rather than full value on a claim. Don't rush things and settle before your claim is ripe. Insurance companies will usually only do that to avoid having to pay full value on a claim worth more than they are paying. Do we really need to involve lawyers? The illusion of a claim without a lawyerIf you think you are going to handle your claim on your own and there aren't going to be any lawyers involved you are fooling yourself. Insurance companies have armies of lawyers working for them. I formerly was a foot soldier in just such an army, and I can tell you from experience that adjusters are trained to elicit information that will help in the defense against any given claim. Recorded statements are the best example. I have heard adjusters ask, "Would you like to give a recorded statement?" as if to imply they are helping you. Someone who doesn't know any better might think they are being honest and solidifying their case by submitting to a recorded statement. I have never seen a recorded statement help a claimant, but time and time again I have seen recorded statements used by an insurance company or their counsel to defend against a claimant. Adjusters are trained in clever methods to elicit a recorded statement because recorded statements are such a powerful tool for defending claims. Where does this training come from? The countless defense experiences of the army of insurance defense lawyers. The illusion of the nobility of handling one's own claim benefits the insurance industry and allows them to deal at an advantage when a claimant decides not to hire a lawyer. A claimant with a lawyer, on the other hand, is insulated from the insurance company and their defense team. The lawyer handles the release of information to the benefit of the client. An experienced lawyer will level the playing field so that both parties, claimant and insurance company, are dealt with fairly. Riding Two AbreastBicycles are subject to the laws of the jurisdiction in which they are ridden. If there is no local statute to the contrary, Illinois law applies. Illinois state law allows bicyclists to ride two abreast. See the relevant Illinois Compiled Statutes: (625 ILCS 5/11‑1505.1) (from Ch. 95 1/2, par. 11‑1505.1) In Chicago, this is not the case. Riders can only ride single file. See Chicago Muni Code: 9-52-050 Riding in single file required--Exceptions. (Added Coun. J. h="7" 7-12-90, p. 18634) Bicycles, Sidewalks and Lake Shore DriveIt is illegal to ride your bicycle on the sidewalk. See Chicago Muni Code ... 9-52-020 Riding bicycles on sidewalks and certain roadways. (Added Coun. J. 7-12-90, p. 18634)  |
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