By settling the Property Damage ("PD") claim as soon as the evidence of all the personal property losses are assembled AND LATER settling the Personal (or "Bodily") Injury ("BI") claim when the extent of the harms and losses can be ascertained, injured cyclists can amerliorate their losses and keep from unwittingly giving the insurance company an "interest free loan." Some bikers make the mistake of settling early after an accident with a truck or car, before they know how badly injured they really are. Others get a check and quickly cash it, for their PD or BI claim, not realizing that the notation "Full and Final Release of All Claims" means that they cannot seek reimbursement for any other losses and may not file a lawsuit for redress in Court !
Virginia biker injury lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd. points out that most cases seem to resolve when the liability or "fault" of the driver is clear and the cyclist’s injuries are straightforward. The "PD claim" can settle shortly after the bicycle crash, without signing a "Release" of "Any and All Claims." And later (but within the state’s time limits for filing a lawsuit against a negligent driver), the disabled cyclist can settle the "BI claim." The injured cyclist can get a replacement bike, repairs, equipment, components, clothing, etc. right away and not give the auto liability insurer and "interest free loan." Then, when the injuries are on the mend, the permanency calculated and future care costs evaluated, the case for compensation for the physical injuries, lost earnings, mental trauma, scarring, loss of consortium and future specials can be made. If you or someone you know has been injured as the result of a truck or car crash while riding their bicycle, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as there are strict time deadlines with such claims.