What to Expect in your Bike Crash Case

Thank your for retaining the Law Office of Peter Wilborn to represent in your bike crash case. Peter has been handling bike cases for over 20 years. He and his team handle nothing but bike crashes and are readily available to your to answer any questions you will have.

We understand that for many of our clients, this is their first (and hopefully last) personal injury case.  We also understand that the process can be confusing and at times slow-going.

The following is a general breakdown of the elements in your case and the order they normally proceed:

The Insurance Claim Process

Initial Case Setup

Once our office has been retained, we will set up claims with the responsible party’s insurance carrier and potentially your own auto insurer.  Please provide us with a copy of the police report, if available, and a copy of your auto insurance declaration page.

Property Damage Reimbursement

Take your bike to a local bike shop of your choice for a repair/replacement estimate. You may have the shop email the estimate directly to us. We will compile this estimate along with any other damages (sunglasses, phone, backpack, clothing etc.) and submit a demand for payment to the insurance company.

Medical Treatment

Our #1 priority is that you get back to your pre-crash health.  Please seek medical treatment and follow your doctors’ recommendations. Continue to communicate any treatment updates with us.

Requesting Medical Records and Bills at the Conclusion of Your Treatment

At the conclusion of your medical treatment, we will request your complete medical records and bills related to the crash. Obtaining the records and bills is typically a long process as we are at the mercy of hospital records departments or third-party services.  On average, it takes about 6-8 weeks to get all records and bills in after they are requested.

The Bodily Injury Demand

We will compile all medical records and bills, miscellaneous expenses, lost wages, medical impairment, scarring photos, and lifestyle changes into a document that will be sent to the insurance company. Before the demand is sent we will have a conversation with you to go over the demand process, get any needed information from you, and answer any questions you have.

 At this point, the case can either settle or we will litigate. 

 Settlement

Offer and Negotiations

The insurance company will reply to our demand for compensation with an offer to settle the claim and we will be in close contact with you during negotiations toward a potential settlement.

Settlement/Filing suit

Most cases settle. In some cases there is a significant difference in our position and the insurance company as to liability, causation of injuries, or the overall value of the case.  In such cases, we will work with you to determine the best course of action going forward, including whether to file a lawsuit and litigate the claim.

If your case settles, we will send you a settlement statement showing the overall settlement amount, a breakdown of our legal fees, case costs, any remaining medical bill balances, and owed liens.  This statement will show the net settlement proceeds to you.  During this time you will also sign a release for the insurance company.

Disbursement of Settlement Funds

We will make payments to your medical providers and health insurance on your behalf and issue a settlement check to you.

*** These steps may repeat if an Underinsured Motorist Claim with your personal auto insurance policy becomes applicable

 Litigation

Plan a course of action

While most of our cases do settle in this process, there are others where there is significant difference in position as to liability, causation of injuries or the value of the case.  In such cases, we work with you to determine the best course of action, including whether to file a lawsuit and litigate the claim.


How to Handle Your Property Damage

Take photos of all damaged items

This includes photos of bike parts and accessories but also things like clothing, cellphone, sunglasses, backpack, etc.

Take your bike to a local bike shop

Ask them to give you an estimate for the cost of repair or replacement of your bike and it’s parts. Again, the shop may email the estimate directly to us.

Send receipts or links to comparable replacements for damaged items

Only for items that aren’t already included on the bike shop estimate. If you have any receipts for the bike or any upgrades, please forward those as well.


How to Handle your Medical Bills

Make sure your bill has been processed through health insurance (if applicable).

You may receive a letter in the mail from your health insurance regarding subrogation/recovery.  If so, please forward this correspondence to us.

Pay your bill(s).

The law office is unable to pay medical bills on your behalf until the time of settlement.  We recommend that once your bills have been processed through health insurance that you either; pay any balances in full, or set up a payment plan to avoid collections and negative credit repercussions.  Most providers are unwilling to hold your account until settlement.

You may call the billing departments and ask if they will put your account on a litigation hold or accept a letter of protection from our office.  If they are willing, please get their contact information and notify Carrie ([email protected]) who will send them a letter.

Send us copies of your bills and Explanation of Benefits (EOBs)  

It is important that we have a complete list of all your medical providers.  We use the provider list from the EOB to request all medical records and bills once you’ve completed treatment.

Medical Payments (MedPay)/ Personal Injury Protection (PIP)

       This is coverage that is intended to pay for medical bills or lost wages.  It is “no-fault” which means the insurer will pay regardless of who is at fault.  We will check with your auto-insurance carrier to see if this is something included on your policy or that is available to you.  No attorney fees are taken out of benefits paid under this coverage.


Last but certainly not least, get better!  Our first priority is that you get back to your pre-crash health.  Listen to the advice of medical professionals and do not undertreat.

 We are always happy to help and available to answer any other questions you may have.  Don’t hesitate to reach out via phone or email.