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Why is the insurance broker giving me a hard time?

Marina Del Rey, CA |

Hello , I was injured while on a bicycle tour for the company . I spoke with the company I purchased the tour from ( an on line travel agent ) , and they said that they required and had proof on file that the bike company had accident insurance . The insurance broker has stated that they don't and only have liability insurance , and that I need to sue if I am filing a claim , etc . I just want them to cover the medical work . I don't understand what the reason for giving me the runaround is , or if this woman is outright lying since the travel agent has stated that the bike company has presented an accident policy ?

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Attorney answers 7

Posted

Insurance companies typically give "people" a run around. They have less success doing that with attorneys. Hire one that works in the world of personal injury to pursue your claims.

Best of luck to you.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

Hire a personal injury attorney and let them sort this out for you. You will feel much better not having to deal with this and deal with injuries at the same time. Good luck.

Posted

Have a local attorney investigate.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

I think you are having a problem due to sloppy use of terms. Liability ins is to cover damges suffered by someone who is injured due to the fault of the insured (the bike company). You dont say how you were injured. if the bike had defective brakes and that caused you to crash, you would have a liability claim against the bike co. The travel agent is using the terms accident insurance probably erroneously, and means liability ins. I assume you think "accident" insurance is like a medical no fault policy that covers if you are in an accident while on the tour, even if it the accident was your own fault like not looking where you were riding and crashing into something as a result. You need to review all papers, contracts, brochures, and the website of the travel agent and bike co to see what they say if anything about ins and the type and coverage provided. if they represented to you that there was accident insurancethat covered you, and htere isnt, you may have a case. get the papers etc togther and meet with a local atty.

Asker

Posted

Actually, their tour guide swerved in front of me and I slammed on the brakes/flew off the bike. She also had led us down a steep incline, where there was probably 200 people walking around, and no bike path. (The guide had originally swerved to avoid a pedestrian). I've looked up some additional articles, and it recommends not biking in this particular location due to crowds. I do not specifically think the tour guide was deliberately negligent. In fact, she was very helpful post-spill. I don't think it is a good idea taking a tour group on an incline with hundreds of people milling about, and if I hadn't slammed on the brakes, I would have rear-ended the guide.

Asker

Posted

Oh, and the bike company's personal website doesn't have any information about liability at time of booking, and the travel agent has told me that it is required that all of the company's they sell hold insurance in case of accidents.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

They told you they have liability ins. From what you are describing, the guide may be negligent. That would provide a basis for seeking compensation from their liability coverage. I dont know what waivers you may have signed. You should consult with a local injury atty.

Posted

Liability insurance is 'accident ' insurance. However, they are only going to cover your claim if there was negligence by the tour company (I assuming everything went down in Calif) in causing your incident. get the insurance info, contact a lawyer and make your claim.

Posted

You may have your own insurance, in which case you adjuster might deal with this headache you present. Otherwise, I'd have an attorney familiar with applicable types of insurance look into this since you did not succeed on your own.

Posted

Gather all the documentation you can about the bike tour/bike rental, the accident, and your injuries and contact an attorney to discuss your case. If there is negligence on the part of the tour company, then you can pursue such a claim. If the bike itself was not properly maintained, then you can pursue a claim against the bike rental company. If there was a manufacturing defect related to the bike, then you can pursue a claim against the bike manufacturer. If the claim is denied, then you would need to consider whether or not to file a lawsuit. When doing so, you need to look at what are you damages when considered the best course of action. If you have minimal medical expenses and minor injuries, then small claims may be the best venue for suing for the responsible party. If you have large bills or a significant injury or long term residual injuries, then you would likely prosecute your case in the unlimited superior court. I agree with the comments above. You should consult a person injury attorney at this time.