No fault: A road to hell.
- From: martijn.vels@xxxxxxxxx
- Date: 30 Mar 2006 07:36:44 -0800
I was hit by a car on Saturday on the bicycle, or rather I hit the car.
In short: I was driving alongside traffic on 5th avenue in Brooklyn.
Traffic was busy and moving slowly. At the intersection with Union
street, the lights were green. I was driving properly on the right side
of the road, and there was more than proper space to drive alongside.
The bike path ends only 2 blocks before the Union Street intersection,
and cars tend to stay properly to the left leaving enough room for
cyclists. There was an MTA bus standing still before the intersection
with his wheels just over the pedestrian walkway. I guess either not to
block the box or to make a left turn, I don't know. Anyway, I passed
the bus on the right hand side, and suddenly a car coming from the
other side made a turn left in front of me. I hit the brakes, but I
couldn't stop in time. The bike (a Trek 7.2FX) is brand new, only a
week old (I drove a Trek Multitrack 730 before that) has considerable
better brakes than the older bike, so sure as hell I sent myself flying
over the handle bars as I locked the front and somersaulted over the
front wheel. I flew head first into the car, lucky enough I was wearing
my helmet. As I hit the pavement, the car then managed to run with his
rear wheel over my hand (Don't think the driver ever saw me). The car
stopped a good 10 yards or so further on.
NYPD arrived, ambulance arrived, was taken to the hospital where they
diagnosed a broken finger and severe bruises to my left knee. The wife
was pretty happy as well to get a call saying "This is the police
department, your husband has been involved in an accident with a car,
and he is being taken to the hospital". Got the scare of her life as
the PO couldn't tell her the extent of my injuries, only that I was
taken to NYM by the EMS. For all she knew, I could be clinging to dear
life.
Anyway, that part wasn't all too bad if you disregard the pain and 2
hours of waiting for x-rays. The part that is really a pain is
something called 'no fault'. As a pedestrian or cyclist, you end up
in a hell you never heard of before if you never had an accident
requiring medical care. Below he first sections of the diary I decided
to keep of my misfortune. Beware this is all single hand typing. :)
Saturday March 25
Accident with car around or shortly after 2PM. Was taken care of by
NYFD. Placed on a plank with neck support and head restraint. Placed in
ambulance. Information taken by medical personnel. Questioned on
allergies (none), drug use (none), medical history (practically none),
having consumed any alcohol or drugs prior to accident (none), personal
data phone numbers etc.
Arrived in NYM hospital. Various checks performed on stretcher. Wife
arrives a short while later. Wheeled of to waiting area around 2:30.
Around 4:30 visited by Robert Gorski MD. Doctor orders x-rays of both
knees and left hand. Wheeled of to x-ray room shortly after for
pictures. Doctor observes fracture of 5th finger of left hand. Other
doctor (name unknown) comments on knee. Knee is not broken, but there
could be damage to ligaments. Knee condition should be re-evaluated
after a week to see if condition improves.
Doctor Gorski writes appointment note for follow up at NYM orthopaedic
clinic for new x-rays and new cast. Current cast is temporary because
of swelling of hand.
Saturday evening
Pain in left hand severe, pain in left knee gets worse by the hour.
Almost impossible to stand on left knee, staying lying down, urinating
in bottles as going to the restroom is too painful. Taken Tylenol
shortly before bedtime to assist in getting a good rest.
Sunday March 26
Left knee is very, very painful. Moving around in bed in any way
results in sharp splitting pains in knee. Eventually manage to get to
couch to lie down and watch TV. Left hand is very painful but less
severe than on Saturday. Taken Tylenol before going to bed.
Monday March 27
Wife stays home to take care of me as mobility is still very limited.
Stay on the couch for entire day. Left knee still very painful, bending
is extremely painful. When turning over from back to the side or vice
versa I have to take very great care as any sudden movement sends
streaks of pain through knee. Left hand painful but bearable. Taken
Tylenol before bed.
Made appointment for free consult (Jacoby & Meyers) for Tuesday 10:00.
Tuesday March 28
Left knee still very painful. Mobility slightly improved as I can now
stand on leg short periods without too much pain. Spend day laying down
on couch.
Mr. Wilson of J&M can't find parking spot for car. Appointment
rescheduled for Thursday March 30. Tried to call police dep. for
accident report. Main desk is available, responsible officer/department
is unreachable. Line either in use, or line is not being answered.
Made appointment with NYM for Wednesday 9:00AM. Realize later on I need
wheelchair at hospital, call appointment desk again to ask if they
could have a wheelchair waiting. This time, nurse on phone says they
made an error. As this is a car accident, they can not threat us. I am
confused and have no idea what she means as all I need is medical care.
She says various things about no-fault law, this is a car accident,
'we don't do that kind of thing' and 'the insurance will not
cover for it'. I say my insurance will cover for it, but she says the
insurance of the car must cover it and they will not cover it.
Gives number of MD I should call (1 718 499 0009). Called the number,
doctor says he's not an orthopaedist but a general practitioner. Call
back hospital, ask what this is all about and how I don't understand
a thing of it. Explain how doctor says I should not go to him as he is
not an orthopaedist, and I should go to NYM.
NYM still refuses to make an appointment with the same 'this is a car
accident case, this is a court matter, insurance won't cover it',
etc.
Contacted SOS zorg centrale (SOS care centre) in Holland. They also
don't know what it is all about, they will have someone call me back
ASAP.
Talked to wife, she will talk to her doctor and ask maybe if he knows
about this, and if he has references.
Wednesday March 29
I went to police precinct 78 go get accident report. Report needs to be
picked up before 2pm. So Celia couldn't do it after work. Car service
cost $42.
Went to attorney Adam White and came to agreement for him handling the
case on a contingency basis. 25% if there is a settlement before court,
else 33%. Adam will file suit against both MTA and driver of car. Adam
will also do follow up appointment with orthopaedist.
Thursday March 30
Woke up this morning, and the leg is the same as yesterday. I can stand
on it without too much pain, and am able to hobble around on it slowly.
Bending is painful, so it's a bit of a stiff leg stroll. The left
hand doesn't feel too bad. It's slightly painful, but nothing
serious. The wounds on the back of the hand under the bandage heal
nicely, and I can properly use my thumb, index finger and middle finger
without too much pain or trouble, and the temporary cast is comfortable
enough. I do start to get more wiggle room in the cast though, I assume
because the swelling is wearing off, so I am a bit concerned if that is
good or bad for the finger.
Through my lawyer, I managed to find a (reputed) orthopaedist. Dr
Goldstein.
They need the name of the insurance company. I think "no problem" and
take the police report. No name on it. I have an insurance code, a
policy number and a plate number.
I call the police precinct; they have no clue how to get the name of
the insurance company. I try Google, no avail. I assume the insurance
code represents the insurance company, so I try to find any info on
that. No avail.
I call the DMV as they can provide insurance info from a plate number.
Send in form F25 with a $6 check or money order, and your info will be
mailed to you in a couple of business days. I need an appointment like
'now', so no avail. I call 311 as maybe they have a clue, no avail.
I try my next luck and decide to call just a random insurance company,
AllState. Lady on the phone has no idea how to get a name from an
insurance company. After about 10 redirections ending up on a sales
department where the sales rep is just as confused as I am how I ended
up there I give up.
Call the PD department again, they really have no idea ("all we do is
enter the accident report") and wish me luck. I start dialing random
police numbers now,a dn finally, finally, in a call to the highway
safety patrol in Jamaica I find someone who can give me the name of the
insurance company based on the insurance code. Liberty Mutual.
It only takes me about 5 calls and 3 redirects to end up at the proper
no fault claims department of LM, and I get the phone number for their
no fault claims and the claim number.
Call the doctor's office again. Assistant is happy with all the info
and says we can make an appointment after they contact the insurance
company and verify the claim. I say that's great, and ask if we could
make an appointment for today. She says she can only make an
appointment once the claim is verified. I ask how long does that take,
she says 1-2 business days which means my appointment would be Monday
or Tuesday next week.
I plea for her that I REALLY need a follow up this week, and kindly ask
her if she can do her best to try to make an appointment for today or
at least tomorrow. She'll call me back...
I put my lawyer on this again, as he has used this doctor as an expert
witness, he can pull some strings. Hope can get an appointment today.
.
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