Ever wonder what the process is for your personal injury case? Every want to know what the actual steps are to your personal injury case? Here is the basic outline of the process and steps to a personal injury case. These steps form a sort of case map and/or case timeline you can follow with your personal injury attorney. The first 7 steps are all about what happens up until a lawsuit is filed. Many cases are resolved before a law suit is filed.

1.  Consultation with an Experienced Personal Injury Attorney

a.   Call to set up a consultation with a reputable and experienced attorney. Our initial consultations are free of cost. Ben Dodge is a certified Master Advocate through the National Institute of Trial Attorneys. Having an experienced court room litigator answer your questions is always the best 1st step.

b.   In your consultation you should provide the attorney with all the facts of loss and provide any documentation you have available at that time. This may include medical bills, receipts, lost wages claim, and more.

c.    Do not speak with any insurance companies until meeting with your attorney. If you are needing to do so because you need to set up a rental car, etc., try to be as brief as possible on information you provide to them. They are trained to solicit answers from you to questions they ask that are only meant to help them.

2.  Property Damage

a.   Most attorneys do not fully handle the property damage portion as this is usually settled within 2 weeks depending on the circumstances. However, some firms will assist with this portion without additional fees.

b.   If you are claiming any additional property damaged be sure to take photos and provide receipts if possible.

3.  Medical Treatment

a.   If you are not already receiving medical treatment it is best that you find the medical provider that will best fit your needs. Beginning and fully completing medical treatment for your injuries will significantly make or break your case.

b.   Keeping up on your treatment and not having large gaps between treatment dates if not necessary.

c.   Keep your attorney/paralegal updated on all medical treatment and letting them know when you are released from treatment.

d.   Understanding that if you feel your injuries are not improving you can always get a second opinion or change providers.

e.   Always understand that your medical treatment is your choice, and you are responsible to voice any concerns you may have.

f.    Be sure you are providing your health insurance if discussed and if the provider accepts your insurance.  If your health insurance is billed there is a chance that there may be a lien for a portion, or all of the payments made.  This total is usually lower than the total cost of medical treatment. Your attorney/paralegal will confirm this with your health insurance. Medicare and Medicaid are automatically required to be reimbursed.

g.   Pay your patient portion of any bills during the case to keep them from going to collections.

h.    If a provider does not accept your insurance or for any reason you feel you do not want to use your health insurance, the provider may put your treatment on a lien.  If this is done, the lien must be honored from your settlement payment. This goes for any liens filed against your settlement.

4.  Developing Evidence

a.   Your Paralegal will be doing this from the time you sign the fee agreement with the firm.

b.   Collecting police report, video and photos, witness statements, accident reconstruction (if needed).

c.   Medical records, itemized billing, and paycheck stubs (if you have missed time from work for medical treatment).

d. Contacting and retaining the necessary expert witnesses to help prove our theory of liability. As your attorney we will assess your case and the probably need of litigation. And in more complex cases we will want to gather our expert witnesses early on so they can eventually help steer the litigation process. Expert witnesses will also read and evaluate the evidence we collect to help formulate their opinion.

5.  Demand Package (This will be done once all medical treatment has been completed)

a.   A demand letter outlining the facts of the case and explaining why the opposing party is liable.

b.   Medical records, itemized billing, police report, photos, and any other supporting documents will be included.

c.   A demand amount will also be listed as to what the attorney is valuing your case at and a starting point for negotiations.

d.   Once the demand package has been reviewed by the other side they will either: i. Accept the settlement offer ii. Respond with a counteroffer iii.   Decline the offer.

e.   Once an initial offer has been made the attorney/paralegal will follow up with you to discuss the offer and obtain your permission to either settle or respond with a counteroffer.

6.  Settlement

a.   Once an offer has been accepted the adjuster will send over a release form for the client to sign.

b.   Once the release has been signed you may not go after the defendant or insurance company for the same accident.

c.   The signed release will be returned, and the check will be issued to your attorney office at which time funds will be disbursed.

d.  Depending on the situation, after attorneys’ fees and costs, payments will be made accordingly.  If there are liens filed, they must be paid from the settlement and anything further is discussed if you would like them paid directly or if you would like to handle paying the remaining providers.

7.   UM/UIM/Medical Payments Coverage

  1. There are different types of coverages that may be used along with the third-party or in the case that there is not third-party coverage.
  2. Uninsured motorist would be used in the chance that the third-party does not have coverage or fled the scene and was unable to be contacted.  This is coverage that is added to your own policy and is not automatically added.
  3. Under-insured motorist would be used when the third-party’s limits are not adequate to cover your medical expenses.  This claim would be submitted once the third-party tenders their policy limits.  This coverage is also added to your own policy and is not automatically added.
  4. Medical Payments is another additional coverage that you can add to your policy.  This is something that we can submit for once we have billing that would equal the coverage available.

The above coverages are all optional and must be added upon your request.  some insurance companies may offer and require you to sign if you refuse the coverage to show that it was offered.

8.   File a Lawsuit

a.   Filing a lawsuit becomes necessary when the at fault party’s insurance refuses to pay, or offers something so low it can never fully compensate our client. Filing a law suit has some strict timelines. Every case is different, however in most cases not involving a government municipality the timeline is 2 years from the date of the accident to file a law suit.

b.   Cases involving governmental entities require a notice of claim to be filed at 6 months from the accident date. Then a lawsuit filing deadline of just 12 months from the accident date.

c.   After the suit is filed there is a lengthy period of time where “discovery” and “disclosure” occurs. This is where both sides request and show each other critical information regarding the facts and theories of liability, etc. of the case. Cases are often won and lost with how well this process is done.

d.   Next is depositions. Depositions are formal recorded and sworn testimonies under oath. They are often held at your attorney’s office or the offices of the defense lawyers. In a deposition you, the witnesses, and expert witnesses will all be asked questions under oath. These are used as a tool to nail down what testimony and what facts will be heard later at trial.

e.   At anytime in the case, but particularly after the depositions are conducted, the Motions of a case are presented. Motions are often used to get certain facts thrown out, or theories of liability established prior to the trial. Here a lawyer can get a certain part of a case, or even a party to the case dismissed. Using the evidence collected so far through discovery and the depositions you can ask the judge make some decisions early, even before the trial. You do all of this through the Motions. Common motions include a Motion for Summary Judgment, or a Motion to Dismiss, and so on.

f.   Settlement. At anytime a case can settle. Often after the discovery, or depositions, and the motions – a case may finally settle. If at any point both parties reach an agreement then they are free to settle. We have even seen this literally on the court house steps as a case is about to start a trial. We have also seen settlements happen during the middle of trials. Your lawyer should be good enough to always explore the maximum settlement opportunities for you at any given point in your case. Always weigh the settlement against the risk of trial.

g.   Trial. Finally, if no settlement could be reached then we go to trial! Trial is where we present your case to a jury for you. The defense also presents their case against you to the jury. Then the jury ultimately decides. It is always a gamble. It is a risk that should be carefully thought through with every settlement offer. Many lawyers are inappropriately afraid of courtroom litigation and trial. You should avoid such lawyers. The best of our profession are proudly litigators. We are attorneys who run towards a courtroom not away from it. While many cases don’t end up in trial we are confident that when we prepare for a trial we get the better settlements. Our clients always net more because of the hard work we put in and the reputation we have.

Enjoy the ride! Hopefully you’ll never need us, but if you are ever involved in a wreck- we are here for you. My practice is exclusively for cyclists. I manage a national network of cycling attorneys who represent cyclists in every state. I ride. I race. I advocate. I choose to live and ride. #mylawyerdoesntsuck #arizonabicyclelawyer #bicyclelawyer #BAA

Ben Dodge, Esq., Endurance/Ultra Cyclist

Contributing Author for this article: Mandy Miller, @ Bike Accident Attorneys.

Bicycle crash and bicycle accident lawyer Ben Dodge

A bicycle crash is not always an accident. If you, or someone you know has been injured in a bicycle crash or accident caused by a road hazard or dangerous road condition, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed Arizona bicycle accident lawyer, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States. Ben also founded Bike Accident Attorneys Network, a national network of attorneys who focus on representing cyclists. He can find you help anywhere in the country.

Ben Dodge, Bicycle Lawyer

Ben Dodge has represented and assisted bicycle accident victims across the entire United States. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the world. It isn’t uncommon to spot him in early morning hours out riding his bike. Having competed in 8 Ironman triathlons, numerous local and national cycling races, and a successful finish in the Race Across the West 2016, he really knows what it’s like to ride and race a bike. Ben competed in the first ever Race Across France – 2018. This was a non stop 1500+ mile race across the entire country of France. He and his teammate finished 3rd. He is registered for a 2 man Race Across America (RAAM) team as well in 2019.

The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases. Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

In recent years there has been approximately 700 bicycle fatalities in the United States every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. Approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. Ben is certified through the National Institute of Trial Advocacy (NITA) as having completed extensive litigation courses and has demonstrated these skills over and over again. Most lawyers are pencil pushers and shouldn’t be in a court room… not Ben Dodge. He is a gifted and aggressive litigator. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • Your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • The applicable local, state, and federal laws underlying your case.
  • Your rights as a cyclist, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.
  • The value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of Bike Accident Attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and has founded BikeAccidentAttorneys.com a National Network of independent and incredible bicycle lawyers that can assist in representation in all 50 states.

As a cyclist and bicycle crash lawyer, here are the best things you should do and know in case you are ever involved in a bike crash.

With what appears to be record numbers of bicycle crashes and more and more people riding bikes, it seems important to review what every cyclist should know from a legal perspective about hi/her bike crash. There are important things that can help preserve your rights and protect you in BOTH the immediate moments after your crash and the long ensuing court battles ahead.

1. DO call 911. Hopefully by now you know how valuable your cell phone can be when cycling. Its not just useful for cool aps such as Strava! Your cell phone is your best tool in your accident for many reasons, first and foremost it is important to immediately call 911 for any medical assistance needed. Call a relative and/or a close friend as well to come out and provide any assistance you may need, such as photographing the accident, collecting your bike, providing you a ride back home, meeting you at the hospital, etc. These calls provide a clear trail that documents your injuries and often ignites the police into action for police reports and investigations if necessary. Of course there is the ambulance issue as well. Calling 911 will trigger a response from medical providers at the scene. They will make sure to check out how injured you are and may even transport you to the nearest hospital. Many of my clients don’t like the ambulance and refuse their offer of transport. I know, I get it- cyclists are tough. We all know that soccer players pretend to be injured while cyclists pretend not to be injured. But in the case of a bike crash it is best to make sure you are not injured by the appropriate medical professionals. Allow yourself to be seen, treated, and transported if necessary. Worst case is they release you that same day form your local hospital. At least all of your future rides that you suffer on will not cause any question or concern whether the “pain” and “suffering” you feel are related to your bicycle crash or just simply due to your incredibly hard training efforts! Any insurance and medical bill concerns should come second to your priority of ensuring you’re injuries are taken care of.

2. DO Get Medical Help. Seek any necessary medical attention as soon as possible. When arriving home again after the accident you should make immediate appointments with any and all necessary medical professionals to begin treatment for your injuries sustained in the bicycle accident. Any delays in treatment will be negatively viewed by the insurance companies as simply not relating to your bicycle crash. Some common medical treatments will be chiropractic care, physical therapy, orthopedic care, and more. It is important to continue seeing these doctors until they officially release you form their care. Many of my clients have to be reminded to actually go to the doctor! They sit at home with broken bones and open wounds hoping time will make it all better. While I generally applaud this mentality in every other context, it makes your legal case hell. Insurance companies are looking for any reason NOT to pay you or to pay you as little as possible. Not seeing doctors or even completing their recommended treatment plans is a recipe for legal disaster when it comes time to argue your injuries. I wish it was more plain and simple, and that good old fashioned common sense was still a prevailing mindset. But it is isn’t, and your case will need a paper trail. Your doctor visits and treatments all make up the necessary paper trail.

3. DO take lots of photos. Again, your cell phone is an important tool. Use it to capture as many photos of the accident scene as possible. Try to capture the damage to the car, the bike, and of course to your person. Take photos of the streets, the lighting, the road conditions, and anything else that may look important. If you are too injured to take photos try and ask for help from a nearby witness, or anyone who is there and willing to do so. The more pictures taken the better. If at all possible, try not to move the bicycle or the vehicle until after a few photos are taken. Use your phone to take photos of the driver’s license and insurance card as well. If you are too hurt then hopefully a riding companion or a witness nearby can take these photos for you at your request. It is ok to ask for help in doing this.

4. DO collect the names and contact information for all witnesses. Don’t assume they will be easy to contact from a police report, or by finding them on Facebook. Take the time to get their current contact information so your attorney can contact them later. Ask them to stick around until the police arrive so they can make a statement for the official report. Take pictures of their contact info if that is faster, and of them if they permit it. Tracking down witnesses later is more difficult than you think. Collect as much info as possible so you or you bicycle attorney can find them later.

Bicycle Crash Lawyer Ben Dodge

5. DO get all of the contact information possible on the driver, including the make, model, color, and license plate number of the driver’s vehicle as well as all contact and insurance information for the driver. Use your cell phone to help collect this information and take photos of these important documents if you are able. As always, ask someone nearby to help and assist you in collecting this information if you are too injured to do so. If you are involved in a bike crash with NO driver- then collect as much info as possible for the bad road condition, debris, etc. as you can. It may be a construction issue and you can collect that construction company’s info, etc. Just collect all contact info you can. Later one it may prove to be much more difficult.

6. STAY OFF OF SOCIAL MEDIA. In our society social media seems to be the only way we connect or even communicate with some people. Don’t use ANY Social Media platforms to discuss the case. Don’t post about it or explain to anyone what you think happened, etc. Don’t post medical updates about your recovery, don’t post any physical activities you may or may not be doing. Stay off. Stay off. Stay off. Many of the large insurance companies have whole divisions of employees whose sole job is to scan and collect social media statements from the parties involved in accidents. They use this information to help support their positions. I have seen clients get tagged by their friends on Instagram and Face Book posts where weeks after their accident they were making a statement about how they feel a little better now. These statements are blown out of proportion and taken out of context to make it sound like no other medical treatment after such statement is even necessary. It gets crazy. Or worse, you say you’re hurt then a week later you pist a picture of yourself rock climbing, or at another bike race, etc. True story. Also- stay off strava, map my ride, my fitness pal, garmin connect, and all other platforms for tracking your rides. After your bike crash you should not be posting any rides until your doctor says you are cleared to ride again.

7. DO keep all of the GPS and Strava data from that ride. This information stored in your GPS devices (such as a Garmin, etc.) can provide helpful information about the events immediately prior to and during your bicycle accident. Many of these devices record helpful information about the % grade of the road, your speed, the time of day, the weather, and much more. This information can be helpful in establishing your own innocence in a bicycle accident, and can provide much needed details when fighting with an insurance company. Sometimes police officers wrongly issue citations to cyclists and these citations be better overturned when we have data to support our position.

8. DON’T discuss any aspect of the bicycle accident case with the driver. I wish I didn’t have to even discuss this topic, because moral decency integrity, and ethics seem to have faded away from many in our society. Nevertheless, as your lawyer it is better to err on the side of caution when you speak with the driver. Sometimes we inadvertently say sorry to the driver even though we cyclists aren’t at fault. It is human to be sorry that an crash happened, it shouldn’t mean you’re claiming responsibility. But in our day and age, that is what a jury thinks. These and other similar statements can and will be seized by the insurance companies and at fault drivers as some sort of confessional to liability. When the cops arrive and start taking statements the driver may inform the cop of your “sorry” statement and may begin to assume that you are at fault. It is certainly OK to listen to the driver go on and on about the accident, especially if he/she is admitting fault. But you should never say anything about the accident. Seriously, say nothing at all – don’t talk about how curvy the road was right there, or how crazy fast the light changed, etc. Say nothing. Just collect his/her info.

9. DON’T leave the scene of the accident until the police have told you that you are free to go. Unfortunately, leaving the scene of an accident is actually a criminal violation in many states. It is for sure in Arizona. Never leave until you have been told you are free to go. Additionally, you may be so nervous and anxious that you just want to get right on your bike in spite of the pain and the injuries you suffered and just quickly ride home (if the bike is still even somewhat functional). Such a decision is not only criminal but can actually reduce or hurt your bicycle accident claim in a serious manner as the insurance company may simply use it as evidence that you are not really injured. Many of us are pretty amped up after a bike wreck and the adrenaline alone can carry us home. Then a few days or hours later and we are in agonizing pain. Be smart and stick around until you are free to go and it is safe to do so. True story: A client of mine was hit and broke his leg in two places. He hopped up, limped to his bike and out of fear, confusion, and an overwhelming desire to get the heck out of there- he just pedaled away in agonizing pain. We settled that case, but it wasn’t easy when we were claiming how much it hurt and they kept saying it couldn’t have hurt that bad since he still rode his bike afterwards.

10. DO call an experienced bicycle accident attorney. Bicycle wrecks are unique. There isn’t a personal injury attorney on the planet who would turn your case down. Personal Injury lawyers are often like cockroaches- they’re everywhere. Every billboard, every t.v and radio commercial, every bus stop, sides of buses, just everywhere! But they don’t know a thing about cycling. They don’t know a thing about the bias and how to deal with it in our legal system. They don;t understand how your bicycle can be worth more than their receptionist’s car. And they just treat every personal injury case the same with a standard red car vs blue car scenario where the fastest settlement is what is best for them. Most lawyers are so scared of the court room they only take settlement offers. Many personal injury lawyers brag about how they can wear blue jeans and a t-shirt to work because all they do is make phone calls and write letters to get some stupid settlement offer out of the insurance company- then they sell that “offer” to you their client as the “best possible scenario give all the circumstances,” etc. It is all B.S.

That is not what you need. You need someone who knows the cycling community. Who knows your local cycling ordinances, statutes, and regulations. You need someone who actually rides bicycles. You need someone who actually goes to court and isn’t afraid to stick it to every idiot insurance company out there with a law suit. There is a very real bias out there that drivers feel towards cyclists. There is a belief that as cyclists we are somehow at fault for these “accidents.” As if we are “stupid enough” to ride on streets where cars also drive then we somehow deserve to get hit. This bias is not limited to just the drivers out there – I have seen it in police officers and insurance adjusters as well. Educating the police officers, the drivers, and the insurance companies on cyclists’ rights is the only way these cases end up receiving fair treatment. OFTEN that education comes via my lawsuit. I take them to court. I show them the laws and make the arguments necessary for my client’s success. An experienced bicycle accident lawyer will be able to help identify the key issues in a bike accident that lend to a stronger medical and financial recovery. No cyclist should have to settle for less just because when they were in an accident they were riding a bike and not driving a car.

Enjoy the ride! Hopefully you’ll never need us, but if you are ever involved in a wreck- we are here for you. My practice is exclusively for cyclists. I manage a national network of cycling attorneys who represent cyclists in every state. I ride. I race. I advocate. I choose to live and ride. #mylawyerdoesntsuck #arizonabicyclelawyer #bicyclelawyer #BAA

Ben Dodge, Esq., Endurance/Ultra Cyclist

Bicycle crash and bicycle accident lawyer Ben Dodge

A bicycle crash is not always an accident. If you, or someone you know has been injured in a bicycle crash or accident caused by a road hazard or dangerous road condition, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed Arizona bicycle accident lawyer, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States. Ben also founded Bike Accident Attorneys Network, a national network of attorneys who focus on representing cyclists. He can find you help anywhere in the country.

Ben Dodge, Bicycle Lawyer

Ben Dodge has represented and assisted bicycle accident victims across the entire United States. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the world. It isn’t uncommon to spot him in early morning hours out riding his bike. Having competed in 8 Ironman triathlons, numerous local and national cycling races, and a successful finish in the Race Across the West 2016, he really knows what it’s like to ride and race a bike. Ben competed in the first ever Race Across France – 2018. This was a non stop 1500+ mile race across the entire country of France. He and his teammate finished 3rd. He is registered for a 2 man Race Across America (RAAM) team as well in 2019.

The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases. Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

In recent years there has been approximately 700 bicycle fatalities in the United States every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. Approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. Ben is certified through the National Institute of Trial Advocacy (NITA) as having completed extensive litigation courses and has demonstrated these skills over and over again. Most lawyers are pencil pushers and shouldn’t be in a court room… not Ben Dodge. He is a gifted and aggressive litigator. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • Your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • The applicable local, state, and federal laws underlying your case.
  • Your rights as a cyclist, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.
  • The value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of Bike Accident Attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and has founded BikeAccidentAttorneys.com a National Network of independent and incredible bicycle lawyers that can assist in representation in all 50 states.

My lawyer doesn’t suck!” is something we often hear from our clients. How do they know? I’ll tell how you Jake knows… Jake is a recent client who hired us after his previous lawyer had taken the case as far as they could. With our unique skill set and aggressive representation we were able to get a 400% increase in settlement funds for Jake! That is 400% over and above what the previous lawyer got. This is a common story for us. It is one of countless experiences we share with our clients and one of the reason they each know that we are the best. #MyLawyerDoesntSuck

Often clients are afraid to hire a personal injury lawyer because they think that the 33% settlement fee taken by the lawyer is too high. In all honesty, I agree for some cases. There are a few smaller cases where it may not make sense for a lawyer to get involved. That is more rare then you think. It will come down to how much do you trust your lawyer to actually get you the highest dollar amount possible? Are you confident they will do everything necessary to maximize your settlement? Are they willing to actually go to trial or would they prefer to sit in their office in jeans and a polo shirt making some phone calls until the dollar amount is finally high enough for them to pay their rent that month?

The dirty secret in the personal injury world is that most lawyers are lazy. They haven’t been to court in so long they forget how to even dress for it not to mention what to actually do in the court room. Personal injury work is so volume driven that many lawyers are used to the comfortable setting of writing a few nasty letters and making a few nasty phone calls hoping for a decent enough settlement that they can then sell it to the client as a good ending to their case. Meanwhile, they fully know they aren’t maximizing the settlement. They essentially become pencil pushers. Stuck in a rut of volume based personal injury work with mediocre settlements at best.

Not us! Our bicycle crash attorneys are incredible. We show up to work every day dressed and ready for court. Why? Because we actually go to court very often for our clients. We are not lazy. Also, it is just a principle of showing up prepared for a battle with your best foot forward. It feels good to be ready. How do you think a soldier would feel if he showed to the front lines of a war dressed casually in street clothes? He may be a good soldier, but he wouldn’t feel like it that day. We stand out because we are good at our jobs, in fact we are the best bicycle crash lawyers in the entire country. We also stand out because we dress like it. #MyLawyerDoesntSuck

We work on cases likely 2-3x as long as casual mediocre law firms work on cases. We actually take cases to trial. We are not looking for the easy cash in a quick settlement. We look for the best possible outcome for our clients even if it means working on a case twice as long and filing a law suit. We ride bikes and we appear in court as regulars. Like in Jake’s case, we were able to get a 400% increase in settlement because we worked the case for over a 1.5 years, filed a law suit after the insurance company denied our requests and repeatedly offered us low settlement amounts, and we forced them into litigation- all with the single purpose of getting a real and meaningful settlement for our client. #MyLawyerDoesntSuck

We continually strive to sharpen our skills ad our education. Completing exclusive and expensive litigation training through the very best resources. I have recently completed additional certification of advanced trial skills through the National Institute of Trial Advocacy. These sessions were often one on one with the some of the most prestigious attorneys and judges in our country. Worth every penny, and makes me an even more skilled and bad ass attorney. #MyLawyerDoesntSuck

Choose your bicycle crash lawyer carefully. Choose the best bike accident attorneys in the country. Start here.

We are here for you. We got your back. We protect our own like you’re a member of our tribe.

Ben Dodge, Esq., Endurance/Ultra Cyclist

Bicycle crash and bicycle accident lawyer Ben Dodge

A bicycle crash is not always an accident. If you, or someone you know has been injured in a bicycle crash or accident caused by a road hazard or dangerous road condition, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States. Ben also founded Bike Accident Attorneys Network, a national network of attorneys who focus on representing cyclists. He can find you help anywhere in the country.

Ben Dodge, Bicycle Lawyer

Ben Dodge has represented and assisted bicycle accident victims across the entire United States. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the world. It isn’t uncommon to spot him in early morning hours out riding his bike. Having competed in 8 Ironman triathlons, numerous local and national cycling races, and a successful finish in the Race Across the West 2016, he really knows what it’s like to ride and race a bike. Ben competed in the first ever Race Across France – 2018. This was a non stop 1500+ mile race across the entire country of France. He and his teammate finished 3rd. He is registered for a 2 man Race Across America (RAAM) team as well in 2019.

The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases. Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

In recent years there has been approximately 700 bicycle fatalities in the United States every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. Approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. Ben is certified through the National Institute of Trial Advocacy (NITA) as having completed extensive litigation courses and has demonstrated these skills over and over again. Most lawyers are pencil pushers and shouldn’t be in a court room… not Ben Dodge. He is a gifted and aggressive litigator. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • Your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • The applicable local, state, and federal laws underlying your case.
  • Your rights as a cyclist, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.
  • The value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of Bike Accident Attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and has founded BikeAccidentAttorneys.com a National Network of independent and incredible bicycle lawyers that can assist in representation in all 50 states.

Medical Liens in Your Bicycle Crash Case

Have you ever been asked whether or not you want the good or the bad news first? Often when it comes down to medical liens in your bicycle accident case there is only bad news and worse news with the occasional AWESOME news!

Lets break it down with some very basic info and examples. But first, every cyclist should know the bad news, the worse news, and the awesome news:

  1. Bad News: In general you will be dealing with multiple types of liens resulting from your bicycle accident case. Each type of lien has different rules and an experienced bicycle lawyer can help navigate this for you.
  2. Worse News: Valid liens must be paid prior to you or your attorney getting paid. If there are NO liens then you may be held responsible for paying the medical bills on your own.
  3. Awesome News: Some liens can be invalidated and therefore do not get paid. Typically all liens can be negotiated to lower amounts with an experienced bicycle lawyer.

Injured Cyclist Hypothetical Fact Pattern: So a cyclist is hit by a car and gets injured pretty badly. The cyclist is transported to the hospital via ambulance (or helicopter, etc.). The hospital treats the cyclist in the ER and then moves them upstairs for a few days where multiple surgeries take place. Upon discharge from the hospital the cyclist appropriately seeks treatment with his/her own doctors for chiropractic care, massages, physical therapy, and maybe even additional/follow up surgical procedures. Finally the treatment is done and your bicycle lawyer settled your case with the insurance company. What happens next?

Identify the Liens

Lets identify the liens in your case. If you are on Medicare then “congratulations” your liens are a difficult mess and must be handled carefully. There are lots of specific rules here that we won’t get into in order to keep things simple. Let me say this, Medicare has a special priority lien on a federal level. The good news is that they pay small contracted amounts to the medical providers and in Arizona the balance of that bill is off the table for collection and payment! In other words, there is no “balance billing” allowed and an experienced bicycle lawyer can get your Medicare lien reduced even further and the balance of your bill wiped away. The good news here is that when Medicare is involved they are typically the only lien holder (so long as they are the ones paying for all of the medical treatment).

If you are not on Medicare then you will be dealing with other types of liens. Of course, the transportation service (i.e. ambulance or helicopter, etc.) may have a lien as well. Some ambulance companies don’t lien at all, while others do. Either way lets break it down a bit further.

Starting with the hospitals and the doctors. A.R.S. 33-931 makes the business of liens in Arizona a statutory affair. 33-931 basically declares that any and all persons or companies providing medical treatment to you as an injured cyclist is entitled to place a lien on the proceeds of your settlement. Further, the lien granted by 33-931 extends to all claims of liability except health insurance and Underinsured or Uninsured motorist coverage (UM/UIM proceeds). So lets assume that the driver who hit you only has $15,000 of insurance coverage. As lame as that sounds that is actually a common issue in Arizona. But your medical bills are $175,000 ($100K in Hospital and Ambulance services + $75k in all other doctors) – all $175,000 has liens. You were smart and bought UM/UIM coverage under your automobile policy (And yes, UM/UIM auto insurance covers you on your bicycle so long as you are hit by a car!). Your UM/UIM is $250,000.

Is the Medical Lien Perfected?

The basic gist in this pretend scenario is that your bills of $175,000 may only be paid out of the $15,000 thanks to A.R.S. 33-931 and may not tap into the $250,000 UM/UIM. There are some notable exceptions, and of course the statutory reimbursement rights of medical providers just can’t be that easy. Lets review some of the rules pertaining to when medical liens are valid or invalid.

  1. The lien must be perfected or it is invalid. A.R.S. 33-932
    1. Among MANY other requirements (i.e. specific names, dates, amounts, etc.) there is a strict 30 day rule. The medical provider must record it’s lien within 30 days of providing the last treatment to you as the injured cyclist.
    2. Hospital & Ambulance Service Exception: the 30 day rule is waived and altered for hospitals and ambulances. They merely have to record the lien 30 days prior to the case settlement date or judgment payment date. A.R.S. 33-932(D).
  2. R.S. 33-931 & 33-932 Only applies to medical care providers and not to injured cyclist’s own health insurance, Medicare, or AHCCCS, etc. Health insurance liens are entirely different.

Medical LiensPerfecting a lien in AZ is tricky business. Lets get back to our story and highlight a few facts to better explain how this lien could go several ways. So now you have your settlement totaling $265K ($15K from the driver + $250K from your own UM/UIM insurance coverage). The hospital and ambulance liens are $100K and the other doctors are $75K. Lets assume that all of your medical providers strictly complied with the lien requirements and timely perfected their liens. In this example all $175K is only subject to the $15K with no balance billing to the UM/UIM. And any amounts wherein a lien was not timely filed would be subtracted from the $175 and declared invalid by your experienced bicycle lawyer.

Do I have to Reimburse my Health Insurance Because of a Subrogation Lien?

More common is the fact that your own health insurance is notified by the medical provider (and in some cases by you) that you are seeking treatment. This is a wise idea so that the Medical providers to bill you directly for the services they provide. Remember that lien or no lien you are responsible for paying for the medical services you receive. A lien simply makes a portion of those funds mandatory to pay before you get paid when the case settles.

If and when your health insurance pays the hospital for its services, there will be a balance created between the medical provider’s (hospital, doctor, etc.) bill/lien and the amount your health insurance actually paid. Your health insurance is entitled to reimbursement for the monies it paid out on your behalf when a 3rd party (i.e. the driver) is responsible for the bike crash. This is called a subrogation lien. Unlike the other liens we discussed so far, a subrogation lien can collect from the UM/UIM portion of the proceeds!

Subrogation liens are also tricky business as they are typically federal in nature and fall under the ERISA statutes. ERISA sec 502(a)(3)(b) grants a civil enforcement action – a.k.a. a reimbursement action for payment on medical services by your health insurance. There are a ton of complicated ERISA issues your attorney must understand before dealing with an ERISA lien including such things as whether or not the plan was self funded, etc. These variables may invalidate the subrogation lien your health insurance is claiming.

So in our little story if the $175K in liens totaled approximately $125K in subrogation liens (just a hypothetical) then your settlement of $265K can be tapped for the full amount of $175K since the subrogation liens apply to UM/UIM proceeds. Of course, an experience bicycle lawyer will negotiate those liens down for you and not just blindly pay them out. That way there is always more money for you the client – which goes right in your pocket. That is the awesome news!

If there are no valid subrogation liens, or your insurance company has not notified you and/or your attorney of a lien then you may cautiously proceed with settlement disbursement with appropriate waivers in place so long as you and your attorney understand the risks. If you or your attorney decide to inform your health insurance company that the treatment sought was due to a bicycle accident where a 3rd party (the at fault driver) is responsible for paying then you may open yourself up to adding a subrogation lien when arguably there may not have been one that existed until you notified them. Many attorneys advise their clients to proceed with notification of settlement to their health insurance company so as to not risk a lawsuit later to collect on an ERISA reimbursement (i.e. Subrogation lien).

What Do I Do if I Get Medical Bills in the Mail? How Will My Bills be Paid Until My Case Settles?

Surprisingly this happens often. Your choices are actually quite simple, perhaps not comfortable, but simple. You should understand first that the at fault driver’s insurance company could careless if you are getting billed by your doctors and hospitals. They will not pay these bills during your treatment and will only maybe pay them after your done seeing ALL of your doctors. So what happens to the bills you keep getting in the mean time? Just as in any other billing or collection effort, sadly you are initially responsible for handling your medical bills. Your options are:

  1. Pay them your self. Retain all receipts and submit them to your attorney who will argue for reimbursement of these expenses on your behalf as part of your case. This is unrealistic for most clients.
  2. Submit them to your health insurance and have them cover your expenses. This of course may result in a subrogation lien, but at least you are not initially out of pocket. Keep track of all your co-pays and deductibles as you are entitled to reimbursement of those expenses and costs as well.
  3. Contract with doctors who will work on a lien basis for you. In other words, the personal injury industry is well established and there are medical providers who see patients and hold off on their billing until your case settles. They then they get paid out of the proceeds of your settlement based on their liens they put in place. And, as is typical, their liens will most likely be negotiated.
  4. Apply for a loan against your projected personal injury settlement which you can then use for payment of your medical expenses. I have serious reservations about this option as the case is rarely so easy to determine value. Worse, your loan comes at a cost of interest, fess, etc. that these industry specific injury loan companies love to charge. Most often the loans are not easy to get either.
  5. Do nothing and go into collections. Bill collectors begin calling, and doing their thing. Eventually when you receive your settlement proceeds you can begin paying them.

Medical Liens in Your Bicycle Accident Case Conclusion

In conclusion, liens are a tricky business and best handled by an experienced bicycle lawyer. You may end up with Medicare liens, Medical Provider liens, subrogation liens, lien perfection and timing issues, and more. Be sure that the liens are fully dealt with prior to accepting any money in your case from your attorney. Insist that you see proof of payment and a balance sheet showing the total funds disbursed and to whom. Liens can bring bad news, worse news, and sometimes awesome news!

Arizona based bicycle accident lawyer Ben Dodge

Ben-&-BikeIf you, or someone you know were injured in a bicycle accident caused by road debris, hire a personal injury attorney who is experienced and has a successful track record. Ben dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States.

Ben Dodge has represented and assisted bicycle accident victims across the entire united states. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the country. It isn’t uncommon to spot him in early morning hours out riding his bike. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.

Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

In recent years there has been approximately 700 bicycle fatalities in the united states every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • the applicable local, state, and federal laws underlying your case.
  • your cyclist’s rights, obligations, and any potential liability.
  • the process, procedure (in and out of court), and the time frame required to conclude your case.
  • the value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of bike accident attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. there is never an obligation for a complimentary consultation with Mr. dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to mesa, phoenix, tucson, yuma, gilbert, peoria, glendale, scottsdale, ahwatukee, tempe, chandler, prescott, sedona, flagstaff, surprise, kingman, page, lake havasu city, payson, goodyear, buckeye, queen creek, paradise valley, show low, winslow, maricopa, nogales, globe, avondale, cave creek, fountain hills, apache junction, carefree, wickenburg, pinetop-lakeside, strawberry, anthem, safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states.

Ride Smart. Ride Safe. Ride Insured.

So you own a car worth $5,000 or more and that puppy is insured for sure. You own a bicycle for $2,500 or more (in most cases a lot more!), and you realize that you may even spend more time on your bike than you do driving your car. You realize that you might actually be at more risk and in more danger riding your bicycle than you are driving your car. Yet you don’t have bicycle insurance! This just doesn’t make any sense. There are over 2,000 reported bicycle accidents per year in just Arizona! Yes, that is reported accidents that involve a motor vehicle. What happens when you crash your bike – and there is no car involved, or the car drove off, or the driver doesn’t carry any/enough insurance? Who will pay to replace or repair it? Who will pay your medical bills? What happens if your bicycle is stolen? Who will pay for your new bike then? What about roadside assistance on your long rides? Who will pay for that? EXACTLY my point – bicycle insurance should be a must have for every cyclist and would cover you in all of these circumstances. Typically the cost of the insurance is cheap and can be just a couple hundred dollars per year!

Bicycle Race Accident

There are lots of bicycle wrecks each year that do not involve an at fault driver. There are lots of bicycle thefts each year as well. The accident can even be your fault and potentially you may still be covered. Most of us ride bicycles that worth well over $5,000; especially when you add nice wheels, shoes, helmet, lights, a Garmin computer, clothing, etc. Why the heck wouldn’t you want that insured in case of theft or accident? I know I would. I have all of my bikes insured and have actually had to use the policy as well. So glad I had the insurance when my bike was stolen!

Imagine that one day your riding along with your friends on a little group ride and you are enjoying every second of it when suddenly a cyclist in front of you or beside you decides to swerve to avoid a pot hole, or some road debris (or really anything you can imagine) and you wreck. You end up in the hospital and your bike is totaled. IF YOU HAD BIKE INSURANCE you wouldn’t have to worry about buying that new bike or even having to pay for all or any of your medical expenses. Imagine you go down in a criterium race or any other event including a MTB race or road race, or even a triathlon. With insurance your bike and your medical bills would be covered. How about a stolen bike or even a bike damaged during transportation to and from an event/ride? Again, your bicycle insurance would cover it.

There three major bicycle insurance companies doing business in the U.S. They are Velosurance, Big Ring Insurance, and Spoke Insurance. All three of them offer virtually the same style of coverage plans and options. Velosurance is underwritten by Markel and is therefore my personal top choice. Markel is a very large, well respected, and “A” rated insurance company in the U.S. I feel more secure knowing their long history and happily endorse them.

Here is a typical bicycle insurance coverage summary (this one from Velosurance):

Policy Coverage Home Owner Policy Renters Policy
Insured at Full Value Possibly Possibly Yes
Crash Damage No No Yes
Theft Coverage Limited Limited Yes
Theft Away From Home Possibly Possibly Yes
Vehicle Contact No No Yes
Personal Liability Possibly Possibly Yes
Replacement Bike Rental No No Yes
Event Fee Return No No Yes
Cycling Apparel Insured No No Yes
Medical Payments Possibly Possibly Yes
Racing Coverage No No Yes
Electric Assist Bicycles No No Yes
Bicycle Airline Shipping Coverage No No Yes

Here is a summary from Spoke insurance:

Bicycle Policy Coverage SPOKE Homeowners Renters Auto
Theft – From Home X
Theft – Away From Home X
Damage X X X
Liability
Motor Vehicle Contact Protection X X
Uninsured Motorist X X
Hit and Run X X
Medical Payments X X
Racing Coverage X X X
Rental Reimbursement X X X
Accessories X
Roadside Assistance X X X
Free Partner Tow X X X
Electric Bicycles X X X
No Loss Renewal Discount X X X

Both coverage summaries are pretty identical and very typical. I recommend getting quotes from each of the companies and then comparing value, client experience, etc. to help make your final decision. At the end of the day the best advice I could give you is: buy as much insurance as you can afford! UIM/UM coverage on your auto policy along with an umbrella should ABSOLUTELY be a must. Bicycle insurance a no brainer. Again, buy as much as you can afford. It only takes one wreck to change your life for ever. Riding smart and safe while out on your bike would definitely include riding with insurance in my opinion.

The links to the three insurance companies are here:

velosurance logo

spoke-logo-sml

big ring logo

Arizona based bicycle accident lawyer Ben Dodge

Ben-&-BikeIf you, or someone you know were injured in a bicycle accident caused by road debris, hire a personal injury attorney who is experienced and has a successful track record. Ben dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States.

Ben Dodge has represented and assisted bicycle accident victims across the entire united states. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the country. It isn’t uncommon to spot him in early morning hours out riding his bike. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.

Ben Dodge is a proud member of Bike Law. Bike Law is a national network of elite like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

In recent years there has been approximately 700 bicycle fatalities in the united states every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • the applicable local, state, and federal laws underlying your case.
  • your cyclist’s rights, obligations, and any potential liability.
  • the process, procedure (in and out of court), and the time frame required to conclude your case.
  • the value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of bike accident attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. there is never an obligation for a complimentary consultation with Mr. dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Arizona Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to mesa, phoenix, tucson, yuma, gilbert, peoria, glendale, scottsdale, ahwatukee, tempe, chandler, prescott, sedona, flagstaff, surprise, kingman, page, lake havasu city, payson, goodyear, buckeye, queen creek, paradise valley, show low, winslow, maricopa, nogales, globe, avondale, cave creek, fountain hills, apache junction, carefree, wickenburg, pinetop-lakeside, strawberry, anthem, safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states.

Most people get the fact that insurance companies only stay in business by paying out as little as possible, if any at all. One of their favorite games is to play what I call the “Insurance Shuffle.” Typically they will start off pretty strong in the beginning, and then switch you to a variety of other claims adjustors or “Senior Claims Reps” before every settling. Many insurance companies have bonus structures set up for their agents based on how little they pay within their range of settlement discretion. If there is any wiggle room whatsoever in a case these initial claims adjustors try and stick it to you making it seem like your case has zero or very little value. They will often come up with crazy reasons as why the medical treatments you received are not related to your accident, or are not justified by it. Anything to lower the value of your case.

If you are persistent and can present the facts in a clear and reasonable manner then you eventually you can get them to bump their offer up. In this case the Hartford insurance company insultingly increased their offer by about $500-$2,000 per counter offer. They were barely even covering the medical expenses of my client. It has been 1.75 years of brow beating negotiations where they have continued to try and take advantage of my client. The offers and acceptance of liability on their part were like pulling teeth – notwithstanding their insured driver had been clearly cited for blatant violations of the traffic laws and run right over my cyclist.

So, after almost two years of frustration my client and I counseled together and I explained that filing a lawsuit would be the next step. The current low settlement offer on the table would barely cover their medical expenses and this was unacceptable to both of us. I knew that once we filed the law suit we would likely get to discuss the merits of the case with the Hartford’s legal team as opposed to the claims adjustors who we had been dealing with thus far. Happy and eager to file the suit on behalf of my clients we prepared a great law suit and served it on all relevant parties. Waiting the required 20 days for their response was a suspense that I am accustomed to. just a couple of days before the 20 day deadline we received a letter faxed to us from the Hartford. Was it from their legal team? Nope. They had pulled the “Insurance Shuffle” and assigned us a “Sr. Claim Rep” for any “further correspondence” and for “further handling.” You can see the letter below:

Classic "Insurance Shuffle" Letter
Classic “Insurance Shuffle” Letter

I admit I am not surprised. This is Hartford’s policy. Eventually because of the law suit I will be talking to their legal counsel. But for now, they are attempting once again with someone who apparently has more authority to settle at a higher amount than the prior adjustors we had previously been dealing with. The letter even stated that this new “Sr. Claim Rep” can “better serve” me and my client. I wonder how? And if so, then why not assign them to us earlier when I had emailed them a copy of my law suit weeks before I filed it stating that they should entertain reasonable negotiations with us or we will be forced to file this suit. Instead, they continued to play hardball and forced my client to file a law suit.

This is the “Insurance Shuffle” in one of its many varieties… Yes, there are many faces to the Insurance Shuffle including but not limited to the: lets “better serve” you by assigning you a senior claim rep at the last moment after we have made you file a law suit. We can just shuffle them around until they are tired of chasing us and then maybe they will finally settle this case. Well, that doesn’t work at my firm. We don’t stand for those games. Our insurance companies have two very simple and clear alternatives when dealing with us:

  1. Be fair and reasonable and pay what our client deserves and we will settle out of court; or
  2. Be unfair and unreasonable and we will file a law suit against them. End of story.

I have attached a copy of the letter for your viewing pleasure. It has been redacted to protect my client’s privacy. The red lined additions and notes are mine so you can see what they were doing. Really, after a while you just shake your head and laugh it off in my line of work wondering why they keep playing the same games… Don’t they know we will just sue them?

Be safe out there and ride it like you stole it!

Ben Dodge, Cyclist & Bike Accident Attorney

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Arizona bicycle accident attorney Ben Dodge

Ben Dodge - Arizona Bicycle Lawyer

If you, or someone you know were injured in a bicycle accident caused by road debris, hire a personal injury attorney who is experienced and has a successful track record. Ben dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles.

Ben Dodge has represented and assisted bicycle accident victims across the entire united states. As an avid and competitive cyclist himself, Mr. dodge currently participates in national and local cycling events all over the country. it isn’t uncommon to spot him in early morning hours out riding his bike. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.

Ben Dodge is a proud member of Bike Law. Bike Law is a national network of elite like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

In recent years there has been approximately 700 bicycle fatalities in the united states every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • the applicable local, state, and federal laws underlying your case.
  • your cyclist’s rights, obligations, and any potential liability.
  • the process, procedure (in and out of court), and the time frame required to conclude your case.
  • the value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of bike accident attorneys, PLC at 1.855.663.3922 (855.one.ez.call). Mr. dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. there is never an obligation for a complimentary consultation with Mr. dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Arizona Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 480.656.8334.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main offices are located at:

Mesa Arizona (home base office)
4824 e. baseline rd., suite 124
mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback rd., suite 700
phoenix, Arizona 85016

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to mesa, phoenix, tucson, yuma, gilbert, peoria, glendale, scottsdale, ahwatukee, tempe, chandler, prescott, sedona, flagstaff, surprise, kingman, page, lake havasu city, payson, goodyear, buckeye, queen creek, paradise valley, show low, winslow, maricopa, nogales, globe, avondale, cave creek, fountain hills, apache junction, carefree, wickenburg, pinetop-lakeside, strawberry, anthem, safford, and more. Ben dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states.