Insurance can be confusing in a car-bicycle accident
By NANCY PARADIS
Published March 21, 2004
In August, I was knocked off my bicycle by a car that was leaving a parking lot on Belcher Road in Largo. The driver was looking the other way and didn't see me. I knew I didn't have any broken bones, but the front of my bike was bent, so I told the driver to call the police, which he did. The officer who responded said we were both guilty, the driver for hitting me and my fault was riding on the sidewalk. The officer did not cite either of us. I used a hammer and screwdriver to straighten out my bike and went home with it wobbling.
I don't have a car and depend on my bike to get around and go to the store. I am 71 years old and am alone in the summer. The next day, I was black and blue on my buttocks and legs in addition to being very sore. I called the Largo Police Department to check on the rules for riding a bike on the sidewalk since the traffic zooms by on the road and there is no bike lane on Belcher. The person who answered told me I had been given misinformation the previous day and he would send the officer back to my home. He came over and was so sorry and wrote up a report. He said he would take care of calling the driver's insurance company.
The insurance agent told me in October that I should contact my insurance company since Florida is a no fault state. What should I do? Rosalie Ceschi
Response: Bob Lotane, spokesman for the Florida Department of Financial Services, which oversees the Department of Insurance, gave these three possible scenarios for filing a claim for injuries sustained in an accident involving a vehicle: If you own a car, then you would file under your PIP (personal injury protection). If you do not own a car, then you would file under a family member's insurance if you live with that person and he or she owns a car. If neither situation applies, you would file under the PIP of the owner of the car that hit you. This appears to be your case. When, or if, you file under the driver's PIP, Lotane said be sure to let the insurance company know that you do not own a car or live in a household with a family member who owns a car. PIP is no-fault, so it does not matter whose fault the accident was.
As for your bicycle, Lotane said you can file under the other party's property damage liability. He said this situation may be a contributory negligence situation. All you can do is file and see what happens.
If you continue to have problems filing your claim(s), then call the department's toll-free helpline at 1-800-342-2762.
Time ran out
Several months ago, the Coca-Cola Co. ran a contest for 50,000 SkyMiles from Delta Airlines. This was printed on the soda labels. It said no purchase was necessary. I sent in five winning bottle caps but have received nothing. I called the 800 number and the first time it said I did not complete the rules. The second time it wanted me to sign up for a SkyMiles account. Since the contest rules said "no purchase necessary" and I cannot afford a flying account, I did not sign up. I wrote to the same address I sent the bottle caps to, but my letter was returned marked "box closed." Can you help me? Carol Blasius
Response: We can't help you get a prize, but we can tell you to stop waiting for one. You said you sent in the bottle caps several months ago. Unfortunately, the rules state that the grand prize had to be claimed by March 10, 2003, and other prizes by Feb. 21, 2003. In other words, according to the generally accepted meaning of the word "several" - more than two but not many according to Webster's New World College Dictionary - you missed the deadline by, uh, at least several months.
However, we do not think your bottle caps were winners. Again referring to the rules, winning caps had to include a code number followed by an eight-digit number. Your bottle caps have only a combination of eight letters and numbers.
Had you wanted to play anyway, the rules directed you to send a stamped, self-addressed envelope to a post office box in Blair, Neb. Note that the deadline for receiving the request was Jan. 31, 2003. The reason your followup letter was returned is simple. As with rebates, special post office boxes are often set up to handle sweepstakes, and once the deadline passes, they are closed.
To sum up, even had you had winning numbers, it was too late to claim any prize. Incidentally, there is no cost to open a SkyMiles account. However, you must have an account to receive SkyMiles.
It's in the mail
I usually receive fliers from magazines, newspapers or stores offering merchandise or services, etc. One day a particular item from J-L Direct Inc. caught my eye and I decided to order it as a gift for a lady friend. It was a QuickStamp engraved with her name and address. I paid for the $12.94 order with my credit card and it appeared on my statement with a closing date of Sept. 29. I still have not received it, neither has my friend. Thank you in advance for your attention to this matter. Ruben Capestany
Response: Thanks for letting us know that shortly after we contacted J-L Direct Inc. on your behalf, you heard from the company and were told a new QuickStamp would be mailed to you for the lady in question. We hope you receive it soon. If not, do let us know.
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