Issue #13: Transformative Transport

Unbroken: The long road back to racing

Skyler, a dedicated cyclist with his sights set on two of the mostprestigious gravel races in Africa — the Migration Gravel Race in Kenya and Evolution Gravel Ultra Race in Tanzania — was out on a routine training ride in Portland when his world changed. A driver, without any warning or turn signal, whipped a left turn directly in front of Skyler while he was descending a residential road. The maneuver sent Skyler crashing to the asphalt, with catastrophic results. He was packaged by paramedics and taken to the hospital for emergency treatment. The impact shattered Skyler’s collarbone, ankle, rib, and sacrum at the base of his spine, as well as separating the acromioclavicular joint in his shoulder. In an instant Skyler went from skilled competitor to someone who may never be able to ride the same way again.

Skyler Bishop, ultra-endurance cyclist. Photo: James Busby for Race Around Rwanda / @jamesbusbyimages @theracearoundrwanda

The road back was complex and filled with obstacles. He endured multiple surgeries, including a second procedure to remove hardware from his shoulder. The days in the hospital were followed by a physically and mentally demanding recovery process that tested his resolve at every turn. Skyler and his wife faced not only the challenge of his rehabilitation but also the overwhelming task of navigating a labyrinth of insurance policies: the driver’s policy as well as two personal policies that kicked in when the driver’s policy proved to be insufficient for the significant injuries Skyler suffered.

The aftermath of the crash.

The personal policies were, ironically, auto insurance policies. Auto policies contain provisions known as Underinsured/Uninsured Motorist coverage, known in the industry as UIM coverage. The UIM portion of an auto policy typically covers one in any vehicle strike. This means the best insurance a cyclist can have is an auto insurance policy with large UIM limits. Even those living car-free can take advantage of this by obtaining a non-owner auto policy, which is surprisingly affordable. Strangely, auto policies protect cyclists from catastrophic losses in an uncertain world where drivers can go cheap on insurance. (For more on insurance issues every cyclist should know about see Cover Yourself! Liability Insurance for the Cyclist from the Fall 2020 issue of Rolling Resistance.)

Back to navigating the policies and claims handling. The myriad policies, along with insurance companies’ knee-jerk efforts to minimize injuries, meant a level of complexity and fighting most folks are not accustomed to. This is particularly true when one has to focus on surgeries, healing, pain, and physical therapy. This is where Bicycle Law stepped in, becoming a crucial partner in Skyler’s journey. While he focused all his energy on the difficult path to recovery, our team took on the burden of dealing with the insurance companies. We managed the multi-layered claims, even when a major insurance company initially undervalued the case. The team meticulously detailed the significant injuries and Skyler’s arduous journey to recovery, ultimately obtaining policy limits on all three policies.

The result of multiple surgeries.

We also faced a particularly thorny issue with a self-funded ERISA health insurance lien. Health insurance companies build into their contract provisions to get money from any settlement funds. But while they claim a total right, thesedemands, known as liens, can sometimes be negotiated. The worst type of liens are self-funded ERISA liens. Here, the health insurance company was initially unwilling to negotiate at all, resting on federal law entitling it to reimbursement. Through creative arguments, Bicycle Law successfully negotiated a significant reduction on the lien — a rare win in that arena.

As the legal wrangling was going on, Skyler worked on himself. Despite sustaining injuries that for many could have been permanently limiting, he refused to accept this possibility. He pushed himself at physical therapy after each surgery. Strengthening, stretching, working on surgically-induced adhesions between fascia, Skyler took steps forward, with occasional setbacks. Those who have been through this process know the struggle. Building the body back, only to have another surgery to remove hardware and have to restart the physicality, can be demoralizing. Through it all, and with the support of his family and friends, Skyler remained determined. While he missed the races he was training for the year he was struck, he used the following year’s events as his goal, keeping him focused on rebuilding.

Skyler returns to racing. Photo: Craig Schommer / @zippy_sch

Skyler’s return to riding was initially humbling. Once a commanding presence in Portland’s spandex scene, he had to start from the beginning. Tapping into his competitor mindset, he successfully returned to the bike, pushing past his physical and mental limits to once again compete at an elite level. Skyler manifested his goal: He made it to East Africa 18 months after the crash, finishing the daunting back-to-back of the Migration Gravel Race in Kenya followed by the Evolution Gravel Ultra in Tanzania. Readers can learn about Skyler’s latest African adventure, the Race Around Rwanda, in this issue’s Adventure column.