LongWayToFall 0 #1 July 1, 2009 Ok, so 2 days ago I was riding home and making a left turn, when a guy who was pulling out where I was turning in didn't see me, and ran into the ride of me, throwing me off the bike. The bike is pretty tore up, although probably not salvaged. I first thought after the accident that my left ankle was broken, but x rays showed that it was only a bad sprain. My shoulder and other areas are pretty swollen and hurtin too. So, how does all this insurance thing work? I talked to my insurance lady, and they want me to call their insurance and tell my side of the story, I guess they are going to pay for the repair, medical bills, lost pay, and pain and suffering. How do you put a price on pain and suffering anyways? Right now I am working a part time job, and also help my friend out with some real estate management stuff that he gives me cash for. How do I go about proving how much I should be taking in for the week or 2 weeks I am on crutches and not able to walk? Can I even collect on the side job because I have no pay stub or anything to prove what I make? I refused the ambulance and got a ride to the hospital because I know how expensive they are, and I wasn't bleeding out or anything. I figured this might score me some brownie points with the guy's insurance. Anyways, if anyone has gone through this stuff before please give me an idea of what I am looking at, I am worried if I tell their insurance the wrong thing on the phone it will screw me up. Quote Share this post Link to post Share on other sites
downwardspiral 0 #2 July 1, 2009 Whoa! Glad you're alright dude. Be sure to add the cost of new riding gear too.www.FourWheelerHB.com Quote Share this post Link to post Share on other sites
AggieDave 6 #3 July 1, 2009 Lawyer up or you're going to get screwed.--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
iluvtofly 0 #4 July 1, 2009 Quote I refused the ambulance and got a ride to the hospital because I know how expensive they are, and I wasn't bleeding out or anything. I figured this might score me some brownie points with the guy's insurance. This could go either way. They may try to pull "Well, you didn't need an ambulance so you must not be that hurt therefore we don't owe you any money for medical bills/pain and suffering." Quote Share this post Link to post Share on other sites
NWFlyer 2 #5 July 1, 2009 It's likely they will try to get you to accept a settlement early. Make sure that you're 100% done with all your medical care (treatment, rehab, etc.) and cleared from a doctor before you even consider accepting an insurance settlement. Document all your phone calls (name, time of call, what you talked about) so you have a record. Document the work that you normally do for your side job - ask your employer to write a letter or something that says "this is what he normally does for me, at this rate of pay, for these number of hours on average." Edit to add that what AggieDave said may make sense. You may want to at least consult with a personal injury attorney - ask around for recommendations. I was hit by a car a few years back and worked with an attorney to navigate the insurance settlement. I wasn't looking for (nor did we seek or get) any kind of ridiculous amount of money, just a fair amount to cover my bills (which were around $100K), lost income, pain & suffering, etc. Getting a lawyer involved does not have to mean a lawsuit - in fact, it's in their interest as well as yours to push for a fair and reasonably quick settlement."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites
normiss 897 #6 July 1, 2009 +1 and damn I hate lawyers and lawsuits! Quote Share this post Link to post Share on other sites
d_squared431 0 #7 July 2, 2009 All I have to say is good luck! My brother in law was hit at 55 mph his bike,according to Harley was totaled. The ladies insurance was nimus said the bike is not and only wanting to pay 2300.00 and that is medical as well.My brother in law has Gieco and they are not paying either. The accident was the 3rd or 4th of Jan 09'. His bike is now(still totaled) sitting in his garage. He has a trial attorney and he has paid over 5000.00 out of his own pocket and that does not include his medical bills. Get an attorney now cause you are in for a long ride of getting jerk around.TPM Sister#130ONTIG#1 I love vodka.I love vodka cause it rhymes with Tuaca~LisaH You having a clean thought is like billyvance having a clean post.iluvtofly Quote Share this post Link to post Share on other sites
AggieDave 6 #8 July 2, 2009 Quote and damn I hate lawyers and lawsuits! I'm not a fan of lawyers either. It doesn't matter which side of the room they sit on, they're all pretty much untrustworthy; however, there are times that one is needed. A not-at-fault accident with significant injury is one of those times that they are typically needed.--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
kbordson 8 #9 July 2, 2009 QuoteQuote and damn I hate lawyers and lawsuits! I'm not a fan of lawyers either. It doesn't matter which side of the room they sit on, they're all pretty much untrustworthy; however, there are times that one is needed. A not-at-fault accident with significant injury is one of those times that they are typically needed. But in a not-at-fault accident, it should be expected that the one at fault would "do the right thing." It's a very sad reflection of societies expectations when no one can trust the other to "do the right thing" without being forced legally. Disgusting, really.... But to the OP - glad you're ok!! Quote Share this post Link to post Share on other sites
AggieDave 6 #10 July 2, 2009 Quoteit should be expected that the one at fault would "do the right thing." Yeah, well, you and I both know they don't. To top it off, insurance companies don't want to pay out for M/C accidents. The injuries are typically very expensive, so is the damage. You can take a $400 bike to the ground or a $100,000 bike to the ground. They look the same to people in cages, insurance companies want to believe what the cagers believe.--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
LongWayToFall 0 #11 July 2, 2009 Thanks everyone for the advice and well wishes. I am very, very fortunate that this was a minor accident. For just a moment between "nothing is wrong" and "I'm going to hit him" it was pretty terrifying. After the impact and flying off and hurting, it turned into just another dirt bike crash, but with harder ground, haha. Laying on pavement in pain, its funny that all you think about, is FUCK the bike is fucked up. DAMNIT. Police came and made a report, took pictures of the accident, had the little distance roller things out measuring, and whatnot. It is fairly cut and dry that its his fault, and I am sure the police report will reflect it. I think at this point I am just going to concentrate on healing up. When I am sure that I am better, than it will be time to figure out compensation for lost work and medical bills. I'll probably try to get the bike sorted out as soon as possible though. As far as lawyers, boy I sure do not want to involve them so I will see how far I can get without. If it had been a more serious accident than I would be more willing to give them a call. Right now all I want to do is get back on a bike! MotoGP is this weekend, looks like I'll have to cage it instead. Weak. Quote Share this post Link to post Share on other sites