Accident update

HT_USMC

Registered
Just a quick update



Went to the doc on day 4. He checked me over and shot a couple of X-rays. Looking at the film he found a small bone chip in my hip - which explains the shooting pain from time to time. Possibly a slipped disk in my neck but I'll find that out in a day or two for sure.

Now that I have the report in hand, it clearly states it was her fault and that the officer issued her two tickets. The first for improper lane change (no signal - she admitted to that I guess). The other for not rendering aid; as it was just the two of us still sitting on the shoulder once the witnesses went to work prior to the EMT arriving at the scene and she didn't get out of the car at all.

With that said, I was contacted by an attorney who will file on her insurance to fix the bike and replace my gear free of charge, as a courtesy. They also ensure they will get her insurance to cut a check to me for the fix, versus me and the repair shop, which is what I really want. The deal is, they want the opportunity to also pursue any lost wages, cost of a rental car, any medical expenses and what I can only think is "punitive damages" over those costs (which is where they make their money) - again free of charge theoretically. Basically anything over the costs/bills (doc, rental car, etc) they want 33.3% of that remainder. This sounds more than reasonable to me as that action will probably recover a little bit more than I need to heal up and fix the bike AND it keeps me from having to spend time doing the busy work of negotiating with the insurance and being lowballed repeatedly. Anyone dealt with this type of thing? I looked over the paperwork and the like and it all seems to be on the up-n-up. I'm seriously considering it.

My only concern is any "bad ju-ju". Simply, I don't want it nor need it. I had a buddy (who's slowly working himself out of buddy status) tell me to scrape my helmet up so I could get it painted or replaced but I'm not about to do that shady crap. I want my ride to be fixed for what was damaged in the accident. Nothing more, nothing less. Normally, I wouldn't have even considered the additional damages to me given how relatively minor they are in comparison to what they could have been and would have just gone through the insurance to fix the bike - but she tried to run and showed a considerable lack of concern. I think that is what really fires me up the most. So, the gloves are off, I guess. Your thoughts?


A side note... I'm really having a hard time not thinking about the mods that I could make to the busa and the paint I've wanted to get done for a while if I received a decent award on the claim & damages. I really want to remain focused on doing the right thing and not in having any delight in my misfortune nor any misfortune she may suffer. So, please refrain from trying to cheer me up with the "think of what you could get" type of responses for now. I'm sure those will come later and will be the lemonade to the lemons I'd like to concentrate on now; no pun intended.

beerchug.gif


HT
 
Treat others the way that you would want to be treated.

With that said I would first like to commend you on your honest approach to getting your situation resolved.
Many would say "Hey, she's not paying it the insurance company is so get all you can" WRONG ANSWER! Frivolous and exaggerated insurance claims are why we all pay through the nose, especially for bike ins.

If you were injured then of course you should be compensated for you pain, lost wages, etc... Repairs to the bike should be made and should bring the bike back to equal or better then before the accident quality.

I am not sure I would work with a lawyer that chased after me. They are not looking out for you, but they are looking out to make a quick 33.3%. Find a reputable lawyer that a friend or someone has referred. Preferably one with ethics that is going to look out for your interest and not their own.
 
You do not want Bad Ju Ju....especially on a bike.

Lawyers are after money only. You should be taken care of for all of your pain and suffering, but to get punitive damages....sorry but accidents do happen. She may not have ever seen you, even after you fell this may explain why she kept going??

You probably do need an attorney, but I would seek one out on your own not a shark that pounces on an accident. I mean they called you. Have the settlement cover legal fees.

Do not sign anything with the insurance company...they can trick you into settling for not much.

Just my .02 Hope your well and things go good for you.
 
Yeah, that's my biggest reservation... they seem like ambulance chasers. However, with the advent of the digital age, I also understand that it's easy for them to see accident reports online and having someone call to inform me of how the process works has been helpful. The "punitive damages" thing is what I'm calling it due to my ignorance of what the process is - I guess it's a "pain and suffering" thing. I don't know as this is my first accident. lol

In addition. She did see me. Check the original thread for the details, please. It's this little tidbit and her responses that has me considering the "easiest" approach versus doing the legwork myself to help her out later on down the road with her premiums. I could have been really banged up and broken for all she knew. She just kept driving until forced over by those who saw it all. Then she sat in her car for an hour and a half without ever opening the door before resuming her day and going to work. She's 46 years old and she should know better.

It's just hard to find that middle ground that feels right for both of us. Honestly, I would rather err on the side of her having more skin in the game at this point than I do... as I've already left some of my skin on the turf in the first half of that game through no fault of my own. Likewise, if they came back and said I'm getting $50,000 for pain and suffering, I'd have to decline. I couldn't do that. I don't want the maximum award, I want whats "right" if there is such a thing. Hence my request for everyone's input here.

I do appreciate the input thus far. It definitely helps zero my sights so I can hit the correct target.
 
find your own lawyer...explain how you want everything done and handled...they will charge by the hour
make sure you get 1) your bike back to where it was 2) reimbursement for all expenses (medical, gear, etc.) 3) reimbursement for lost wages (not your fault you were laying on the side of the road instead of at work) 4) your lawyer's fees included in the settlement
that is a minimum...find out about the bone chip and possible disc injury before signing...i agree that taking her to the cleaners is not the right thing to do just for the sake of making her suffer BUT make sure you are covered in the future (are you going to have to miss more days of work to take her to court, have surgery, etc.)
i hope everything works out for you
beerchug.gif
 
Being honest is really the best way to proceed. Great responses and answers here so far!
super.gif
 
I was rear ended and hurt pretty bad in 99, I didnt settle my case until 2005.

Dont think that you will get a check that easy there are a lot of dispositions and trials to attend.

Go with Karma and do the right thing.

I let the insurance company pursue the trial under the guideline that the young girl that hit me did NOT have to pay out of pocket.

I didnt want her paying for the rest of her life because of my greed.

In the end I got some extra cash from the insurance company but it took a while.

Do the right thing bro, no regrets.
 
Oh and DO NOT stop going to the doctor and DO NOT cash a check until it is all done.

In some cases once that check is cashed you have agreed to end all claims. Be careful not to screw yourself.

You will regret being Mr Macho and fighting off the pain. Get treatment and follow through on every detail. And keep EVERY piece of paper.
 
(semi @ Jan. 30 2007,18:42) ... BUT make sure you are covered in the future (are you going to have to miss more days of work to take her to court, have surgery, etc.)
It's the future that I'm most concerned about. From what I understand, if I settle with her insurance on my own, what ever we settle on is all I'll ever get.

However, if I have an attorney represent me to make the claim, they can build stipulations into the settlement that cover most of the medical expenses I may incur with regard to the accident going forward for some time. I most likely would not be able to negotiate that if I called the insurance company myself. Is that correct?

My S.O. is telling me that getting an attorney is a slimy way to handle this. That I should just call her insurance and file the claim. Because I was injured I just don't see it as the same simple action a fender-bender would allow for. Also, between the paperwork, meeting with adjusters, the phone calls I've received (roughly 12 calls today), and not wanting to miss any more work - I'd much rather just have an attorney doing his job while I'm doing mine. The peace of mind that things are getting done, probably more successfully than I could have done them, while I'm carrying on about my day is huge.

Conversely, I feel that I'll get screwed over if I don't have an attorney. Without one I envision them paying as little as they possibly can to make me go away. Once I sign the check, the deal is done, and there's no going back. That's not so with the attorney.

It seems you all recommend to have someone represent me to make the claim; which is definitely the way I'm leaning. I don't plan on taking her to court. I'm just not hurt that bad - unless something really drastic changes. Obviously, if by some sheer move of massive stupidity the insurance company tries to drag it out even with the police report written the way it is... then we'll go to court, I guess. I doubt that's going to happen. At this point, it's about having an attorney file the claim for me and included in the claim is his fee. From what I understand the insurance company won't pay his "fee" so attorneys lump that under the pain and suffering clause and take their cut from that. It sucks if that's truly the way it has to be done but again, I'd rather err on the side of over protecting myself than not. Tell me if I'm wrong about that, please.

I'm not looking to take her or her insurance provider to the bank and I just want the bare minimum to make things 100% right on my end and in a way that provides some future medical security for me concerning injuries caused in the accident.

I was hoping someone on the boards was an attorney or was in the insurance business and could just point me in the right direction.

tounge.gif
 
+1 on watch what you sign, and i mean EVERYTHING. my friend lost a BIG case cause she signed a check for "repairs" and in small print it said "this is a settlement"...if it needs your signature your lawyer looks at it first.
 
I have to 2nd/3rd what others have said.

Get an attorney. Call your local Bar Association if you don't know any lawyers or have friends that have worked with any.

DO NOT go with the lawyers that call you. They are a mass lawsuit firm and don't care about you or your morals. They care about the final payout. That's part of why our premiums are so high.

Getting a lawyer is not slimy. It's you protecting you and your family. If next week you can't walk because of a disc injury and you don't have an attorney representing you, your family could be in serious trouble.

Someone said it before, make sure the attorney knows their job is to make sure your bills are covered, lost wages are recovered, future medical relating to the accident is covered for a period of at least 5 years and attorneys fees related to this cause are covered. Do not allow a final agreement until you have a clean bill of health from a Dr. regarding your hip and back. Back/Neck injuries often do not show signs of pain until well after the initial incident.

When you call lawyers ask them the vital questions. How long have they been in practice? What is their success rate? What steps would they recommend as first actions in this cause if you were to hire them? Would you be working with them directly or with their paralegal most of the time? (paralegal isn't bad. Means they're pretty busy tho and most likely more successful)

Good luck! If we can do anything, just holler.
 
I would present your case honestly, but go for the best settlement you can get. The lawyers working for her insurance company are experienced, and they're not going to give you any breaks, no need to give them any. Given her blaze attitude toward what happened, I wouldn't be concerned for what's going to happen to her insurance rates. I don't think she deserves to keep her liscence after she tried to run away. If she'd actually hit you and still tried to run, she probably would have gone to jail.

If you potentially have a problem with a disc, you could have other long-term dammage that might not present itself for years. If you do choose to have a lawyer handle your case, you might try to get a provisional settlement that covers related injury/disability if you start having spinal problems.
 
Thanks gang! You all rock.

I'm not going to worry about what the house mouse thinks about the attorney. I figure I'd be damned if I do and damned if I don't (and it turned out poorly). So I'm just going to go with my gut and take the advice everyone has given me. I've got to protect myself and the family.
 
I probably have a little more experience than most with these cases since I made a living handling personal injury claims for about 15 years.

So, a couple of thoughts:

1)  Based only on what you've said in your posts, the firm that contacted you appears to be making a fair offer.  I hate lawyers that solicit accident victims and never did it.  That said, I can see where it would be necessary in a big market (like DFW).  Ideally, you'd know an attorney or have one recommended by a friend, but that's not always possible.  The standard terms I used were always similar to what you have reported - property damage claim handled free, 1/3 contingent fee on the injuries which increases to 40% if there's an appeal.  What you'll want to know, in the fine print, is who is responsible for the expenses - you or the lawyer.  Stuff like filing fees, depositions, etc. can run several thousand dollars.  Ideally, the attorney believes in your case enough to front those costs and deduct them from the final settlement.  Beware of clauses that say they can settle the case without your approval if they can't contact you in a timely fashion - I had to sue another attorney over such a clause and it wasn't pretty.

2)  I certainly do NOT advise padding your medical expenses with unnecessary doctor visits (especially chiropractors! - nothing against them but they do seem to generally be more inclined to engage in such things).  BUT you do have certain legal rights and I'd advise you to exercise them to the fullest.  Payment of your medical bills is not enough - I can promise you that you will have residual effects from this accident for the rest of your life, especially after you reach 50+ and your body really starts to age.  You'll only get one bite at the apple.

One more note: the insurance company does this stuff for a living, you'll need someone on your side just as capable - no matter how good you may be at negotiating you don't know all the tricks - by all means get a lawyer!

Sorry to be so long winded, that's my $0.02.
 
Take the high road and get everything fixed/replaced/covered that was messed up by this chick...as for the buddy that's offering the advice on scraping up the helmet, getting more for nothing...not worth it, however, since you did go down in that helmet, scratched or not, if it hit the ground it probably deserves being looked at to ensure it's still 100% safe...general rule for helmets is that if they're dropped, they might not be okay for riding and should be replaced...

Just my $.02...don't get caught up in what you could make from this accident; get back what you deserve to make life what it was before she did this to you...
beerchug.gif
And +1 to what Willie G said; you may yet experience problems from this accident down the road, especially if you've got neck/back issues...they don't just go away...
 
Make sure that you know the full extent of the cost of your injuries. The bike is easy to assess the cost of repair, it isn't as easy for the damage to your body, especially if you damaged a disk. You could have physical theropy expenses that streach out for a while.

I would go for being made whole, not to get rich. I would have a lawyer to represent me, but I would find one myself. Don't jump on the ambulance chaser band wagon, because they will go after her for the frivilous $$$.
 
Back
Top