Motorcycle Accident

[Ford1288]

Hey guys, I know a lot of you are fellow riders so I am looking for some advice. On Thursday I was hit by a lady while I was on my GSXR. I broke my left forearm and banged up my left knee. I go into surgery on Monday.

My questions are what should I expect or do? I have read that the lawyer route could take months or years but sometimes it's worth it. Has anyone had luck negotiating with the insurance company themselves?

Any advice/ suggestions would be appreciated.


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[jbs$]

Been there and done that, get a lawyer. The insurance company will not negotiate with you in good faith until you do. You should expect to settle the damage to your bike first, then work on the damages to you and your loss of income while you recover.

 

[SHOdown220]

First off hate to hear about the accident but glad you are mostly ok. I pray the day never comes when someone hits me on my bike. I would go the lawyer route as stated already, make sure you are compensated for the bike, medical bills, pain and suffering, and loss of work. Good luck and get well soon!

 

[COBRA_ESQ]

Been there and done that, get a lawyer. The insurance company will not negotiate with you in good faith until you do.

and usually not until litigation is commenced.

Contact a lawyer, you need a professional.

 

[Anabolic]

you'll never get the settlement if you negotiate yourself, get yourself an attorny. BUT any settlement make sure the account is under your control & you just cut the attorny a check (10%) or WHATEVER on your own TERMS

 

[1Bad04Mystic]

Damn that sucks, well at least you made it out with somewhat minor injuries(compared to the alternative). Definitely get a lawyer involved so the insurance company doesn't dick you around. Do you think they will try to fix your bike?

 

[truebluedevil02]

My best friend went through a very similar thing. He was sitting at a red light, wearing a seat belt, at a dead stop and was rear ended by a truck with a trailer hauling nearly double the load rating of the truck. He was completely NOT at fault, lost his job, and was only 18 at the time. He has 2 herniated disks in his neck and severe nerve damage to his shoulder. He will never fully heal.

My friend got screwed out of hundreds of thousands of $ simply because he didn't wear a neck brace long enough. That is what his whole case came down to. A neck brace. He was told not to work so he didn't. For 6 whole years he stayed at home, and did everything he was told. It didn't matter. The insurance company had a PI following him and documented him not wearing his neck brace, one time, and he lost everything. For losing 6 years of his life, he got $50K before expenses. He came out with nothing after paying the attorneys and backed up medical bills.

1: Get an attorney
2: Do EXACTLY(to the letter) what the Dr. tells you to do.
3: Go to every single apt you have, on time.
4: Wear every single brace they tell you to wear for as long as they say to wear it.
5: Take it easy, dont ride until this is finished, dont do anything strenuous until this is finished.
6: Above all else, get ready to dig in. They can drag cases out for years some times.

 

[Camaro_94]

Lawyer up! Insurance companies are out to **** you after something like this happens. It will be worth it.

 

[Ford1288]

My best friend went through a very similar thing. He was sitting at a red light, wearing a seat belt, at a dead stop and was rear ended by a truck with a trailer hauling nearly double the load rating of the truck. He was completely NOT at fault, lost his job, and was only 18 at the time. He has 2 herniated disks in his neck and severe nerve damage to his shoulder. He will never fully heal.

My friend got screwed out of hundreds of thousands of $ simply because he didn't wear a neck brace long enough. That is what his whole case came down to. A neck brace. He was told not to work so he didn't. For 6 whole years he stayed at home, and did everything he was told. It didn't matter. The insurance company had a PI following him and documented him not wearing his neck brace, one time, and he lost everything. For losing 6 years of his life, he got $50K before expenses. He came out with nothing after paying the attorneys and backed up medical bills.

1: Get an attorney
2: Do EXACTLY(to the letter) what the Dr. tells you to do.
3: Go to every single apt you have, on time.
4: Wear every single brace they tell you to wear for as long as they say to wear it.
5: Take it easy, dont ride until this is finished, dont do anything strenuous until this is finished.
6: Above all else, get ready to dig in. They can drag cases out for years some times.

Something like this is exactly what I want to avoid. I just want things to be done quick, easy, and fair. I just don't know how to tackle this or where to start as far as compensation.

The bike is already at my shop of choice. Considering not riding anymore after this one.


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[Camaro_94]

Something like this is exactly what I want to avoid. I just want things to be done quick, easy, and fair. I just don't know how to tackle this or where to start as far as compensation.

The bike is already at my shop of choice. Considering not riding anymore after this one.


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Typically they won't settle fast regardless... And don't even expect anything close to fair unless you get a lawyer, and it will be a hell of a lot harder top if you don't take that route.



I got into a serious accident a few years back. I had to be airlifted to a hospital. I was the passenger in the car and their insurance company didn't want to pay my medical bills. I don't want to get into it, but they tried ****ing me. I didn't want anything but that. They tried playing games with me so I got a lawyer to handle all that shit for me. That alone made it worth it.

Trust me and everyone else here when they say to get a GOOD lawyer.

 

[KurtDog]

Like everyone else said, lawyer up.

Don't sign shit unless your lawyer reads it first.

 

[canibus]

Sorry to hear, good luck.

 

[CobraBob]

Typically they won't settle fast regardless... And don't even expect anything close to fair unless you get a lawyer, and it will be a hell of a lot harder top if you don't take that route.

I got into a serious accident a few years back. I had to be airlifted to a hospital. I was the passenger in the car and their insurance company didn't want to pay my medical bills. I don't want to get into it, but they tried ****ing me. I didn't want anything but that. They tried playing games with me so I got a lawyer to handle all that shit for me. That alone made it worth it.

Trust me and everyone else here when they say to get a GOOD lawyer.

That is not always true. It can depend on the extent of your injuries and your treatments/rehab, and whether you want it to go to trial. I was hit by a kid and had minor injuries, but I required about 2 months of rehab. I decided to get an attorney because his insurance company was not cooperating like I thought they should. Within three months (as soon as the rehab ended) they settled out of court. That was pretty fast IMO. I had the option to take the case to a jury trial or go with a settlement. I wasn't looking to score big dollars and didn't want to wait for the trial to get my settlement so we settled out of court.

 

[Chosyn1]

Sucks to hear that..had something similar happen to me in my mr2 a while back and I would def recommend a lawyer..

 

[WHITESVTCOBRA]

Last time I got hit by a drunk hit and run driver, located his vehicle and then filed against his insurance. They kept trying to play hard ball...luckily for me just the threat of an attorney fixed the issue and I didn't actually have to retain one.

 

[COBRA_ESQ]

BUT any settlement make sure the account is under your control & you just cut the attorny a check (10%) or WHATEVER on your own TERMS

I don't know if it is statutory or a matter of practice but in 20+ years of practice I have never seen a check written directly to the client, it is almost always written to both the client and the law firm (although sometimes just to the law firm). Even in settlements not involving an insurance company I have the check written to the firm because it gives me a complete paper trail and the client is much more likely to keep all the money and screw the attorney than the other way around.

Lawyer up! Insurance companies are out to **** you after something like this happens. It will be worth it.

They are not out to screw **** you. They are in the business of collecting premiums and minimizing the payment of claims which helps keeps premiums down and yes, profits up for stockholders/members.

My friend got screwed out of hundreds of thousands of $ simply because he didn't wear a neck brace long enough. That is what his whole case came down to. A neck brace. He was told not to work so he didn't. For 6 whole years he stayed at home, and did everything he was told. It didn't matter. The insurance company had a PI following him and documented him not wearing his neck brace, one time, and he lost everything. For losing 6 years of his life, he got $50K before expenses. He came out with nothing after paying the attorneys and backed up medical bills.

I am sure there was more to it than not wearing a neck brace. There is a lot of fraud committed by plaintiffs claiming that their injuries limit what they can do and the video tape shows them lifting boxes, shooting hoops, etc. And who told him to stay out of work for 6 years? The doctor, then the medical records should back it up and there was no reason to short settle. Even if he could not do his old job, he is still obligated to find a job he can do even if it means retraining.

If he case was worth so much more than the settlement offer why did it not go to trial? :shrug:

 

[railroad]

Be sure to NOT accept any checks, even without signing off.
Acceptance can equate to agreement of terms, ie settlement.

 

[RDJ]

Something like this is exactly what I want to avoid. I just want things to be done quick, easy, and fair. I just don't know how to tackle this or where to start as far as compensation.

The bike is already at my shop of choice. Considering not riding anymore after this one.

this is why I dont' ride a bike. as much as I would love to I settle for a convertible cobra.

trueblue was spot on with his advice. I would add that your priorites should be:

1. your medical bills

2. the bike fixed

3. your attorney's fees

4. pain and suffering.

I would be looking for compensation + attorney's fees. His fee should not come out of your settlement. and I am a proponent of don't sue for more than you would be willing to pay if the situation were reversed.

yeah insurance companies will screw people over but that does not mean you should add to the problem. it will NOT likely be quick, but it can be reasonably fair if you are reasonable in your demands.

I am assuming that she got the ticket ?

 

[RDJ]

Be sure to NOT accept any checks, even without signing off.
Acceptance can equate to agreement of terms, ie settlement.

:lol: :lol: you are partially right. if they mail him a check he can put it on his counter and not cash it. that is deemed as non-acceptance. he can send it back to them, that is deemed non acceptance, but if he cashes it he has accepted and will not be entitled to sue for anything else

which is why it is important to get a good attorney now instead of waiting

 

[Juiced 66]

I've been in two accidents where I was injured. Both times I had broken bones, and the other person was at fault. I never contacted an attorney, I just went on with my life, and let my insurance, and their insurance hash it all out. In both cases I was contacted by the at fault drivers insurance company and they asked to settle. I took $15,000 on one case and $10,000 on the other. If they hadn't contacted me I probably never would have even bothered with it. I had my health, and I was healed and that was most important. I just don't think it's always worth it to spend my life fighting for free money. That's what's wrong with our legal system.. Too many people looking for a handout. Now if you have an injury that's going to change your life forever, like say you'll never walk again or something then that's one thing, but if you just broke your arm and got some road rash just heal up and let the insurance company pay your medical bills and fix or replace your bike.

Just my opinion.