Riding to work last month, I t-boned an SUV that pulled out in front of me. Their insurance admitted that they were at fault and they would be issuing payment for any personal property, medical bills, as well as some amount that covers such things as pain, suffering, and lost time. My insurance company already totaled my bike and issued me a check for it, my accessories and riding gear. They said they’d work with the other insurance company to collect any money they are owed. In the crash, I was hard on the brakes and tried to aim behind their SUV. They pulled out, then stopped, effectively blocking the road entirely. My front wheel hit the rear driver’s side door and my head/shoulder hit the C pillar/rear most window. It rattled my head quite a bit, and I was cut up and bruised, but mostly okay. I went to the ER to get checked out and they did a CAT scan and general once over, and was released since they didn’t see any bleeding on my brain. Since then, I’ve had lots of little symptoms of head trauma that don’t seem to be changing that much. I went to a neurologist last week who declared me unfit to race, which meant I had to cancel my plans for PIRC last weekend. She has put me on medicine and I will have to go in for more scans and checks in the near future. My question through all of this is whether or not I should be working with a lawyer. The other insurance company is not one of the major companies as I’d never heard of them before. The claim agent said she’d contact me with clear details last week, yet I didn’t hear from her. I’m starting to get concerned that all of these medical bills will start to become excessive. I’m also concerned that I’m going to miss out on racing for a lot of this year as I wait to heal. I’ve put a lot of time/money/energy into racing this year and now I’m just sitting here waiting. I’ve always been against frivolous lawsuits, but I want to make sure I get fairly covered from this crash. When it comes to pain and suffering, what is fair?
Yes on the lawyer, not for suing them but to make sure your expenses are covered.. Don't sign ANYTHING releasing the other driver or insurance company.
And don’t give them a recorded statement without an attorney. “I’m happy to answer questions, but you may not record me.”
In this circumstance, this is not frivolous, since you just want to make sure you're not on the hook for any expenses, especially since it wasn't your fault.
Once the yeller Ferraris get involved, what you want will take the back seat and Matlock will do what's best for him. That said, hell yes get a lawyer.
Yes to the lawyer, this is no different than a workman's compensation claim. Their insurance company is responsible for your care now for the rest of your life from the associated injuries and the lawyer will protect that right.
Yes get a lawyer. Especially if you rung your bell like that. I’ve had several good ones and it can take time to get back to normal. Since they were clearly at fault by pulling out and now your quality of life and play time is impacted, I wouldn’t consider that “frivolous “. Dont think of this as hitting the lottery, but you should get something back for their screw up messing with your life.
You need to call this guy.......... https://www.riderswin.com/ WERA racer and i have seen him do some great work for friends. Not sure if he is licensed in KY but at the very least he can give some very sound advice.
Like others have said, get a lawyer and don't make any statements to insurance PERIOD. On record/off record doesn't matter, just keep your mouth closed until you've spoken with an attorney. Yes lawyers suck and the process is going to get dragged out far longer than you expected, but good representation will make sure that you're getting the care you need and adequately reimbursed for your loss. Don't feel bad about doing this either. The opposing insurance sure as hell isn't going to pull any punches if it means saving them some $$$. Source: I've been in two, non-fault, accidents - one on my motorcycle where I got hit by a woman making an illegal u-turn and one where my friend and I were walking in a parking lot and got run over by a drunk driver.
i used Andrew L. Kass after getting t-boned in 2011 . he's a good dude, rider, and his first questions are not: "any open wounds or broken bones?" edit: linky: https://kassandmoses.com/team
I had very similar experience and ended up going with a lawyer. My feeling is they promise you the moon and that they're really gung-ho. Once you sign they are less so because they have you locked in and they look for a quick settlement. If I could do it over I may have taken another approach. I am not an attorney and have no legal background. The approach I would have taken would be 1. Find out what the at fault driver's limit of coverage is 2. Find out what my underinsured motorist coverage is 3. Work with the at fault's insurance company to get the maximum payout. If they are not willing to get to the max, figure out what an attorney fee would be vs what they are willing to pay you. 4. If you hit the max of at fault driver's, file a claim with your insurance company for underinsured. At any point, you can get yourself an attorney. When you do, interview them. Make sure you get a good feeling. First guy I went to was someone who billed himself as a motorcycle expert. In the meeting he kept asking me for details I had already provided - which foot was hurt, what type of fracture, etc. I didn't feel like he was listening to me and as such, I didn't go with him. I doubt that this will be doable without an attorney but in hindsight this is the approach I would have taken. This part "I went to a neurologist last week who declared me unfit to race, which meant I had to cancel my plans for PIRC last weekend. She has put me on medicine and I will have to go in for more scans and checks in the near future." is terrifying and I would attempt to maximize the payout from both companies. My understanding is that insurance companies pay based on injuries and not future injuries. I would not be in a rush to close this thing out. Mine took 1.5 years for a variety of reasons and I did not have any brain trauma.
An experienced attorney in these kinds of accidents should be able to tell you what you are entitled to claim - pain and suffering, equipment, continued medical, etc. You'll probably leave a lot on the table without consulting a qualified attorney. Good luck.
sorry for the accident, i hope you heal fully, and fast. understand, once you retain an attorney, the insurance company cannot talk to you, or negotiate with you any longer. your attorney, will speak to their legal staff. Ski
Sorry to hear. Hope it all ends up well for you. I once had an accident with bodily injury and was able to get a fair settlement without an attorney. Here's how mine went. I had health insurance that covered my medical expenses (which weren't really all that much as my injuries were less severe than yours). My health insurance company filed a separate claim against the at-fault party (I wasn't involved in this). My out of pocket expenses were covered by their insurance company and were in addition to my pain and suffering amount. I was told fair and reasonable pain and suffering is about 3x-5x your total medical bills to cover pain and suffering as well as additional costs such as time off work, travel time to docs, etc. I got about 7x medical expenses for the total settlement (out of pocket expenses + pain and suffering). If you get an attorney, they'll probably get 30-40% of the settlement amount, so, it's a matter of deciding if you feel you would get more with an attorney.
I am not an attorney, did not play one on TV, nor did I spend the night in a Holiday Inn Express. Furthermore I speak only from conversations with relatives that were injured and made the mistake of not seeking professional guidance. Injuries that you want to make sure are covered and should warrant at least a consultation with an attorney are: neck and back, and head. These can cause problems for years after the event. If you settle low, you could end up with a lifetime of uncovered expense.
Riderzlaw is supporting the sport and a bunch of riders. Maybe check them out. (I am not sponsored by them and am not affiliated in any way, but I see them enough to think about them in this case). Get a lawyer.
Lawyer up to protect yourself from being bombarded by legal "mumbo jumbo" as you have said you have had symptoms of head trauma...you don't need to be trying to decipher all of that right now. Granted, the lawyer will take roughly 30% of an injury claims the property should be cut & dry with your insurance company. Honestly, to handle all the expenses (once the neurologist bill hits) I'd keep whatever bills come to you house in an folder and drop them by the lawyer's within 2-3 days. Been through it back in '05 and had a pretty good concussion that hit hard a day or two after the incident and lasted roughly 7-8 weeks before getting back to 100%...
