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Old 11-04-2012, 12:18 PM   #1
bbtech OP
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Post Accident Advice

Friday night, after dinner with the family I was riding home when an SUV decided it would be a good idea to Tbone me while I made left turn. My bike is in shambles and I got off with a concussion and severe knee strain (maybe worse) and other related bumps (lucky all things considered). The guy was cited by state police and was clearly in the wrong. I got out of the hospital later that night with 3 scripts, and . I have never been through this and so I am asking for advice on what I need to do. I did notify my insurance company who has assigned a claim number and adjuster but wondering if I should be making a claim on the other guys insurance or if I should be getting a lawyer. What do you guys think?
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Old 11-04-2012, 12:22 PM   #2
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Quote:
Originally Posted by bbtech View Post
Friday night, after dinner with the family I was riding home when an SUV decided it would be a good idea to Tbone me while I made left turn. My bike is in shambles and I got off with a concussion and severe knee strain (maybe worse) and other related bumps (lucky all things considered). The guy was cited by state police and was clearly in the wrong. I got out of the hospital later that night with 3 scripts, and . I have never been through this and so I am asking for advice on what I need to do. I did notify my insurance company who has assigned a claim number and adjuster but wondering if I should be making a claim on the other guys insurance or if I should be getting a lawyer. What do you guys think?
Sorry to hear about your accident and glad you are OK. Can't help you on the insurance info, but I can tell you that if you are interested in continuing riding, getting back on the bike as fast as you can will help from getting spooked.
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Old 11-04-2012, 12:40 PM   #3
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Most of those questions should be answered by your insurance agent. Make sure they are aware that the other guy is/was at fault when you ask them.

Always get a lawyer. The fees look crazy, but most of them won't bill you up front and insurance adjustors actually add 30% to your settlement offer if you have a lawyer. This generally covers the fees you incur.

I misunderstood part of my settlement and wound up getting screwed out of at least $5,000 that the lawyer could have either reduced or eliminated. They do this stuff all the time so they know the ins/outs of the whole process.

Oh, and don't discuss an particulars, just in case.
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Old 11-04-2012, 12:51 PM   #4
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Cool2 not just any lawyer

Never hire anyone who advertises on TV. They're not all crooks, but somewhere between many and most of them are out for their 30% with the least amount of work. Ask around; talk to more than one without committing. I'm pretty sure the 30% is from your settlement which (in Colorado) has a medical portion the lawyer can't touch and a potential cash settlement which is where the 30% comes from.
Whatever you do ( this personal opinion based on treating thousands of accident victims) DO NOT let a Chiropractor direct your "care".
See an orthopedic KNEE specialist or a Physical Medicine & Rehab M.D/D.O.

Good luck and Heal Fast
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Old 11-05-2012, 06:59 PM   #5
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Originally Posted by Falconx84 View Post
Always get a lawyer. The fees look crazy, but most of them won't bill you up front and insurance adjustors actually add 30% to your settlement offer if you have a lawyer.
This is absolutely incorrect. As a former adjuster and current attorney, I can assure you that value of your claim will not be increased because you have an attorney. You may or may not want/need a lawyer, but as someone else said, you usually can get the same amount on your own without paying 1/3 to your atty. Just don't settle until you are better and remember that their first settlement offer is NOT their last.
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Old 11-07-2012, 08:37 AM   #6
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Originally Posted by Recker1 View Post
This is absolutely incorrect. As a former adjuster and current attorney, I can assure you that value of your claim will not be increased because you have an attorney. You may or may not want/need a lawyer, but as someone else said, you usually can get the same amount on your own without paying 1/3 to your atty. Just don't settle until you are better and remember that their first settlement offer is NOT their last.
The last line in this is exactly what I wanted to say. I battled with my insurance for a solid month and ended up getting over $2500 more for my bike than their first offer.
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Old 11-13-2012, 10:26 PM   #7
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Originally Posted by Recker1 View Post
This is absolutely incorrect. As a former adjuster and current attorney, I can assure you that value of your claim will not be increased because you have an attorney. You may or may not want/need a lawyer, but as someone else said, you usually can get the same amount on your own without paying 1/3 to your atty. Just don't settle until you are better and remember that their first settlement offer is NOT their last.
^^^
This

Obviously posted by someone with experience.
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Old 11-14-2012, 09:17 AM   #8
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Since the OP sufferend concussion injuries I would definitely recommend he get an attorney involved on his behalf. Treatment of concussion injuries are not like a sprained knee, particularly if the person has had a previous concussion. Symptoms can linger for months or even years, and you need to protect yourself from potential future medical costs associated with it, and I don't believe that anyone but an attorney is capable of negotiating a settlement that can offer you this protection. A concussion is a mild traumatic brain injury, and you'd be better off with a broken bone that will heal to full or almost full function, because your brain can't, and won't.
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Old 11-16-2012, 11:39 AM   #9
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Insurance adjuster just left....says my 08 KLR is a total loss. My state doesn't allow me to buy back the bike unless it is more than 8 yrs old and so its bye bye even as a parts bike. I am having trouble with the insurance company of the guy who struck me. A "witness" alleges I was going fast prior to the accident and even though he was cited for failure to yield and I was not cited in any way and had the right of way, it begins this game of " modified comparative negligence" where they try to assign a percentage of blame to me in order to reduce that percentage of damages paid out. If anyone saw the scene, they would laugh at how anyone could have seen it that way or how other witnesses didn't corroborate that story and I was making a freak left hand turn which leads 100 feet to my doorstep. I think some people seriously have a problem/bias with motorcycles from the get go. That is why my insurance company is involved now. Anyways, the adjuster did take down a list of accessories and gear that was damaged along with the bike. I asked him personally what his experience has been when it comes to a fair amount for pain and suffering and he said 3X the medical bills (with xray and cat scan included). I suppose now its a wait and see, going to give it until after xmas and see if they come back with an offer thats fair. I do have an attorney friend who has called me an offered free advice and to take it on if necessary.
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Old 11-25-2012, 12:37 PM   #10
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Quote:
Originally Posted by bbtech View Post
Insurance adjuster just left....says my 08 KLR is a total loss. My state doesn't allow me to buy back the bike unless it is more than 8 yrs old and so its bye bye even as a parts bike. I am having trouble with the insurance company of the guy who struck me. A "witness" alleges I was going fast prior to the accident and even though he was cited for failure to yield and I was not cited in any way and had the right of way, it begins this game of " modified comparative negligence" where they try to assign a percentage of blame to me in order to reduce that percentage of damages paid out. If anyone saw the scene, they would laugh at how anyone could have seen it that way or how other witnesses didn't corroborate that story and I was making a freak left hand turn which leads 100 feet to my doorstep. I think some people seriously have a problem/bias with motorcycles from the get go. That is why my insurance company is involved now. Anyways, the adjuster did take down a list of accessories and gear that was damaged along with the bike. I asked him personally what his experience has been when it comes to a fair amount for pain and suffering and he said 3X the medical bills (with xray and cat scan included). I suppose now its a wait and see, going to give it until after xmas and see if they come back with an offer thats fair. I do have an attorney friend who has called me an offered free advice and to take it on if necessary.
sorry the insurance company is trying to screw you....i guess that's just some of them do business. :( keep your head up and all the best to you!
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Old 11-26-2012, 04:02 AM   #11
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I asked him personally what his experience has been when it comes to a fair amount for pain and suffering and he said 3X the medical bills (with xray and cat scan included).
Is this 3X after the medical insurance negotiated rate? For instance, I got a bill for the 5 hours of Emergency Room and it was $17500. But later on my insurance negotiated that down and my maximum out of pocket is $6000. So would that be 3X6000 or 3X17500? I am very interested in this thread becuase I am going through the exact same thing right now.
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Old 11-26-2012, 07:57 AM   #12
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3x medicals is an internet myth. Medical bills can often be irrespective of "pain and suffering." If you broke your femur, what would it cost for an x-ray and setting it? What if you had what appeared to be a bruise, but it was DVT and you had relatively inexpensive treatments for over a year? How much would the treatment cost relative to the mental anguish, or having your leg up or discomfort sleeping?

To put it more clearly, you can have a $1.5k broken bone bill on a weight bearing bone that disrupts every aspect of your life. It's not then a $4.5 settlement. Then, someone with a soft tissue injury that goes to a chiro, acupuncturist and massage therapist might rack up $10k in meds. It doesn't mean someone with a broken leg/arm gets $4.5 and someone with a soft tissue injury gets $30k. Medical bills, chart notes and records only provide the information to evaluate the injury, not a matrix or multiplier. Just doesn't work that way, and it tends to set people up for disappointment when this rumor gets repeated. There is so much more involved in injury settlement, medical bill amounts are one of the least important, least relevant to the settlement amount.
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Old 11-26-2012, 12:46 PM   #13
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Two Saturdays ago a young guy ran a stop sign and T boned me in the intersection. Both were one-way city streets. I was doing about 20mph and he was doing maybe 15mph. It was dark and I had no eye contact. I thought he was stopping until he drove right into me. He was looking for a parking spot and missed the sign.

His insurance company didn't flinch. My insurance company (USAA) kept me informed. No deductable will be charged me.

In 1989 I stopped at a traffic light on highway 68 between Salinas and Monterey. Old woman in a Caddy plowed right into my rear, totalling the car. I had young son in the back seat in a car seat.

Old woman's insurance company replaced my car and chased me for a PI release for a year. Since no injury surfaced for son, I finally took a payment in exchange for the release.

I think you only need a lawyer when you have a lot of money at stake.
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Old 11-30-2012, 02:14 PM   #14
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I just want a fair settlement and it just seems these Insurance companies are focused on low balling you to death. My Insurance company uses a 3rd party company called Audatex to determine value for my KLR and they come back with $3,900 minus my 1K deductible, that's $2,900. They are supposed to then try and recoup the deductible from the other guys insurance which I wouldn't hold my breath over. I could go through the other guys insurance instead but they also use a 3rd party company, also called Audatex (that's right, same damn company) who has determined the value for my 2008 KLR in great condition to be valued at $2,900. I ask you, what sort of sham is going on here that the same company comes back with valuations 1K apart? I protest and voice my objection (especially to the other guys insurance company) but how am I supposed to negotiate this (or can I)?
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Old 11-30-2012, 03:11 PM   #15
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Often insurance companies use a 3rd party valuation company. There are companies that specialize in valuations and insurance companies rely on them to get values.

Yes, you can likely negotiate the value; HOWEVER, the companies that do valuations support their values. Insurance companies wouldn't use them if they wouldn't hold up in court, meaning they have to have significant support of their values. That said, the way you get a higher value is to support a higher value.

Go on cycletrader.com, local newspapers and online resources and find as many similar motos to yours as you can. The closer to yours in mileage, age, farkles, etc the better it supports that value. Closer to your zip code also is better (values fluctuate over the state, nation). So, document your value in every way you can and submit it to your insurance company (or the other person's). One of the things this often does is show the owner the actual cash value (ACV) is lower than they thought; HOWEVER, I've also seen people's values raised based on good support and documentation. Document, document, document.
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