Post Accident Advice

Discussion in 'Face Plant' started by bbtech, Nov 4, 2012.

  1. bbtech

    bbtech Computer Guru

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    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?
    #1
  2. Dolly Sod

    Dolly Sod Red Clay Halo

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    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.
    #2
  3. Falconx84

    Falconx84 Lurker

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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.
    #3
  4. Ivyleague

    Ivyleague Been here awhile

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    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
    #4
  5. Wolfgang55

    Wolfgang55 Long timer

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    30% some states are allowing for 40% off the top for all settlements.

    AS far as the other guy being at fault & w/ a ticket, that is not allowed in court, in some states, unless the other side brings up your driving record.

    Shop around for a lawyer w/ some time in court & not on TV or making a quick settlement.

    REMEMBER THIS IS REALLY IS UP TO YOU, JUST HOW FAR THIS CASE GOES....COURT ROOMS ARE USUALLY THE END.
    #5
  6. Gitana

    Gitana A work in progress

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    Do not get a lawyer. That is just shitty advice. Wait until you (a) speak with your insurance company, and (b) know whether or not you're getting screwed. Why should you fork over a good chunk of any settlement to an attorney if you didn't need one? There are several adjustors on ADV. Post up something as your post-accident insurance adventure goes along, and if they advise you to get a lawyer, get one then. Not all insurance companies will screw you. Mine haven't.
    #6
  7. SloMo228

    SloMo228 World Class Cheapass

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    This is probably good advice. Speaking as someone only a few months from being licensed to practice, a lot of what lawyers do anyway is just over-inflated bullshit that anyone could figure out on their own with a bit of persistence.
    #7
  8. cardoctor1

    cardoctor1 Been here awhile

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    ii thought i read somewhere as a good starting point. rule of thumb.pain and suffering settlement =3 times medical bills.
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  9. Anorak

    Anorak Woolf Barnato

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    Don't do or agree to anything you don't understand. Don't sign anything you don't understand. Be very aware of your ignorance of the process. The insurance company is in business to make a profit. Consult an attorney.
    #9
  10. wmax351

    wmax351 Been here awhile

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    Might even want to meet with an attorney upfront. Could be a couple hundred bucks well spent (that the insurance co may pay back later).
    #10
  11. kfsinc

    kfsinc Chaingolian Observer

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    This -- unless you know what you are doing.

    The insurance company will want copies of all your bills and an estimate for the bike damages. They will then make you an offer for that amount and want you to sign it -- and release them and their client from all further liability. Re-read the top line -- don't sign anything you don't understand. And certainly don't sign anything till you're completely healed and off the pain meds.

    At a MINIMUM, talk to a friend who is an attorney.

    I'm not advocating any sort of an over blown settlement or law suit, just suggesting that you let the pros do their job.
    #11
  12. Midnightventure

    Midnightventure -

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    I handled my own and always wondered if I screwed myself but didn't worry about it to much. I think lawyers are a large part of what is wrong with this country. Bike cost 9000 to fix. My insurance paid upfront and recovered from the other co. My injuries were 12000 paid for upfront by my medical which was taken off the top of my settlement. I ended up with about 20000 over my expenses and now at 57 still play basketball once a week. My knee that my quadriceps wasn't tore off of hurts more than the one they had to repair. I figure I got close to the other parties maximum. If I had hired a lawyer they would have gotten a third and took 2 or 3 years. I would have liked to have had some solid info back then but everybody acts like it is a big secret. Part of why I posted the actual amounts as best as I remember.
    #12
  13. bbtech

    bbtech Computer Guru

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    I really appreciate all of the advice. I had my first follow up this morning and begin physical therapy tomorrow and looking at least a few weeks or so out of work. I also got a copy of the police report from the state police. I have made a file so that I can keep track of everything. I have no idea how I am going to get my bike to a shop to have it appraised for damage. It will have to be trailered and I am in no shape to do it at this point.
    #13
  14. Tooth

    Tooth State of Jefferson

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    Follow up with your physician on the accident. Document every ache and pain you have with the injury and be as complete as you can. May times what you thought was a bruise is more serious and permanent than simply that. Do not accept payment from the other vehicles insurance company till you are satisfied that your injuries are going to heal without future problems.
    #14
  15. Falconx84

    Falconx84 Lurker

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    They should come to you or at least pay for towing
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  16. redwing51

    redwing51 Been here awhile

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    Adjuster should come to your bike.
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  17. KingOfFleece

    KingOfFleece SplitWeight(tm) waterproof seat covers

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    Get a good lawyer. You never know what will happen. As I type this I'm recovering from neck surgery bike accident related. I waited too long and missed some deadlines to file, etc. Not a bullshit suit-left turn thru a stopsign in front of me.
    #17
  18. Recker1

    Recker1 Adventurer

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    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.
    #18
  19. SxyRdr

    SxyRdr Been here awhile

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    Keep a log of mileage to/from your doctor and PT appointments. Keep track of exactly how much time you're missing from work. Keep track of every single penny and second that you have to put towards this accident. And make sure whatever gear you were wearing at the time is also included in the adjustment for your vehicular loss.



    And most important of all... heal quickly.
    #19
  20. PT Rider

    PT Rider Been here awhile

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    Lots of good advice above. One more thing---don't rush into things. Give any decisions careful thought before you sign anything.

    Read your insurance policy. Read all the fine print. If you're not 100% clear on the meaning of something, both research the terminology on the internet and call your agent for the definition and how it applies to you. Understand exactly what you've bought coverage for, and how much, and what you did not buy coverage for. For example, my Safeco policy covers personal protective gear up to $1000, limited to $500 for the helmet, depreciated 10% per year. Yours will be different, buy you need to know your details. (And I can buy more coverage, but what I listed is the standard.) Understand what subrogation is---for example if your insurance pays your medical bill, then the other insurance pays, your insurance company gets their money back out of that payment. It is fair--the bill gets paid once, not twice (once by each insurance company).

    If you get a satisfactory settlement offer for your bike and riding gear damage, go ahead and close that claim. Keep the medical claim open until you are sure that you've recovered and all the bills are in--months at best.

    About the lawyer--try without, or maybe buy a half-hour of the lawyer's time and see what they say. It greatly depends on how willing the insurance companies are to be fair with you. Yes, they are always in it for themselves, but sometimes they are also fair to the insureds.
    #20