Rear ended at controlled left turn.

Discussion in 'Face Plant' started by neanderthal, Feb 16, 2019.

  1. neanderthal

    neanderthal globeriding wannabe

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    Been out of work for nearly four weeks now. Treatment thrice a week (it was daily before last week) and slow recovery.

    Had an MRI yesterday. I've got torn cartilage in L4 and L5, each one torn on the opposite side from the other. Explains why the recovery has been long and very up and down. Explains why i favor one side, then appear to favor the other side the next day. Explains why I can't stand for a long time, or sit for a long time.

    They've referred me to a pain specialist who will inject the sites with cortisone(?) proteins and painkillers magic, witchcraft, and sorcery to speed up the recovery.


    Found a new, black 2018 DCT Africa Twin for $11199. :eek:

    Just gotta wait for the money to come in from them first.
  2. twinrider

    twinrider Pass the catnip

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    Try the VFR1200X DCT first so you can make an informed choice.


    :dhorse:dhorse:dhorse

    :hide


    :lol3
  3. _Gir_

    _Gir_ Adventurer

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    Dude. The lawyer thing is not for a "big cash payout" nor seeking to punish the driver. I feel like you're trying to be nice or polite about this incident but in the end what matters most from this is your health--now and in the long term.

    You need a lawyer to ensure that you will have the required care and therapy for the rest of your life. A few others have mentioned long term issues from their collisions, I bet you won't be any different, unfortunately.

    Her insurance will likely want to settle and perhaps in a manner that may prevent you from having a follow-up claim. You need a lawyer to carefully parse thru all of that with a much better understanding of the law than you.

    Only you can look out for yourself, not us, and not her insurance. They're a business, not a charity. Don't agree to anything until---you get a lawyer.

    Also be careful with what you write here.

    Good luck and hoping for the best outcome.
  4. neanderthal

    neanderthal globeriding wannabe

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    You're making a lot of assumptions there. Specifically that only a lawyer can protect my best interests.
    Do you really think I don't know how to read and understand legal documents? And what do you know of information that has been PMd to me, here and on other sites?

    I'm quite willing to engage a lawyer. And I will if I feel the need to. Nothing so far points to that. I'll do so when i'm good and ready. IF I need to.
    Kamala, nk14zp, _Gir_ and 1 other person like this.
  5. _Gir_

    _Gir_ Adventurer

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    Some assumptions are going to be made considering we only know what you write here and I'm glad you have what sounds like broad support. I never said you didn't know how to read a legal document nor that a lawyer is the only one who can protect you. I'm highly encouraging, like many others here, to at least check the box with a lawyer before you sign off with her insurance settlement.

    We're rooting for you, sorry you had to experience all this.
    neanderthal likes this.
  6. Sniperx

    Sniperx Long timer

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    I had a forced tip over at a light. I split lanes to the front and waited between cars (legal in California). The lady on my left mistook the left turn arrow for her green and pushed me into the next car. Super minor. Some scratches to the bike and a sore shoulder. They offered to cover my first couple doctor visits and 1000.00. They wanted to total my bike. My bike was an 1150gsa, nothing new, but just a scratched tank and such. I knew the insurance company wasn’t going to be fair about this. I got a lawyer. After rehab therapy twice a week, CTs, x rays and 6 months effort...the doctors signed off. This is all out of pocket by the way....

    After the dust settled I was awarded $12,000 for injuries at $4,000 for damages. The lawyer took 1/3 of the injury and zero of the damages.

    6 years later....

    My shoulder still clicks and hurts on occasion.

    Moral: You are a smart guy. Legal lingo isn’t too hard to read. The lawyer doesn’t mean you can’t do it yourself, it represents a professional clout you don’t have. It represents a willingness to go to court and cost the insurance company more money. While yes, you CAN go to court yourself...the insurance company KNOWS you have a life and with it time constraints and physical/emotional limitations. The lawyers JOB is to do these terribly draining things so you aren’t forced to give up and settle for less than you’re entitled to.

    In this game, you have no friends that you don’t pay for and none of them are on your side unless they have something to gain from it.
    Motorius, 03WrxRob, nk14zp and 2 others like this.
  7. easyrider88

    easyrider88 POsIng PrO

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    i looked at a new africa twin last year.what do you like about the bike?i had a cotisone injection in both knees about a year ago.i was really surprised that i havent had the pain i used to have.
    neanderthal likes this.
  8. Sniperx

    Sniperx Long timer

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    If your health insurance knows it’s from an accident they may not want to pay it. They often pass the responsibility to car insurance claim.
    neanderthal likes this.
  9. neanderthal

    neanderthal globeriding wannabe

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    It'll be my third one.

    I like a lot about it. It fits me perfectly right out of the box. I only dislike the lack of cruise control, but I took my throttle lock off the old one.
  10. appliance57

    appliance57 Long timer

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    Yup - Private insurance makes money by NOT paying out claims, whether its health or auto or...
    Tarmac Kid and neanderthal like this.
  11. JoeBiker25

    JoeBiker25 Been here awhile

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    Glad you made it to tell the tale. I appreciate the granular details of the event and the aftermath.
    I am ultra paranoid at red lights due to the preponderance of distracted mini van, Prius and bro dozer drivers in lovely suburbia. When I see a vehicle coming up behind me, I raise both arms in a faux stretching motion or stand up and sit quickly (DCT Africa Twin FTW) hoping those movements alerted the driver that there is a stationary motorcycle ahead.
    Good luck with the recovery and don't be bashful about getting paid for every moment of pain you have suffered/are suffering.
    Take care man and get back in the saddle soon!
    neanderthal likes this.
  12. Tarmac Kid

    Tarmac Kid Doesn't Like Stuff

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    I've listened to enough BrotoGP to know you should call RiderZ Law with a Z.

    Sorry to read about the wreck. I know I'm late to the discussion.
  13. falcn

    falcn Squidless Soul Supporter

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    NADA says that average retail for your bike would be about $1100 higher. I did not also check AMA Black Book, or KBB motorcycle. I'd look at all three, plus search Cycle Trader to see what 2017 bikes there might be for sale in your area and see how it lines up. 10K seems like an OK offer, might be fair in your area.
  14. foxtrapper

    foxtrapper Long timer

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    Keep copies and written records. This part can get a bit messy.

    Hospitals and doctors routinely ignore auto insurance and bill health insurance. Namely yours. Your health insurance is not the one ultimately responsible for the bill though, the other persons auto insurance is.

    So, somewhere along the line, you're going to get a letter from your medical insurance, asking about these charges. They can tell these are accident related. At which point when you say "it's from a crash" they are going to go after the settlement. That's important!

    So you need to keep clear records, and send them on to the other persons auto insurance to pay. They are liable (I'm assuming typical tort liability, not no-fault state laws).

    This is why it's important to keep the settlement on the property damage very clearly separate from the medical. Go ahead and settle up on the bike, but don't settle up on the medical until you're sure you're better. This may well take years.

    At the least, while you're going through medical treatment and recovery, the other persons insurance should cover your co-pays. Maybe. Keep records!

    Ultimately, you're reach an end and they will propose a settlement. Understand this settlement includes total reimbursement to your health insurance for their costs!

    You can take the lump and settle up yourself with your health insurance, or you can let the two insurance companies duke it out directly themselves. I chose the latter, mostly because I think it gives me better leverage for years down the road when something shows up, to have my health insurance actually cover it, and not deny the claim as being part of a previous accident. I've got the letter from my health insurances attorney stating they have settled all claims and repayment.

    So, for me, my final settlement check was X minus the repayment to my health insurance.

    Again, records records records. From bills to a written log you maintain about phone calls, doctors visits, mileage, parking receipts, how you feel, etc.
  15. neanderthal

    neanderthal globeriding wannabe

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    Great post.


    I had already sent the bills to the other party's insurance for exactly the reason you mentioned; whatever settlement I get must be mine and mine only. Not one where my health insurance takes a large bite out of it.
    Motonirvana likes this.
  16. neanderthal

    neanderthal globeriding wannabe

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    Was supposed to go pickup my brother at the airport today. Went to Love Field instead of DFW. It completely fucked me up for the rest of the day. "Is this who you're going to be now? The guy who has to have someone supervise the most basic daily functions of his day? Are you going to be walking around with a group of others, drooling at the mouth with your caregiver in tow? Are you going to be able to make decisions, precisely, at work, in life, without fucking up the trajectory of your future? Are you going to be the guy who panics and shuts down simply because the guy behind him at McDonalds told him "dude, hurry up and pick something, i'm on my lunch here." Is this the moment, the point where the inexorable mental decline begins?"

    When I say it fucked me up royally, ... i was a mess. I hadn't eaten yet (1400 hrs,) and slept poorly the last few nights. That wasn't foremost in my thoughts at that time. I was convinced it was the beginning of a mental tailspin that would have me living in an assisted care facility in a few years. I'm morbid that way; my mind grasps an idea and then goes worst case scenario pretty quickly. But I had shit to do so I got it together.

    Later, going home from getting an MRI, i second guessed myself, turned around and started heading the wrong way (I'm still trying to get my bearings here, so often I guess my direction and check with landmarks to see if i'm getting acclimated to this place.) Didn't seem right, so I stopped and checked with my GPS; was right the first time. I'm not usually indecisive. Don't usually second guess myself, as i'm pretty logical (you live north east of Dallas, so head away from the sun as it sets in the west, etc.) Two incidents in one day freaked me out.

    The neurologist did say i had a concussion. I guess now I have to have a much more in depth conversation about cognitive issues, mental decline, etc.

    This has me thinking "lawyer." Prior to today I hadn't thought i had experienced anything that was above my paygrade.

    Maybe i'll call the shrink tomorrow instead of waiting for our next appointment next week.
    trc.rhubarb likes this.
  17. foxtrapper

    foxtrapper Long timer

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    Welcome to the world of concussion and TBI. It's fun. :twitch

    Skip the shrink, find the medical facility/doctor/etc nearish you that handles TBI's. It's a world unto itself. It's not a psychiatric thing, it's a physical damage to the brain thing.

    Quiet darkness is your friend. When the world gets too overwhelming, get into a dark quiet environment for a while.

    You will progressively heal. I had a doctor once describe that I'd make most of my progress in the first 6 months, and then a bit more over the next 18 months (2 years total). Overall, that's what's happened for me each time.

    There are physical therapy things you can do that help you develop coping skills and to help you recover.

    Shoot me a private PM if you wish to talk more, especially if you want it to be private.

    Two ADV concussion/TBI threads you might want to peruse through, if for nothing else some people to contact here who've been where you are.

    https://advrider.com/f/threads/worst-post-of-my-life.920884/
    and
    https://advrider.com/f/threads/concussion-blues.1239779/
  18. trc.rhubarb

    trc.rhubarb ZoomSplat!

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    It can take a long time for your head to get right... it may never be what it was.
    I wish you the best. Take care of yourself now by following the concussion protocols because this is about your only chance to minimize the effects.

    I hope you heal up well and fully.
    In the meantime, yes... this is your reality that you live in now so make sure you get a decent support system for when you need it.
    Don't be shy about asking for help. OCD type rituals can be helpful too or you may find yourself without a wallet, locked out, medicine in the fridge, etc.
    My personal favorite (I shave my head) was that i ended up only shaving half one day and leaving... or getting in and out of the shower but not actually doing more than getting wet.

    You're going to do what you want, I know I sure have... but I finally stopped riding for now because I got too damn dangerous to myself and to others.
    Two big contributors - 1. I lost my self-preservation mode and B. I now have the attention span of a gnat.

    good luck!
    Oh and the lawyer thing... the only comment I have is to take a close look at anything detailed you have written or signed off on since the accident. if you don't remember or it doesn't seem like "you", then maybe having someone else review the important stuff is a good idea.
    neanderthal likes this.
  19. fullmetalscooter

    fullmetalscooter Let me take this duck off

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    I hope you get better . I ve know how badly the type of injury you ve got can hurt and how much it can suck. Concussion can do stuff like your going through . Hope you dont end up with post concussion sysdrum which is one of the reasons I now write like crap. As to your asking about what is being offered . Well cycle trader has new ones for around 10 grand for the same one . https://www.cycletrader.com/listing/2016-Honda-AFRICA-TWIN-DCT-ABS-5007123648 https://www.cycletrader.com/2009-Honda-Africa-Twin-Motorcycles/motorcycles-for-sale?make=Honda|2316874&model=AFRICA TWIN|764962269&trim=DCT|40679,DCT ABS|50410&price=8000:10000&year=2009:2019
    Standard model start at around 9 grand new and used . It all depends where you are . https://www.cycletrader.com/2009-Honda-Africa-Twin-Motorcycles/motorcycles-for-sale?make=Honda|2316874&model=AFRICA TWIN|764962269&price=8000:10000&year=2009:2019
    It all depends on the how the dealership end up with the bike . Has it sat around at there shop for years or did they go to honda dealer auction and buy it up ? I just watch a video on youtube and honda etc when they old new stock still around warehouses have auctions that they invite dealers to bid on them. Short story is that a dealer can end up getting a bike for 30 to 60% of the original price . Hope it all works out
    neanderthal likes this.
  20. neanderthal

    neanderthal globeriding wannabe

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    Thanks man. It sucks, but i'm alive. I'm ambulatory.

    Yeah there's good deals to be found. I'd found a great deal locally, but saved $1000 by switching to GEICO going 3 hours away.
    Motonirvana and Amphib like this.