Topic: would appreciate advice on accident

[74cb750]

Hi All,
some of you might have noticed I have not posted much in the past month+. THis is because a cager ran a stop sign and hit me. Vehicle is totaled and my back/neck is still hurting. Police report has still not been received by my insurance carrier after 34 days, even though NH state law requires a police report be filed within 15 days with THE state.

Had to rent a car @ $30+/day.  I'm having problems running, which is what I do for a living as I'm a soccer referee, ie. headaches increase after 2+ games/day and my daily workouts have been reduced to only doing yoga, no more daily  weight training/running training as this just increases the headaches.

My problem is that most of the 14 different leagues I referee for are not very understanding of canceling participation in games. If you cancel attendance at games, then the possibility exists that you will not get more games in the future. I reduced the games I do to Under 15 year olds,ie,  no more 15 year old to college games as I can not run that fast due to the accident.

I know I will never get the $ for what the vehicle was worth to ME, butshould I just keep renting a car on a daily basis? Should I get a lawyer? (last time I did employ a lawyer, the settlement took 6 months and I only got what I paid for the vehicle, the lawyer got 50% of the settlement).

your thoughts/advice would be appreciated.

michel

[CycleRanger]

Should I get a lawyer? (last time I did employ a lawyer, the settlement took 6 months and I only got what I paid for the vehicle, the lawyer got 50% of the settlement).

michel

YES! It's pretty much impossible to make the system work otherwise. That's not a critique, simply a fact.
Unfortunately 50% is better than nothing.... 

[BomberMann650]

At this point you are going to need the best attorney you can get man.

1) the police negligence.  That's needs nipped in the bud pronto.
2) the affect on your career is a damage that will have to be debated with much legal mookery.
3) pain and suffering - without an attorney, your chances of getting paid for that virtually disappear.  With it, the medical expense of getting your body sorted out.

It's worth it.  My buddy nearly lost a leg in a motorcycle collision.  His attorney fought for a couple years trying to get the best payout possible.  Which unfortunately was max capped somewhere in the low six figure numbers.  But he wouldn'g have seen any of it had him and his wife just filed the forms themselves.

[flybox1]

^^ Agreed. 100%
This isnt about sticking it to the party at fault. 
This is about being properly compensated for a life-altering event.

[Jerry Rxman Griffin aka MuthaF'er]

If it was obvious and he ran a stop sign then - YES. Do not wait any longer to get an attorney! Do not accept an offer from his insurance either as you will definitely be low balled. Perhaps money won't make you complete but it will make you more comfortable and get you another bike. The bike is of no real consequence with what you have been through. It's minor.

Forget 'police negligence'. They weren't involved in the accident and they probably filed the report but just didn't get it to your insurance. I'd bet there may be no requirement for a specific time for that. An attorney will take care of everything for you without you having to worry. You won't be 'sticking it to the party at fault'. The attorney will be going after his insurance, which is why we all have to carry insurance, and possibly the uninsured/under insured component of YOUR insurance. This part would be no-fault to yours. The more he gets from insurance the larger his 1/3 cut is so he will work hard for you.

[SOHC4 Cafe Racer Fan]

^^ Agreed. 100%
This isnt about sticking it to the party at fault. 
This is about being properly compensated for a life-altering event.

Yes.  This is not about gutting someone, but about making sure you are duly compensated for injury.  Ask any attorney friends for a quality referral.  Do NOT go to some yellow-pages or pasted on the back of a bus ambulance chaser.

[BobbyR]

You will probably need a Lawyer. The customary fee is 30% not 50%. They may have have overcharged you with expenses. Interview several lawyers and ask around. Also contact the local law school to see if they have an advocacy group.

Going it alone is foolish.

[Duke McDukiedook]

Nobody involved will take you seriously until you hire an ambulance chaser. I think I had to wait 2 or three years until I received any money for my medical bills and my wrecked bike after my wreck. One day later and we would have been going to court. The insurance company will wait until the last day to pay you out as a standard of practice.

[SOHC4 Cafe Racer Fan]

Nobody involved will take you seriously until you hire an ambulance chaser.

We may have different definitions for ambulance chaser.  If you mean competent and aggressive litigator, yes by all means.  If you mean guy who barely graduated 5th tier law school, barely passed the bar after failing 5 times, drinks all day in a bar and advertises wherever he can to retain unsophisticated clients, NOPE.  That's whey referrals from competent attorneys are important.

[Stev-o]

Simple: call a good lawyer NOW.  Get recommendations, someone in your circle of family and friends knows a good lawyer.

Keep the rental car if it's covered by the "hitters" insurance company.
He had insurance, right?

[BomberMann650]

Ask an ABATE member.  Usually they know someone who specializes in Motorcycle v Auto cases.

[74cb750]

I will call ABATE and see whom they would recommend. The bad dude did have insurance and came over saying he "...just didn't see me...." even though my headlight was on and I was going 25 mph..... Maybe I've waited too long, but I believe in the basic goodness in humans.  Karma will get you in the end.

The vehicle can't be replaced as I put more into it than it can ever be worth. Maybe this is a sign that I should fix a different bike to ride? :-)  Can you say ring-a-ding-ding? 1976 KH500 Kawasaki. Loud w/ Denco exhaust or the 1972/1973? cb500. We'll see what I have time for as I am still having difficulty moving around right now. Torn muscles in the neck/back and possible ligament damage with massive headaches that come and go....

This happened for a reason: but I can't think of what.

Thank you for the advice. I will follow through.
michel

[Duke McDukiedook]

If you try to get money back for your bike and the insurance company totals it you will have to apply for a salvage title. If your state is like mine (Kansas) it will be a pain in the arse to get that title because they will want a proof that every part came from a legally titled bike (get paperwork for every part!!) Luckily I had an extra frame with a title when I bought the engine for my bike or else I would have been screwed when it came to getting the salvage title.

As for you recouping medical costs since you probably didn't take an ambulance ride and you are still able to work you will only likely be comped for you medical expenses. That should not deter you from obtaining the services of a good ambulance chaser.

[74cb750]

The bike is totaled; frame bent etc etc, not worth fixing as it was a CH150 worthless little thing I got for nothing....
I Did take an ambulance to the hospital, x-rays, cat scanned etc and did not find torn ;back & neck muscles until I saw my doctor and now have been
going to a Physical Therapist for the past several weeks. Persistent headaches lasting 24-60 hours that come & go unexpectedly.

Will be interviewing lawyers for the next 2 weeks, as there aren't many in my area to choose from I will have to travel 1-2 hours each way.

Oh well,

[BomberMann650]

Its not unusual for those initial scans to show nothing.  Swelling and whatnot.
Happened to my buddies mother when she flipped her atv on a sand dune.  First xray found nothing.  3 day followup revealed a dozen cracks in her pelvis bone.