Wreck (was hit) Help me understand insurance, injury claims, policy limits, etc - Page 2 - Sportbikes.net
 

Home Message Board SBN Chat SBN Articles Bike Specs Register Classifieds Forum Rules Advertise Contact Us

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.
Go Back   Sportbikes.net > Topic Discussions > General Sportbikes
Register Subscribe Casino Garage FAQ Members List Calendar Arcade Insurance Search Today's Posts Mark Forums Read Motorcycle Escrow


General Sportbikes This area is for sport bike discussion in general. Topics that don't really belong anywhere else can go here. Questions can be answered and addressed to fully understand certain aspects of the sport. If your question is manufacturer specific please post it there.
Sponsored by: TCX Boots

Insurance


Site Sponsors
Reply
 
LinkBack Thread Tools Display Modes
Old 09-17-2012, 10:45 AM   #16 (permalink)
max384
Disgruntled Med Student
 
max384's Avatar
 

Join Date: Nov 2010
Location: Sugar Notch, PA (Northeast PA)
Age: 31
Posts: 7,843
Gameroom cash: $55532
Sportbike: '09 Suzuki SV650, '02 KLR250
Thanks: 3,317
Thanked 4,177 Times in 2,069 Posts
max384 is on a distinguished road
Default

Quote:
Originally Posted by oic0 View Post
Do you have uninsured/underinsured coverage on your own policy? If so your insurance company will pay the difference then their lawyers will handle it.
Oh yeah, good point.
max384 is online now   Reply With Quote
Sponsored Links
Advertisement
 
Old 09-17-2012, 11:55 AM   #17 (permalink)
dveldt
500 G.P. Champion
 
dveldt's Avatar
 

Join Date: Mar 2009
Location: Anaheim
Age: 35
Posts: 1,818
Gameroom cash: $13246
Sportbike: 2007 Kawasaki 500R - Totaled / 2003 600 F4i
Thanks: 312
Thanked 337 Times in 244 Posts
dveldt is on a distinguished road
Default

Quote:
Originally Posted by dattaway View Post
Most people don't know your own health insurance company will demand to collect settlement monies through subrogation. Your own lawyer might not even tell you this.
This might be false. My health insurance tried to deny a couple of my claims because they thought I was in a CAR accident. Apparently being in a car accident, 50% of the burden falls on my car insurance.

Since it was a motorcycle accident though, my health insurance covered it all. Something to do with them being classified as a recreational vehicle.

On the lawyer note, yes, lawyer up now. Your injuries sound and are far worse than mine were so I didn't max out the other guys insurance.

California minimum liability is 15k which I hit close to just between the bike payout and my medical bills, but they could have given me another 2-3k. I got lowballed, but I needed the money so I took the settlement. Essentially they paid me dollar for dollar for my medical expenses (even though my health insurance paid, they still paid me for it) time off work, and personal injury. The lawyer I talked to also told me it was a fair amount and that they probably wouldn't be able to get me much more.

Good luck. Keep detailed records of everything. Be prepared to write a demand letter if you don't like their settlement offers. Make sure you also go for future medical expenses on your broken wrist because problems might come up in 5-10 years, you just never know.
dveldt is online now   Reply With Quote
Old 09-17-2012, 12:00 PM   #18 (permalink)
dattaway
Superbike Racer
 

Join Date: Jan 2012
Location: KCMO
Posts: 298
Gameroom cash: $3269
Sportbike: s1000rr
Thanks: 92
Thanked 83 Times in 56 Posts
dattaway is on a distinguished road
Default

Quote:
Originally Posted by danny500r View Post
This might be false. My health insurance tried to deny a couple of my claims because they thought I was in a CAR accident. Apparently being in a car accident, 50% of the burden falls on my car insurance.

Since it was a motorcycle accident though, my health insurance covered it all. Something to do with them being classified as a recreational vehicle.
I wish you were correct. Unfortunately, I was rear ended three years ago at a red light on my motorcycle. I'm now in collections from my health insurance company. They want money I never got, because my lawyer took it for expenses. I'm just going to wait if this will go to court. My credit already sucks.
dattaway is offline   Reply With Quote
Old 09-18-2012, 03:07 AM   #19 (permalink)
Nero Diablo
500 G.P. Champion
 

Join Date: Jun 2007
Location: Western Austalia South Coast
Age: 39
Posts: 1,488
Gameroom cash: $41212
Sportbike: 1994 1100 Sport Moto Guzzi,MGS-01
Thanks: 6
Thanked 106 Times in 79 Posts
Nero Diablo is on a distinguished road
Default

Bad enough getting run over but having to chase lawyers etc while laid up not cool. Sorry not in the US so I have no legal information thats relevant mandatory third party injury insurance and paying taxes into a state funded health care system doesn't seem so bad now.

Get well soon and hope things work out for you!
Nero Diablo is offline   Reply With Quote
The Following User Says Thank You to Nero Diablo For This Useful Post:
RugbyCanada (09-22-2012)
Old 09-18-2012, 07:18 AM   #20 (permalink)
yamirider
Slowpoke
 
yamirider's Avatar
 

Join Date: May 2005
Location: Alabama
Age: 23
Posts: 1,631
Gameroom cash: $17042
Sportbike: 07 Z1000
Thanks: 3
Thanked 22 Times in 20 Posts
yamirider has disabled reputation
Default

Quote:
Originally Posted by willpower101 View Post
Driver pulled out in front of me.
State mins in tn are 25/50/15
that's 25 bodily injury per person, 50 per accident, and 15 property damage.

I have no idea what the driver's policy is, but was told that if it's minimums, then I won't be able to seek a dime more than 25k - even including pain & suffering - without going to court.

However, I saw some laws in some states where the claim can roll over into property.

My problem is that my medical bills are easily going to go over!
5k ambulance ride + 5k hospital + 15k wrist surgery (tentative) or casting + whatever I need done to my knee.

I would really like a settlement, but I'm afraid I'm just going to be SOL

so here are some questions for people who have been hit before:

Q1. What happens when my bills go over the BI limits of the other driver?

Q1.5. Can I access the 50k per accident limit?

Q2. How and when can I or a lawyer "negotiate down" my medical bills?

Q3. Should I let my personal Health Insurance go ahead and cover all my bills? or should I leave the bills outstanding until a settlement?

Q4. How do I find out the other person's insurance limits? I called them and the refused to give the limits to me. Is that legal? Do I really have to pay to retain a lawyer to get these?

(I ask because, if I'm close to going over, I want to shop around a bit to keep my medical bills lower)

And any other relevant info you all might have for me.
(Dude lives in a $500 a month apartment based on his address, so I'm not enthusiastic about him having assets)
Source: I work at a personal injury law firm.

1. Use your health insurance.

2. The lawyer wouldn't negotiate your medical bills, but his legal assistant would. This happens ALL the time. Honestly. When we have a client that is in your situation (high medical bills and low limits) we negotiate the bills down. I've heard that conversation a thousand times. "Our client so and so has a lot of medical bills. The policy limits are low and we want them to still be able to get some money. Do you think we could cut that bill down by 45%?"

You'd be shocked to know how often doctors will do that.

3. Let your health insurance cover that. That is why it is there. Your health insurance would have subrogation rights to settlement money (meaning they are entitle to a piece of the settlement to pay themselves back.)

4. Once again an attorney. Get an attorney. Insurance companies don't really care what you say or do until you get an attorney and then magically they start cooperating.

Despite what others might think, all attorney's are not blood sucking scumbags. They have to make money and feed their families too. Oftentimes if you call a few different law firms and ask for a lower rate, you'll get one. Standard for any car/motorcycle accident is 40%, but if you explain your situation, I bet you could get a lower rate. Maybe even 33 or 30%. They're people too.

Whatever you do, just call an injury attorney now. I know that at our law firm you can talk to a legal investigator for free who can tell you anything and everything you need to know. Just call them. The attorney is the one who works for you and has your interest in mind.
yamirider is offline   Reply With Quote
The Following User Says Thank You to yamirider For This Useful Post:
bassjones (09-22-2012)
Old 09-18-2012, 07:33 AM   #21 (permalink)
dattaway
Superbike Racer
 

Join Date: Jan 2012
Location: KCMO
Posts: 298
Gameroom cash: $3269
Sportbike: s1000rr
Thanks: 92
Thanked 83 Times in 56 Posts
dattaway is on a distinguished road
Default

Quote:
Originally Posted by yamirider View Post
Source: I work at a personal injury law firm.

....
Good advice. This matches the experience with my wreck.
dattaway is offline   Reply With Quote
Old 09-18-2012, 09:08 AM   #22 (permalink)
yamirider
Slowpoke
 
yamirider's Avatar
 

Join Date: May 2005
Location: Alabama
Age: 23
Posts: 1,631
Gameroom cash: $17042
Sportbike: 07 Z1000
Thanks: 3
Thanked 22 Times in 20 Posts
yamirider has disabled reputation
Default

Also, sometimes policies can stack. If you live with somebody else or if somebody else lives with that other guy, policies can stack. I know it sounds crazy, but it can work some of the time to get to that extra money. Don't be surprised if/when you hire an attorney that they are asking who you live with and if they have any vehicles and if those vehicles are insured.
yamirider is offline   Reply With Quote
Old 09-18-2012, 12:16 PM   #23 (permalink)
dveldt
500 G.P. Champion
 
dveldt's Avatar
 

Join Date: Mar 2009
Location: Anaheim
Age: 35
Posts: 1,818
Gameroom cash: $13246
Sportbike: 2007 Kawasaki 500R - Totaled / 2003 600 F4i
Thanks: 312
Thanked 337 Times in 244 Posts
dveldt is on a distinguished road
Default

Quote:
Originally Posted by dattaway View Post
I wish you were correct. Unfortunately, I was rear ended three years ago at a red light on my motorcycle. I'm now in collections from my health insurance company. They want money I never got, because my lawyer took it for expenses. I'm just going to wait if this will go to court. My credit already sucks.
That sucks. I was only liable for my co-payments and deductible, which I actually got screwed on. My accident was on 12/27 so I had to pay my deductible for the year I got hit when I went to the hospital, and the following year since most of my major checkups were the week after.
dveldt is online now   Reply With Quote
Old 09-21-2012, 10:44 PM   #24 (permalink)
willpower101
Supersport Racer
 

Join Date: May 2005
Location: knoxville
Posts: 113
Gameroom cash: $1515
Sportbike: 01 Aprilia Falco
Thanks: 0
Thanked 1 Time in 1 Post
willpower101 is on a distinguished road
Default

Wow! Thanks for the replies and support! I love this community I'll answer these below and add additional info. (typing is a B*tch btw ) Funny side note, I found this thread by googling! I apparently didn't have notifications turned on.

Quote:
Originally Posted by porky786 View Post
Sorry to hear of the misfortune, this gives a Look at reality. I would use your own Health insurance, to make sure you get fixed, thats the most important thing. Waiting on some other persons insurance for such, is not in you best interest to fix your injuries.

Its true, if they are at minimum liabilty, thats it unless you sue, and any judgement is not worth the paper its written on if they have no money.
You're right about the judgement, by his address he lives in a super cheap apt complex and you can't get blood from a stone. No use ruining his credit to try and collect on a jdugement that may never be settled.

It appears that the insurance Blue Cross Blue Sheild, is going to seek subrogation. I've spoken with 2 lawyers and have a 3rd monday morning. They all said to have bcbs cover me and they have contracts to negotiate the sub down to about 1/3 the total cost.


Quote:
Originally Posted by steingar View Post
$5K for an ambulance ride for a wrist injury? Was the ambulance a helicopter?
That was estimated by the clerk at the er. It was actually a bit less, ambulance rides are pretty expensive though. I have torn cartlidge in my knee, a sprained ankle, had a concussion through my helmet, a broken scaphoid, bruised inner thigh ligaments and back. I was pretty out of it after the wreck and couldn't really say no to the ride. (Dude actually jumped out of his car and started yelling at ME /smh)

Quote:
Originally Posted by oic0 View Post
Do you have uninsured/underinsured coverage on your own policy? If so your insurance company will pay the difference then their lawyers will handle it.
No, it was my roomates old beater bike. Both of ours are insured but we both just so happened to deny UIM. Never again. I did find out that uninsured motorist would have been used as "underinsured" and stack with the driver's policy, so I just upped my own policy from now on.

Quote:
Originally Posted by yamirider View Post
Also, sometimes policies can stack. If you live with somebody else or if somebody else lives with that other guy, policies can stack. I know it sounds crazy, but it can work some of the time to get to that extra money. Don't be surprised if/when you hire an attorney that they are asking who you live with and if they have any vehicles and if those vehicles are insured.
Never heard of this. Can anyone confirm? It's interesting but I doubt it will help.


additional info:
Lawyers fees are 33.3% so far. I haven't retained anyone.
Progressive has been badgering me for a statement. I haven't given one until I retain a lawyer.
Lawyers seem to think that with progressive, it's likely they'll only have 25k min coverage, however if they negotiate subrogation, I'll still make out better in the end.

I just REALLY wish there was a way to get the insurance company to give up the settlement amount before hiring a lawyer. I've considered just payinig one outright to moderate my statement, and go from there.

If they were willing to settle for 25k, and i could negotiate my own subrogation down to even 50%, i would still be better off financially than with a lawyer. However, I'm still inclined to retain one to be safe. Of course, if the insurance offers even 26k, then we know they have at least the next highest teir and it would be in my best interest to hire one. Kinda playing a back and fourth here, ugh.

Yamirider: your advice has been consistent with most everything I've found out. Thank you for that!

Any other input of course, will always be welcome
willpower101 is offline   Reply With Quote
Old 09-21-2012, 11:19 PM   #25 (permalink)
singram
500 G.P. Champion
 
singram's Avatar
 

Join Date: Sep 2008
Location: Chicago
Posts: 2,234
Gameroom cash: $20735
Sportbike: CBR F4i / Kawi ZX6E
Thanks: 56
Thanked 457 Times in 282 Posts
singram is on a distinguished road
Default

Quote:
I wish you were correct. Unfortunately, I was rear ended three years ago at a red light on my motorcycle. I'm now in collections from my health insurance company. They want money I never got, because my lawyer took it for expenses. I'm just going to wait if this will go to court. My credit already sucks.
Damn dude, sorry to hear that. I was t-boned in my company car back in March and I'm still waiting for a payout to cover medical plus pretty much all years worth of burnt up vacation days. This summer was a complete bust, plus I'm getting 2nd and 3rd notices for the hospital and fire/rescue bills. God knows whats already gone to collections.

Every time I call my lawyers office, I get the same 2 week time-line from the assistant. "2 weeks till underwriter gets bills", "2 weeks till reminder to contact underwriter", "2 weeks till submitting proposed settlement"... So every 2 weeks, same cycle. Something in the system is so fucking broken.
singram is offline   Reply With Quote
Old 09-22-2012, 05:42 AM   #26 (permalink)
bassjones
World 500 GP Champion
 
bassjones's Avatar
 

Join Date: Aug 2008
Location: Fort Wayne Indiana
Age: 43
Posts: 6,007
Gameroom cash: $44590
Sportbike: 06 VFR/ABS
Thanks: 3,418
Thanked 652 Times in 354 Posts
bassjones is on a distinguished road
Default

Quote:
Originally Posted by danny500r View Post
That sucks. I was only liable for my co-payments and deductible, which I actually got screwed on. My accident was on 12/27 so I had to pay my deductible for the year I got hit when I went to the hospital, and the following year since most of my major checkups were the week after.
That doesn't sound right. You should have fought that. Since the follow up appointments were for the same accident, those should have been covered under the previous year's deductible - if your physician's office coded it correctly. I used to be a claims adjuster for a major insurance company - property/liability, not health.

To the OP: The insurance company has to act in good faith or they risk a bad faith suit. Some states allow 3rd party bad faith suits, but most don't. Not sure about TN, but if his carrier acts in bad faith and he gets sued by you, he can go after his own carrier for bad faith - 1st party. A standard settlement for us was 3x's the medical specials for pain and suffering, and a claimant didn't have to work too hard to get there. They'll try to settle for less, but they'll settle for that if you push for it. Did his carrier refuse to give you limits or did he refuse to give you limits? Don't talk to the other driver at all from this point, only his carrier, and if they aren't being cooperative, hire an attorney. You could also go through your carrier under your uninsured/underinsured coverage and let them subrogate his carrier.

Last edited by bassjones; 09-22-2012 at 05:44 AM.
bassjones is offline   Reply With Quote
Old 09-22-2012, 02:07 PM   #27 (permalink)
willpower101
Supersport Racer
 

Join Date: May 2005
Location: knoxville
Posts: 113
Gameroom cash: $1515
Sportbike: 01 Aprilia Falco
Thanks: 0
Thanked 1 Time in 1 Post
willpower101 is on a distinguished road
Default

Quote:
Originally Posted by bassjones View Post
To the OP: The insurance company has to act in good faith or they risk a bad faith suit. Some states allow 3rd party bad faith suits, but most don't. Not sure about TN, but if his carrier acts in bad faith and he gets sued by you, he can go after his own carrier for bad faith - 1st party. A standard settlement for us was 3x's the medical specials for pain and suffering, and a claimant didn't have to work too hard to get there. They'll try to settle for less, but they'll settle for that if you push for it. Did his carrier refuse to give you limits or did he refuse to give you limits? Don't talk to the other driver at all from this point, only his carrier, and if they aren't being cooperative, hire an attorney. You could also go through your carrier under your uninsured/underinsured coverage and let them subrogate his carrier.
His carrier did, progressive, refused (the lawyer told me they rarely find out policy limits until they offer a settlement and even then they can only guess at what the full value is)

Sadly I declined UUIM
willpower101 is offline   Reply With Quote
The Following User Says Thank You to willpower101 For This Useful Post:
bassjones (09-22-2012)
Old 09-22-2012, 04:06 PM   #28 (permalink)
bassjones
World 500 GP Champion
 
bassjones's Avatar
 

Join Date: Aug 2008
Location: Fort Wayne Indiana
Age: 43
Posts: 6,007
Gameroom cash: $44590
Sportbike: 06 VFR/ABS
Thanks: 3,418
Thanked 652 Times in 354 Posts
bassjones is on a distinguished road
Default

Get a lawyer then. ASAP.
bassjones is offline   Reply With Quote
Old 11-21-2012, 05:37 AM   #29 (permalink)
rickaugusts
SBN Rookie
 

Join Date: Nov 2012
Location: pheonix
Age: 26
Posts: 1
Gameroom cash: $510
Sportbike: 2010/Honda/cbr1000
Thanks: 0
Thanked 0 Times in 0 Posts
rickaugusts is on a distinguished road
Default

An expert accident lawyer can give better suggestion about it.
_________
phoenix motorcycle accident lawyer
rickaugusts is offline   Reply With Quote
Old 11-21-2012, 07:30 AM   #30 (permalink)
boner
OO=[][]=OO
 
boner's Avatar
 

Join Date: Oct 2007
Location: Milwaukee
Age: 34
Posts: 7,105
Gameroom cash: $51172
Sportbike: Ducati s2r1k, old honda cb400t
Thanks: 506
Thanked 1,978 Times in 849 Posts
boner will become famous soon enough
Default

If you have some advice please give it in the open forum, otherwise you are just spamming.
boner is online now   Reply With Quote
Sponsored Links
Advertisement
 
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Insurance Claims UltimateOG General Sportbikes 17 02-21-2012 10:10 PM
Insurance claims day1yun General Sportbikes 1 07-27-2007 08:47 AM
out of province insurance claims forevernewbie Other Countries 0 05-10-2003 09:58 AM


All times are GMT -5. The time now is 10:40 AM.



Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.0.0
1997 - 2007 Sportbikes.net INC. All Rights Reserved.
Motorcycle News, Videos and Reviews
Honda Grom Forum Harley Davidson Honda 600RR Kawasaki Forum Yamaha R6
1199 Panigale Roadglide Forum Honda CBR1000 Vulcan Forum Yamaha R1
Ducati Monster Harley Forums Honda CBR250R ZX10R Forum Star Raider
Suzuki GSXR V-Rod Forums Honda Shadow Kawasaki Motorcycles Star Warrior
SV650 Forum BMW S1000RR Honda Fury Kawasaki Versys Drag Racing
Suzuki V-Strom BMW K1600 Triumph Forum Victory Forums Sportbikes
Volusia Forum BMW F800 Triumph 675 MV Agusta Forum Streetfighters