Motorcycle accident in PA

mikez · #1 07-08-2006, 11:47 AM

What is the name of your state? I live in NY but the accident happened in PA.

Me and my girlfriend were on my motorcycle when another driver cut us of and casued a t-bone accident. Luckly me and my girlfriend are alive, but we are in much pain. I suffered a shoulder sprain and she suffered a lower back sprain. We both are in physical therapy in hopes thats we can recover within 4-8 weeks. The other driver received a ticket for improper/careless turning and was considered AT-FAULT for the accident (the police report can verify this). My insurance company is assuming 0% liability (because the other driver caused the accident). So his insurance, which is state farm is giving me the run around about getting my bike fixed and getting my medical bills paid for.
We have already met and consulted with a personal injury lawyer, a very well known and good one at that. He said that it probably wasn't worth while to sue through a lawyer because of all their fees. (i'm guessing he wouldn't get much money out of it). So it seems like the lawyer doesn't really want to take the case. Instead, he wants to wait a month to see how our physical therapy turns out and how our conditions improve/worsen.
I am unable to work at my part-time summer job because i cannot lift anything (my job requires it). I am a full-time college student and start school in august. I have called his insurance company and told them that i need all my medical bills paid, as well as my girlfriends. I told them i also want all my property paid for and i also need income loss from loss wages and a pain and suffering settlement because of the mental anguish and sleepless nights i have had from my pain. We have not agreed on any dollar amount but the (his) insurance company (state farm) has been rather rude through this whole process. I told them that i have to go back to school in august and that i hope it is settled by then because if this interupts my college studies that it will be EXTREMELY difficult. How should i go about dealing with insurance company? I just had my bike towed and its getting an estimate from an independent dealer. They said they would pay for the property damage but they made no mention of a pain and suffering settlement.
I have been submitting all my medical bills directly to the NY state no-fault and i put his insurance company down with the claim number.

Currently i estimate that mine and my girlfriends medical bills with total $20,000. which include emgency room, numerous x-rays, ambulance ride, orthopedic doctor for both of us and physical therapy for 8 weeks for the both of us. I have about $6,000-8,000 in property damage to my bike and gear. (i think my bike is totatled)
how do i go about getting the money i deserve on my own without a lawyer? i have called state farm but they are very rude on the phone and i need my bills paid ASAP because i cant afford them.

moburkes · #2 07-08-2006, 05:36 PM

I'm not well-versed on motorcycles, but let's see.
On YOUR policy, do you have full or limited tort?
Do you have income loss?

mikez · #3 07-12-2006, 02:02 PM

i have a NEW YORK motorcycle policy because thats where i live. Limited /Full tort do not apply in New York State. I am not sure if i have income loss. My policy doesn't really matter in this case because my insurance company told me that it is crystal clear that he caused the accident. My insurance company is taking 0% of the liability which must mean that the other guys insurance is accepting 100% of the liability.

moburkes · #4 07-12-2006, 02:11 PM

Quote:

Originally Posted by mikez

i have a NEW YORK motorcycle policy because thats where i live. Limited /Full tort do not apply in New York State. I am not sure if i have income loss. My policy doesn't really matter in this case because my insurance company told me that it is crystal clear that he caused the accident. My insurance company is taking 0% of the liability which must mean that the other guys insurance is accepting 100% of the liability.

I apologize for missing the NY part. Does YOUR motorcycle policy offer PIP? Again, I'm not specifically sure about motorcycle policies. IF you do have the coverage, it will pay for some of your medical bills. You don't have to be responsible for the accident in order for your PIP to pay.

Just because your company is accepting 0% responsibility, doesn't mean that the other company has accepted 100% responsibility.

mikez · #5 07-12-2006, 02:21 PM

Supplemental Spousal Liability $50,000 EACH PERSON-$100,000 EACH ACCIDENT
Optional Basic Economic Loss OPTIONAL BASIC ECONOMIC LOSS (OBEL) $25,000
Pedestrian Personal Injury Protection $50,000 PED PIP $50,000/$100,000 WRONGFUL DEATH COVERAGE
Property Damage $25,000 EACH ACCIDENT
Uninsured Motorist $25,000 EACH PERSON-$50,000 EACH ACCIDENT
Bodily Injury $50,000 EACH PERSON-$100,000 EACH ACCIDENT
Motorcycle Guest Passenger INCLUDED WITH BODILY INJURY
Supplemental Uninsured Motorist $50,000 EACH PERSON-$100,000 EACH ACCIDENT SUPPLEMENTAL UNINSURED MOTORIST

those are the coverages i have on my motorcycle policy. Like i said before, i have talked to a lawyer and it seems like he doesn't want to waste him time taking this case. He told me that i should be able to deal with the other guys's insurance company myself. They have already agreed to pay my property damage on my bike, and my Emergency room bill just got submitted to them along with all my other bills. They are sending out an adjuster to take a look at my bike ( the dealer has deemed it as totalted). I have told them i also need income loss and a pain and suffering settlement but they haven't responded yet since my medical treatments are still in progress.

thanks for all your help!

moburkes · #6 07-12-2006, 02:31 PM

Competely disregard what I just wrote. It specifically excluded motorcycle accidents. You wil have to read your policy, but your PIP should be able to help pay your medical bils. Then call State Farm. Keep calling them. Then call some more. Get it?

Your insurance company should be able to help you. Ask if they will light the fire under the State Farm adjuster's butt.

mikez · #7 07-12-2006, 02:49 PM

LOL
I have been calling them 2-3 times per week since the accident, faxing over medical bills, towing bills, estimate bills, some of their staff on the phone are nice, so are very rude, as of yesterday i started to record our phone conversations.

Thanks moburkes

moburkes · #8 07-12-2006, 02:59 PM

But, even though I deleted the previous information, YOUR company should be able to help you. Your PIP coverage can also pay these medical bills.

mikez · #9 07-12-2006, 04:10 PM

i just called my insurance company and they said that since it is a motorcycle i do not have PIP coverage in NY state. I then called the other guys insurance company and told them that i need them to pay the bills and they said that they will but the money will come at the end of the settlement. I'm not so sure what to do because i dont have the money to dish out for these physcial therapy, orthopedic, and ER bills.??? Is there any way i can call the doctors office and have them hold the bills?

moburkes · #10 07-12-2006, 04:13 PM

Quote:

Originally Posted by mikez

i just called my insurance company and they said that since it is a motorcycle i do not have PIP coverage in NY state. I then called the other guys insurance company and told them that i need them to pay the bills and they said that they will but the money will come at the end of the settlement. I'm not so sure what to do because i dont have the money to dish out for these physcial therapy, orthopedic, and ER bills.??? Is there any way i can call the doctors office and have them hold the bills?

Your doctor is not going to "hold" your bill. They have a right to get paid at the time of the service. Please look at your current policy, in the section about PIP. What does it state if you are involved in an accident that is out-of-state?

ecmst12 · #11 07-13-2006, 01:20 AM

In PA, being a no-fault state, your actual medical bills (not pain & suffering) should be paid by your own insurance, provided you have PIP coverage. This coverage is required for all PA drivers...you not living in PA, I don't know what the situation is.

You're a college student, do you have health insurance? Through your parents maybe? If so, send them the bills. You will need to reimburse them after you get the settlement from State Farm, but they will pay the bills in the meantime. You'll still be responsible for copays etc.

moburkes · #12 07-13-2006, 08:12 AM

NY has no-fautl PIP as well, I'm just not well-versed on motorcycle insurance. But you are correct, OP needs to try HIS PIP Or HIS HEALTH insurance.

mikez · #13 07-21-2006, 05:39 PM

in NY, motorcycle policies DO NOT have PIP. (only auto)
My ER bill was already submitted to my health insurance(some cheap company through my college) and they denied it saying that it is secondary insurance and to submit it to the auto carrier.
It's one big circle because i have a NY motorcycle policy and the accident happened in PA with a PA driver and his parent's insurance.

The better news is....
Things are slowly falling into place. State Farm is paying for my property damage once they receive my title (just sent it out today) i should receive the amount we agreed upon within a week or two. They have also agreed to pay my medical bills but not until my treatment is over with (which will be around Aug 20, physcial therapy), as long as my injuries have healed by then. They have agreed to pay income loss (which isn't much because i only work part-time) after my employer sends a letter as well as my doctor (should be no problem, already in the process). At that time they will discuss a pain and suffering settlement with me also.

Needless to say, it isn't easy getting them to pay out. I have called them every week ATLEAST 3 times a week to get this far.

Thanks guys.

moburkes · #14 07-22-2006, 07:10 AM

In your previous post, you stated that you have pedestrian PIP. I don't understand.

mikez · #15 07-23-2006, 09:50 AM

i am not sure either... here is a link:
[url]http://www.ins.state.ny.us/acrobat/r68s6513.pdf[/url]

my insurance company(progressive) is not accepting any of the liability, state farm did admit to 100% of the fault. so maybe that has something to do with it.

im confused too, but atleast state farm is paying.