I
intellicafe
Guest
State is Virginia...
About one and a half months ago I was riding a friend of mine's motorcycle (I have had a MC license for 10+ years) when a van from out of state (NC) made an illegal turn and I ran into the side of him. I was travelling the speed limit, though he claimed to have been making the proper turn, etc... (the usual). The officer listed him as being at fault, but did not issue citations - officer said that was good enough for the insurance companies, and not to worry.
Nothing broken, but foot smashed (literally tons of 'soft tissue' damage). Seeing a foot specialist who in turn referred me to a physical therapist. Headaches have thankfully subsided and are no longer constant or as painful (a sign, I assume, that PT is working).
Fast forward to I am looking at a minimum of $6,000.00 in medical bills - estimates have gone as high as $15,000.00 +, and have a whole host of other issues to go with it:
1. Lost time from work (I was forced to use my vacation)
a. Trip to Mexico to hike ruins - now I can't hike, though I can at least walk.
b. Wedding anniversary trip to London - I can't take it now because I do not have enough vacation - wife is taking her girlfriend instead, but we 'lost' the money spent on the trip, plus now I get to work instead of celebrate.
2. My wife owns a stick shift. So do I. I have been ordered by the doctor not to drive at all, let alone drive a stick. So I get to hop to the local metro, and take that everywhere - assuming I can walk that far. Loss of vehicle.
3. I am salaried 40 a week, plus I do side web and high-end graphic / business / game development. Now I have been having to pay someone else to do my work (work I would normally have done myself). So I lose the money I would have made, plus the two meetings I absolutely had to attend - I had to show up on crutches in a foot cast.
4. I have to take a medicine that has me all screwed up (Lodine) and I am getting all of the nasty side effects, etc.
5. Friend will no longer let me borow his bikes (can't say that I blame him) -- There is more - but I am not the type to complain, so...
I am trying my best to save as much money on the medical bills as I can. My doctors have already recommended three different MRIs, in addition to the two I have already had. I have not yet gone because I think they are being overly cautious (I have already been lectured about taking care of myself - and I assure you, I do - I just think so may MRIs is a little over the top).
My attitude on this whole situation is simple - it is a MAJOR inconvenience to me, as well as heavily impacting my preferred style of living (very physically active, go out regularly, involved in all sorts of activities, etc.) - because now I either can;t do any of it, or don't feel like it.
Further - I do not like to sue, do not want to sue, and in general do not want to deal with the hassle. That said, I am more than happy to hire an attorney to do so for me, but only as a last resort.
The other party's insurance co already contacted me and offered a letter of settlement that was absurdly low. At the time I almost took it. Then all the other crap that has happened since started hitting me, and I realize how much BS I was going to have to deal with as a result of this.
I sent the other fellow's insurance company a letter telling them most of the reasons I was going to be filing suit, and informing them of the journal I have been keeping - including documentation of all correspondence, etc. I told them they could give me 10k medical and 10k personal, or 15k and be done with it. I told them if they did not give me one of those two amounts, I would be contacting my attorney.
I know I could probably go after them for a LOT more - but I just want this to be over with. I also told them that if they did not respond to me in five business days (two more days than theirinitial response to the accident), that I would turn the entire matter over to an attorney and cease all communication with them.
They have, throughout this process, sent me medical and personal release forms of every nature - none of which I have returned.
My questions are
1. Am I ethically in the right by asking for the amount specified? It basically pays my medical, and pays for me to take my trips again so I can do what I planned on them - though they can't replace the anniversary trip - it is our first year anniversary.
2. Am I correct in assuming that an attorney could pursue a much larger sum from the insurance company.
3. Since I have already made a written request, am I in any way bound to that amount if I DO hire an attorney?
4. How do I find out the PIP limits of thei other person's policy? Can I just ask for it?
5. My friend's policy told him I am no longer authorized to ride - in addition to him not letting me - should I be communicating with them instead?
Thanks in advance folks.
About one and a half months ago I was riding a friend of mine's motorcycle (I have had a MC license for 10+ years) when a van from out of state (NC) made an illegal turn and I ran into the side of him. I was travelling the speed limit, though he claimed to have been making the proper turn, etc... (the usual). The officer listed him as being at fault, but did not issue citations - officer said that was good enough for the insurance companies, and not to worry.
Nothing broken, but foot smashed (literally tons of 'soft tissue' damage). Seeing a foot specialist who in turn referred me to a physical therapist. Headaches have thankfully subsided and are no longer constant or as painful (a sign, I assume, that PT is working).
Fast forward to I am looking at a minimum of $6,000.00 in medical bills - estimates have gone as high as $15,000.00 +, and have a whole host of other issues to go with it:
1. Lost time from work (I was forced to use my vacation)
a. Trip to Mexico to hike ruins - now I can't hike, though I can at least walk.
b. Wedding anniversary trip to London - I can't take it now because I do not have enough vacation - wife is taking her girlfriend instead, but we 'lost' the money spent on the trip, plus now I get to work instead of celebrate.
2. My wife owns a stick shift. So do I. I have been ordered by the doctor not to drive at all, let alone drive a stick. So I get to hop to the local metro, and take that everywhere - assuming I can walk that far. Loss of vehicle.
3. I am salaried 40 a week, plus I do side web and high-end graphic / business / game development. Now I have been having to pay someone else to do my work (work I would normally have done myself). So I lose the money I would have made, plus the two meetings I absolutely had to attend - I had to show up on crutches in a foot cast.
4. I have to take a medicine that has me all screwed up (Lodine) and I am getting all of the nasty side effects, etc.
5. Friend will no longer let me borow his bikes (can't say that I blame him) -- There is more - but I am not the type to complain, so...
I am trying my best to save as much money on the medical bills as I can. My doctors have already recommended three different MRIs, in addition to the two I have already had. I have not yet gone because I think they are being overly cautious (I have already been lectured about taking care of myself - and I assure you, I do - I just think so may MRIs is a little over the top).
My attitude on this whole situation is simple - it is a MAJOR inconvenience to me, as well as heavily impacting my preferred style of living (very physically active, go out regularly, involved in all sorts of activities, etc.) - because now I either can;t do any of it, or don't feel like it.
Further - I do not like to sue, do not want to sue, and in general do not want to deal with the hassle. That said, I am more than happy to hire an attorney to do so for me, but only as a last resort.
The other party's insurance co already contacted me and offered a letter of settlement that was absurdly low. At the time I almost took it. Then all the other crap that has happened since started hitting me, and I realize how much BS I was going to have to deal with as a result of this.
I sent the other fellow's insurance company a letter telling them most of the reasons I was going to be filing suit, and informing them of the journal I have been keeping - including documentation of all correspondence, etc. I told them they could give me 10k medical and 10k personal, or 15k and be done with it. I told them if they did not give me one of those two amounts, I would be contacting my attorney.
I know I could probably go after them for a LOT more - but I just want this to be over with. I also told them that if they did not respond to me in five business days (two more days than theirinitial response to the accident), that I would turn the entire matter over to an attorney and cease all communication with them.
They have, throughout this process, sent me medical and personal release forms of every nature - none of which I have returned.
My questions are
1. Am I ethically in the right by asking for the amount specified? It basically pays my medical, and pays for me to take my trips again so I can do what I planned on them - though they can't replace the anniversary trip - it is our first year anniversary.
2. Am I correct in assuming that an attorney could pursue a much larger sum from the insurance company.
3. Since I have already made a written request, am I in any way bound to that amount if I DO hire an attorney?
4. How do I find out the PIP limits of thei other person's policy? Can I just ask for it?
5. My friend's policy told him I am no longer authorized to ride - in addition to him not letting me - should I be communicating with them instead?
Thanks in advance folks.