Was in non-fault motorcycle accident, questions on settling

[wesinsc]

What is the name of your state? California


I was involved in an accident in which a car struck me on my motorcycle and have been found not at fault. The other parties insurance company is already in the process of fixing my property, but my question lies in personal damages. I am not a lawsuit type of person and do not want to go to court, but I do feel I am do some damages for the following circumstance:

Missed time from work
small amount of medical bills
personal pain that has affected my sleep and work progress

I was x-rayed, and the preliminary results show no broken bones, yet I am experiencing bad pain in my upper right chest and upper/mid back. I have been given pain medication but am still unable to sleep due to the discomfort and pain in my chest and back. My question is, given these circumstance where should I start on my request for damages? I definetely do not want some grossly large amount of money, but do feel I should ask for something for my pain, discomfort and suffering.

Now for my next question, they have paid for a rental up to 30 days since the motorcycle was my primary transportation, but what if I am physically unable to get back to riding before that rental period is up?

Thank you so much for your help

[moburkes]

They will not extend the time offered for the rental. If you have medical payments on YOUR policy, then your insurance can pay for those. Otherwise, submit the bills to the at fault party's insurance company. You will need to negotiate the pain and suffering portion of your claim. If you cannot do it alone, then contact a personal injury attorney. What are the liability limits of the at fault party?

[ecmst12]

If you are still in pain from the accident, you should seek treatment and send the bills to the appropriate auto insurance carrier (yours or theirs, depending on coverage). When you are feeling better and treatment is complete or nearly complete, then you can negotiate for pain and suffering. Length of treatment and amount of medical bills are among the factors taken into account when calculating the pain and suffering settlement. They will also look at whether you have any permanent disability. If your injuries are severe, it's best to get an attorney, but if it looks like you will be ok after a few weeks/months of treatment, you might be able to handle it on your own.

For loss of wages, you will have to document the time you lost from work and preferably support it with notes from your doctor indicating you are unable to work and releasing you back to work when you are better.