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Pain and Suffering?

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Sterling

Junior Member
California
I was recently in an Motorcycle Accident in Orange County, CA. The other driver was at fault and there is a police report stating that. There was no contact between my bike and his car, but I did drop my bike at 40 mph while i was trying to avoid that car. The bike is pretty much totaled. Lucky, I got up with out any pain thanks to my protective gear: leather jacket, leather gloves, boots, and a good helmet ( i slid 60 feet ).

Problem is this: I cant sleep because of how freaked out I am about the accident and sore all over my body: wrist, shoulders, elbows, hips, back, and knees. Its been 2 days with out a good night sleep and the soreness just gets worse when i lay down and try to sleep. I have missed one day's work and will be able to work on monday, ( if i get any sleep ).

I dont want to be "one of those guys" that take advangage of the situation, but I want to be compensated. How do I figure out what is fair to ask for pain and suffering?
 
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tammy8

Senior Member
Whose insurance paid for the bike? I find in MOST cases, unless there was contact with you and the other vehicle, you are at fault for not being able to control and maintain your vehicle (bike).
 

JustAPal00

Senior Member
Tammy, that's not true! With a reliable witness the other driver can be at fault with no contact! The rider avoided a collision by laying down his bike. No different then a car driving off the road to avoid a collision. Example: I'm driving down a 45mph road. A small school bus with a bunch of small kids runs a stop sign in front of me. In a split second I decide to swerve into the ditch rather then T-bone the bus. The bus driver is at fault. the hard point would be proving it without a reliable witness
 

tammy8

Senior Member
Tammy, that's not true! With a reliable witness the other driver can be at fault with no contact! The rider avoided a collision by laying down his bike. No different then a car driving off the road to avoid a collision. Example: I'm driving down a 45mph road. A small school bus with a bunch of small kids runs a stop sign in front of me. In a split second I decide to swerve into the ditch rather then T-bone the bus. The bus driver is at fault. the hard point would be proving it without a reliable witness

Okay fine. Have you worked in insurance? Are you an agent or adjuster? Rarely (I think maybe 2X in my work I have seen another company accept liability) does a company pay out because someone else avoided an accident and crashed. It is your duty to be able to control your vehicle(bike) no matter the road conditions.

Just saying.
 

JustAPal00

Senior Member
Okay fine. Have you worked in insurance? Are you an agent or adjuster? Rarely (I think maybe 2X in my work I have seen another company accept liability) does a company pay out because someone else avoided an accident and crashed. It is your duty to be able to control your vehicle(bike) no matter the road conditions.

Just saying.
Yes I was an agent, and I still work in the industry. My knowledge was from a similar accident a friend was in. She was forced off the road by a car swerving. She had to leave the road to avoid the collision. A police officer was directly behind her and rendered first aid as well as provided witness testimony. The other car was found at fault. And thank you for admitting in your professional career that you too have seen it happen. You just proved my point! Controlling your vehicle sometimes means hitting the tree instead of the bus load of kids!!!
 

Zigner

Senior Member, Non-Attorney
Furthermore, Tammy -

Even if the insurance company refuses to pay at first, they WILL pay when their client is found liable in court :rolleyes:
 

ecmst12

Senior Member
The reason insurance companies don't pay when someone crashes due to avoiding another car is because that car usually flees the scene and is not identified, and is thus a phantom vehicle. If the car's owner stopped, provided, info, and admitted fault to his insurance company, then obviously they will have to pay.

Back to OP's question, there is no pain and suffering without medical treatment. Go to the doctor, go to a therapist, get treatment if needed, then ask for compensation for medical bills AND pain and suffering. But you can't have pain and suffering without documented injury requiring treatment.
 

Sterling

Junior Member
Since the police report indicates that the other party was at fault. Is it still necssary to go to court to determine fault/responisbility?

Thanks everone for the info.

One last note; I am worried that they will not give me enough to replace my bike ( depreciation and such). How do I make sure I walk away with a bike as good, if not better than the one I lost?
 
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tranquility

Senior Member
A police report will not determine fault. It may be persuasive evidence of an opinion. It is extremely problematical to say something was "caused" by something else if there is no contact. Can it happen? Sure. It is unlikey to be resolved without some litigation or a very considerate insurance company with intellegent adjusters. (Are there may of those around?) You get to be made whole. You will not end up with a better bike. You will probably not be happy with any offer if it comes. Being in an accident hurts. Even though the theory of torts says to be made whole, rarely is anyone made whole.
 

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