Recent motorcycle accident - med bills

[JennyP410]

What is the name of your state? Georgia

My husband and I were recently in a motorcycle accident that was ruled the other driver's fault. He passed in a no-passing zone, cut us off to get back in the lane (to avoid head-on collission), and immediately came to nearly a complete stop to turn into a narrow driveway. We didn't hit him - my husband laid the bike down to avoid the collision. He was arrested for DUI (drugs) and Terroristic Threats because he came out of his house with a shotgun and threatened everyone on scene.

So regarding my insurance settlement - I had multiple pelvic fractures, fractured elbow, and dislocated coccyx (tailbone). To avoid pelvic surgery, I had to be immobile for four weeks while the fractures healed to prevent misalignment. Med bills are about $9500, plus prescriptions, etc. My health ins isn't paying, but I am only being charged the negotiated rate, so what I actually owe is less than 2/3's of the total amount. I missed 7.5 weeks of work, my husband missed 5 weeks to care for me. As my doc said this week, I am much better, but a long ways from being fully healed.

Obviously, I expect the insurance company to base my pain and suffering on the TOTAL medical bills, not the negotiated lower rates. But are they required to do so? Or can they base it on the amount I actually owe?

And what is a typical multiplier for the pain and suffering for this type of injury? I had read between three and five, and then add the lost wages. His coverage limit is $50,000.

Thanks in advance!

[moburkes]

No, they are not required to.

There is no typical multiplier. It depends upon cases in your local area. If you don't like the offer, then you counter. If you don't like the counter, then hire a PI attorney.

[tammy8]

Did you actually make contact with the other vehicle?

If not, I am really surprised they accepted any liability. Good luck with your injuries.

[racer72]

Originally Posted by tammy8

Did you actually make contact with the other vehicle?

If not, I am really surprised they accepted any liability. Good luck with your injuries.

Negligence does not require contact with another vehicle.

[moburkes]

Originally Posted by racer72

Negligence does not require contact with another vehicle.

Of course not. It just makes it hard to prove, unless there was a witness, unless the at fault party stops and admits to it, etc.

[ecmst12]

IMMOBILE for four weeks? I'd call that suffering! Seriously, if they don't offer you the full 50k, I'd DEFINITELY suggest getting a lawyer.

[JennyP410]

His insurance company has investigated and admitted liability. LUCKILY, we had 4 good witnesses. One witness was behind us, already on the phone with 911 due to his erratic behavior when we wrecked. When he came out of his house with the shotgun, there were already paramedics and firemen on scene, so they witnessed that part.

As far as making contact, we've both had a motorcycle safety course and they teach to lay the bike down to avoid contact and hopefully lessen the injuries. But it would be hard to prove without witnesses. And I'm not exaggerating when I say he immediately slammed on his brakes - the car in front of us turned and we had just started speeding back up when he passed us, and from that road to the driveway he turned into is only about 250 ft.

We have already talked with an attorney, and he gets 1/3. Our lost wages total $9737, and the lower amount due on med bills is about $5300, so total of about $15,000 in tangible losses. If the attorney succeeds in getting the full 50K, we would get about 33K after his commission.

I may be naive, but I feel like we stand a good chance of getting that much on our own, and maybe sooner than we would if it went to trial. We've kept good documentation (photos of bruising, daily pain journal, receipts, etc). So I thought I'd try it on my own first. Any thoughts on that?

[moburkes]

What $50k? Most policies are written with combined single limits, which means that each person's injuires are calculated separately. What are the at fault party's insurance coverages?

[JennyP410]

The coverage is 50/100/50.

[moburkes]

So, why are you trying to share $50k?

[ecmst12]

Doesn't sound like the husband was injured, or if so then not seriously.

If you've already hired the lawyer and signed the contract with them, then you CAN'T avoid paying them. It will probably settle long before trial and you have a good chance of getting the full 50 with a lawyer on your side. If you haven't signed yet, then give the insurance company the chance to make an offer, and if you don't like it, hire the lawyer. But it sounds like you're already committed.

[JennyP410]

My husband was not injured, only a scratch.

We haven't hired the lawyer. We met with him and he suggested that he write a letter to the insurance company to find out the policy limits. He said that at that time, we could decide whether we wanted to hire him or not. Right now, I am trying to avoid doing so. I feel like the other driver's actions and arrest following the accident give me some leverage when considering how a jury would view the case.

We had discussed pursuing a civil case against him. The insured person is actually his mother - he was driving her van. So I'm hoping that when we sign away our rights to sue in the settlement, that we are agreeing not to sue his mother, and that he will be fair game.

[JennyP410]

Originally Posted by ecmst12

you have a good chance of getting the full 50 with a lawyer on your side

Are you saying I shouldn't expect to get the 50 (or pretty close) on my own?

[moburkes]

Originally Posted by JennyP410

My husband was not injured, only a scratch.

We haven't hired the lawyer. We met with him and he suggested that he write a letter to the insurance company to find out the policy limits. He said that at that time, we could decide whether we wanted to hire him or not. Right now, I am trying to avoid doing so. I feel like the other driver's actions and arrest following the accident give me some leverage when considering how a jury would view the case.

We had discussed pursuing a civil case against him. The insured person is actually his mother - he was driving her van. So I'm hoping that when we sign away our rights to sue in the settlement, that we are agreeing not to sue his mother, and that he will be fair game.

You would be signing away your rights to sue, period.

[moburkes]

Originally Posted by JennyP410

Are you saying I shouldn't expect to get the 50 (or pretty close) on my own?

Yes. Ask for it. If they say no, but give you more than $33k, then take it.