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Rear ended at a traffic light.

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Dallas, Texas.

Hi all.

I was rear ended on my motorcycle a few weeks ago. I was stopped at a controlled left turn, and as soon as the light went green for me to go I was hit. I am somewhat paranoid about getting hit so i'm always watching my mirrors. I didn't see the car until the split second before the impact.

Fortunately, I ALWAYS usually wear all the gear; helmet, motorcycle jacket, motorcycle gloves, long pants and closed toe shoes. And I was on the day. I was taken to the ER by the paramedics. X-rays and a CAT scan were done on me. And of course all the usual tests for concussion (being asked your name, birthday, the date, my age, what day is it, do you know where you are, etc, over and over again.) I'm lucky in that there were no broken bones, no gruesome injuries. However, there is a small fracture in my orbital something something. And of course back and neck pain from the whiplash.

I am being treated for that at a medical facility. Progress is slow, there are good days and bad days. Two steps forward, one step back. The facility has already contacted the other party's insurance and they will be taking care of the bill.

I have already missed 3 weeks of work, and i'm unlikely to get back to work for a few more weeks. I don't know what they are doing with my motorcycle, it didn't appear to be severely damaged, but the point where the seat abuts the tank it was askew. Being that the seat essentially sits on the frame, I think that implies the frame is bent.

The other party did stop. They admitted fault. Confessed to having looked at their phone. And estimated they were going about 40mph. (And thank God they have good insurance!) All of this is on the police report. Plus one person who witnessed it. It's pretty cut and dried, and everything points to a speedy resolution of this in my favor. But insurance companies will insurance company. try to avoid paying out when they should be doing their duty.


I expect them to take care of the medical bills, my lost wages, fair value for my bike (or repair it and an adjustment for lost value,) and at that point (I have already submitted the cost of my damaged items of clothing that were cut off me by the paramedics, my helmet, backpack, etc and been reimbursed.) really they will have done right by me, except for that sticky issue of pain and suffering. I am completely ambulatory, didn't lose consciousness, don't appear to have suffered any ill effects outside of my lower back and neck. Outwardly I look completely alright. In reality, i'm fine only as long as I am mostly lying around in bed, sitting with back support. Anytime I am upright for more than a couple of hours the back pain reintroduces itself.

Being that I am not grievously injured what sort of settlement should I be looking at for pain and suffering?

(I've read a few threads here and the consensus seems to be don't rush into a settlement. I'm not. Once they've reimbursed me for the above mentioned items, i really can't complain.)

And, what ever figure they offer, can I counteroffer for a significantly larger sum, being that my wearing all the gear mothers fervent daily prayers prevented them from having an even larger medical bill? What number would you suggest for that?

Thank you for your collective wisdom.
 


adjusterjack

Senior Member
Being that I am not grievously injured what sort of settlement should I be looking at for pain and suffering?
Between a dollar and a gazillion dollars. There is no magic number. You're not even fully recovered yet. Come back in 6 months and we'll talk.

can I counteroffer for a significantly larger sum, being that my wearing all the gear mothers fervent daily prayers prevented them from having an even larger medical bill?
No. You don't get money for what didn't happen.
 
Between a dollar and a gazillion dollars. There is no magic number. You're not even fully recovered yet. Come back in 6 months and we'll talk.
True.

No. You don't get money for what didn't happen.

Also true. However, I did get a discount ($$$) on my insurance for having a theft recovery device on my bike. And my bike hadn't been stolen, yet.
 

Zigner

Senior Member, Non-Attorney
Also true. However, I did get a discount ($$$) on my insurance for having a theft recovery device on my bike. And my bike hadn't been stolen, yet.
You didn't get the discount for something that didn't happen (your bike getting stolen), you got the discount for something that did happen (the installation of the device.)
 
You didn't get the discount for something that didn't happen (your bike getting stolen), you got the discount for something that did happen (the installation of the device.)
So I got a discount for something I did, that would have allowed the insurance company to recover an "asset" if it was stolen. Thereby, theoretically, costing them less money in that eventuality.

And did I not "install" a helmet, motorcycle jacket, motorcycle gloves, etc on my person before I set off that evening?

I'm not being glib. I am not trying to be difficult. I am trying to understand where to parse the difference in those two scenarios, ... seeking clarity as it were. Thank you for your input and thoughts. Keep them coming. I appreciate the knowledge. I am someone who likes to know the details, who sweats the technical issues.
 

PayrollHRGuy

Senior Member
You are trying to compare a discount given on premiums and an insurance settlement after an accident. The difference obvious a caveman should be able to figure it out.
 
You are trying to compare a discount given on premiums and an insurance settlement after an accident. The difference obvious a caveman should be able to figure it out.
No, I am not trying to compare them. I am applying the logic that justifies the insurance premium discount to a settlement.
The discount on the premium is given because it saves the insurance company money. Well, my wearing all my motorcycle gear does the same. Why not get the benefit?
 

not2cleverRed

Obvious Observer
No, I am not trying to compare them. I am applying the logic that justifies the insurance premium discount to a settlement.
The discount on the premium is given because it saves the insurance company money. Well, my wearing all my motorcycle gear does the same. Why not get the benefit?
It doesn't work that way.

You get to argue what is, not what could be.

Similarly, the other party can only be charged/cited based on you being alive and injured. There is a very real possibility your good safety habits saved your life. But, I think you can accept that the party can't be charged with vehicular manslaughter, because you didn't die, and you're probably okay with that.

So, you can't collect for damages that you could have hypothetically have had if you were less responsible. And really, aren't you glad that you have your limbs attached?

Do make sure that your concussion is fully documented, and don't settle until it is determined what, if any, long term cognitive effects you might have. This can take time.
 
It doesn't work that way.

You get to argue what is, not what could be.

Similarly, the other party can only be charged/cited based on you being alive and injured. There is a very real possibility your good safety habits saved your life. But, I think you can accept that the party can't be charged with vehicular manslaughter, because you didn't die, and you're probably okay with that.

So, you can't collect for damages that you could have hypothetically have had if you were less responsible. And really, aren't you glad that you have your limbs attached?

Do make sure that your concussion is fully documented, and don't settle until it is determined what, if any, long term cognitive effects you might have. This can take time.
Thank you for a more nuanced thought there.
 

PayrollHRGuy

Senior Member
No, I am not trying to compare them. I am applying the logic that justifies the insurance premium discount to a settlement.
The discount on the premium is given because it saves the insurance company money. Well, my wearing all my motorcycle gear does the same. Why not get the benefit?
The is the very definition of compare.
 
The is the very definition of compare.
That is the very definition of wrong

dictionary said:
com·pare
/kəmˈper/
verb

  1. 1.
    estimate, measure, or note the similarity or dissimilarity between.
    "individual schools compared their facilities with those of others in the area"
    synonyms:contrast, set side by side, juxtapose, collate, differentiate, weigh up, balance, weigh/balance/measure the differences between
    "we compared the data from our present and previous studies"
If I was comparing the merits of a state farm auto policy vs esurance auto policy, that would be a comparison.
 

PayrollHRGuy

Senior Member
If you're are going to list definitions list them all.

com·pare
/kəmˈper/
verb
verb: compare; 3rd person present: compares; past tense: compared; past participle: compared; gerund or present participle: comparing
  1. 1.
    estimate, measure, or note the similarity or dissimilarity between.
    "individual schools compared their facilities with those of others in the area"
    synonyms:contrast, set side by side, juxtapose, collate, differentiate, weigh up, balance, weigh/balance/measure the differences between
    "we compared the data from our present and previous studies"
    • point out the resemblances to; liken to.
      "her novel was compared to the work of Daniel Defoe"
      synonyms:liken, equate, analogize; More

      antonyms:contrast with
    • draw an analogy between one thing and (another) for the purposes of explanation or clarification.
      "he compared the religions to different paths toward the peak of the same mountain"
    • have a specified relationship with another thing or person in terms of nature or quality.
      "salaries compare favorably with those of other professions"
      synonyms:be (nearly) as good as, be comparable to, bear comparison with, be the equal of, match up to, be on a par with, be in the same class as, be in the same league as, be on a level with, compete with, come up to, come near to, come close to, hold a candle to, be not unlike, be not dissimilar to, equal roughly; More


    • be of an equal or similar nature or quality.
      "sales were modest and cannot compare with the glory days of 1989"
  2. 2.
    GRAMMAR
    form the comparative and superlative degrees of (an adjective or an adverb).
    "words of one syllable are usually compared by “-er” and “-est.”"
 

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