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Hit By Drunk Driver, Claim Help

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engineer66

New member
~Massachusetts

I was rear ended by a drunk driver at a stop light on my motorcycle and tossed down the road off my bike. My injuries were very minor thanks to me wearing high end gear that was mostly destroyed in the process. Bike is totaled and driver is 100% at fault.

I got my bike paid for and have a claim underway for my gear and additional property damages directly through other guys auto insurance. This whole claim has been going on for quite some time now and the other guys insurance company has yet to pay for my fairly small medical bills just for the ER visit the day of the accident.

They are trying to force me to sign a HIPAA release for my full medical history before they will pay anything other than just medical costs from the day of the accident. I told them I didn't want to sign a release and they said they can't pay anything more than my exact ER visit cost without it. I don't have a lawyer and the total cost of the medical bills doesn't warrant getting a lawyer.

I'm not trying to screw the insurance company over with an obnoxious claim but would like to get something for pain and suffering since I was in pretty bad pain for about 3 weeks, it caused me to miss time from athletic training (being a very serious recreational athlete) after the accident and the entire process has been extremely stressful and depressing.

Thoughts on how to proceed would be extremely appreciated.

Thanks!
 


Ohiogal

Queen Bee
~Massachusetts

I was rear ended by a drunk driver at a stop light on my motorcycle and tossed down the road off my bike. My injuries were very minor thanks to me wearing high end gear that was mostly destroyed in the process. Bike is totaled and driver is 100% at fault.

I got my bike paid for and have a claim underway for my gear and additional property damages directly through other guys auto insurance. This whole claim has been going on for quite some time now and the other guys insurance company has yet to pay for my fairly small medical bills just for the ER visit the day of the accident.

They are trying to force me to sign a HIPAA release for my full medical history before they will pay anything other than just medical costs from the day of the accident. I told them I didn't want to sign a release and they said they can't pay anything more than my exact ER visit cost without it. I don't have a lawyer and the total cost of the medical bills doesn't warrant getting a lawyer.

I'm not trying to screw the insurance company over with an obnoxious claim but would like to get something for pain and suffering since I was in pretty bad pain for about 3 weeks, it caused me to miss time from athletic training (being a very serious recreational athlete) after the accident and the entire process has been extremely stressful and depressing.

Thoughts on how to proceed would be extremely appreciated.

Thanks!
If you want pain and suffering, sign the release.
 

TigerD

Senior Member
I don't have a lawyer and the total cost of the medical bills doesn't warrant getting a lawyer.

I'm not trying to screw the insurance company over with an obnoxious claim but would like to get something for pain and suffering since I was in pretty bad pain for about 3 weeks, it caused me to miss time from athletic training (being a very serious recreational athlete) after the accident and the entire process has been extremely stressful and depressing.

Thoughts on how to proceed would be extremely appreciated.

Thanks!
Go talk to a personal injury attorney. You would be surprised at the value a lawyer can add.
 

PayrollHRGuy

Senior Member
And there are lawyer networks that specialize in representing MC riders. I can't list them here but if you Google "Law [Name of Large Cat with stripes]" you should find them.
 

quincy

Senior Member
Most personal injury law firms have attorneys who specialize in bike accidents (and who are riders themselves), if the advertisements on tv are any indication.

Steering posters to firms is not the best thing to do on this site, where attorneys pay for the right to advertise.
 

xylene

Senior Member
BLUNTLY: You had a serious motorcycle accident which involved an at fault drunk, with significant property damage and personal injury which required emergency treatment and functional impairment of a major life activity for almost a month.

You should have gotten a lawyer immediately, and should get one now.
 

engineer66

New member
BLUNTLY: You had a serious motorcycle accident which involved an at fault drunk, with significant property damage and personal injury which required emergency treatment and functional impairment of a major life activity for almost a month.

You should have gotten a lawyer immediately, and should get one now.
I just had a sore neck and back for 3 weeks and some scrapes and bruises. Nothing permanent. The ER visit was less than $2000. I talked to a friend's father briefly who is a lawyer and he said that no lawyer will do anything with it since the damages aren't enough to justify their expense.
 

xylene

Senior Member
I just had a sore neck and back for 3 weeks and some scrapes and bruises. Nothing permanent. The ER visit was less than $2000. I talked to a friend's father briefly who is a lawyer and he said that no lawyer will do anything with it since the damages aren't enough to justify their expense.
Talk to a REAL Lawyer and not an elderly hypothetical lawyer friend of your dad.
 

engineer66

New member
Talk to a REAL Lawyer and not an elderly hypothetical lawyer friend of your dad.
He is an active personal injury lawyer. Sure, he is old (66 years old) but actively practicing full time. I asked him immediately after the accident and he said somethimg about a $2k or so minimum threshold for medical bills and if it doesn't at least exceed that or result in some permanent bodily damage or visible scarring then no lawyer will take the case.
 

quincy

Senior Member
He is an active personal injury lawyer. Sure, he is old (66 years old) but actively practicing full time. I asked him immediately after the accident and he said somethimg about a $2k or so minimum threshold for medical bills and if it doesn't at least exceed that or result in some permanent bodily damage or visible scarring then no lawyer will take the case.
That sounds about right.
 

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