Motorcycle vs SUV accident

[SweetSunflower]

What is the name of your state? New Mexico

Thank you so much for any guidance you may be able to provide.

17 days ago, my youngest son was riding his motorcycle with my oldest son who was on his own bike. An SUV pulled out onto the road from the parking lot of a fast food establishment, darting across two lanes and nearly running into one vehicle before over correcting back into the lane nearest the curb directly in front of my son who then unfortunately slammed into the back of this vehicle. Because this accident happened on a Friday night at a busy intersection, there were more than a dozen eye witnesses who gave their statements to the police. My oldest son also spoke to and took down names and numbers of eye witnesses.

Before being transferred to an inpatient physical rehabilitation facility, he spent 15 days in hospital undergoing surgery to repair a shattered right arm, shattered left leg, broken nose and eye socket and has had his jaw wired shut to set and repair his broken jaw. Joshua is an auto mechanic by trade and had been officially working in that capacity at a car dealership since receiving his Associates Degree almost four years ago. He is 23 years old and moved back to NM only three months ago, after selling his house. Upon moving here he began working for the same dealership. The local company does not offer the same benefits as his previous employer so he is without health insurance unless he can qualify for medicaid for the time being, which he is trying to do.

He has retained the services of an accident/injury attorney. Both he and the driver of the SUV are insured with the same company. The insurance company has offered him $35,000, first via phone call and then letter.

Now, after reading this forum for years, I suggested he NOT accept anything from anyone until his physical, occupational and other therapies are completed and he agrees. I also believe, from reading on here, that there is no set 'formula' with which to determine an accident settlement, correct?

Any opinions on how this sort of thing is looked at in terms of how a settlement is eventually determined? All he wants to do is to get back to working on vehicles; it's all he's ever wanted to do. Please help point me in the right direction for information to pass onto him.

I do thank you very much for your time.

 

[doucar]

You wait until he has reached maximum medical recovery. You add up those bills, along with lost wages, repairs to the motor cycle and take them to the attorney. An experienced PI attorney will be able to determine the reasonable amount for pain and suffering and then approach the insurance company.

 

[quincy]

You wait until he has reached maximum medical recovery. You add up those bills, along with lost wages, repairs to the motor cycle and take them to the attorney. An experienced PI attorney will be able to determine the reasonable amount for pain and suffering and then approach the insurance company.

Your son does not want to wait to see a personal injury lawyer. Maximum medical recovery may not occur for years - and your son has a limited amount of time to pursue a claim. Three years is the statute of limitations for a personal injury claim in New Mexico.

I hope your son fully recovers from his injuries and that recovery is swift.

 

[adjusterjack]

Now, after reading this forum for years, I suggested he NOT accept anything from anyone until his physical, occupational and other therapies are completed and he agrees

Absolutely correct.

In fact, based on the nature of his injuries, I suggest waiting several months after recovery to make sure no residual issues arise.

New Mexico's statute of limitations for filing an injury lawsuit is 3 years.

37-1-8. Actions against sureties on fiduciary bonds; injuries to person or reputation.
Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.

So he has plenty of time to recover and quantify his damages.

I also believe, from reading on here, that there is no set 'formula' with which to determine an accident settlement, correct?

Correct.

Any opinions on how this sort of thing is looked at in terms of how a settlement is eventually determined?

If you are looking for a number you're not going to get one from anybody. Though my first impression is, unfortunately, that his recovery is likely to take at least 6 months, maybe as much as a year, and the claim should be worth a lot more than the $35000 already offered. How much, I couldn't begin to say.

Please help point me in the right direction for information to pass onto him.

My suggestion: He responds to the claim rep with a letter declining the amount offered and advising that he is still under treatment and expects to be for quite some time and he will contact the claim rep when he is fully recovered. No need to be concerned about the claim being closed. It can be re-opened with a key stroke.

While it never hurts to consult an attorney, I think it too early to actually hire one (despite the other posts) but that's up to your son.

Meantime, has he obtained a copy of the police report for his own records? He should do that if he hasn't. Did the witnesses provide written statements for the police report? The police report is not the be-all and end-all with regard to fault, only a court of law is, but witness statements and the officer's opinion, if any, can give you an idea how a jury might lean in determining fault. Come back with details if you like. You can add to this thread at any future time.

 

[quincy]

Many if not most personal injury lawyers accept cases on a contingency fee basis. This means that the lawyer does not get paid unless their client gets paid.

I think it can be smart to have an attorney handle all communications with the insurance company from the beginning. Your son does not want to inadvertently say something to the insurance company that can adversely affect his claim.

 

[SweetSunflower]

Your collective assistance is very much appreciated, thank you!

A personal injury attorney has already agreed to accept his case; a representative from the firm met with Joshua at the hospital to speak with him a few days before he had the jaw wired shut. Thank you for the confirmation that he would be wise of him to refrain from accepting anything financial in nature at this early stage.

To clarify, the three year SOL mentioned - this speaks to the actual initial filing of a claim time wise, and not necessarily the time in which it is required to be wrapped up and finalized, is that correct?

Very much appreciate the comment about saying too much to the insurance company and having even that go through the attorney. Will see that the letter from the insurance company is given to them as well.

Thank you so much. I'm positive that as time progresses that I will have additional questions.

Thanks again!

 

[quincy]

Your collective assistance is very much appreciated, thank you!

A personal injury attorney has already agreed to accept his case; a representative from the firm met with Joshua at the hospital to speak with him a few days before he had the jaw wired shut. Thank you for the confirmation that he would be wise of him to refrain from accepting anything financial in nature at this early stage.

To clarify, the three year SOL mentioned - this speaks to the actual initial filing of a claim time wise, and not necessarily the time in which it is required to be wrapped up and finalized, is that correct?

Very much appreciate the comment about saying too much to the insurance company and having even that go through the attorney. Will see that the letter from the insurance company is given to them as well.

Thank you so much. I'm positive that as time progresses that I will have additional questions.

Thanks again!

The statute of limitations indicates the time within which a complaint must be filed.

Your son has 3 years from the date of the accident to file his lawsuit. If he files a complaint 3 years and 10 days after the date of the accident, his lawsuit is time-barred.

The suit itself once timely filed, however, might not be settled or go to trial until long past the 3 year time.

I am happy to hear your son already has an attorney assisting him.

I wish your son a speedy recovery.


(edit: changed "claim" to "complaint")

 

[SweetSunflower]

Thank you for your help, Quincy.

I'm certain that as time progresses, I'll be back with additional questions.

Thanks again!

 

[adjusterjack]

To clarify, the three year SOL mentioned - this speaks to the actual initial filing of a claim time wise, and not necessarily the time in which it is required to be wrapped up and finalized, is that correct?

A claim and a lawsuit are two different things. The claim has already been filed. It was filed as soon as the other driver's insurance company received notice of the accident and assigned a claim number and claim rep.

It's three years from the date of the accident to file a lawsuit. If the claim hasn't settled by the end of 3 years and the lawsuit is filed even a day after the 3 years are up, then the claimant gets nothing because without the ability to sue, there is no obligation to pay anything.

 

[quincy]

A claim and a lawsuit are two different things. The claim has already been filed. It was filed as soon as the other driver's insurance company received notice of the accident and assigned a claim number and claim rep.

It's three years from the date of the accident to file a lawsuit. If the claim hasn't settled by the end of 3 years and the lawsuit is filed even a day after the 3 years are up, then the claimant gets nothing because without the ability to sue, there is no obligation to pay anything.

A good distinction. Adjusterjack. I perhaps should have used the word "complaint" instead of "claim" to make things clearer - and will edit my previous post now.

 

[SweetSunflower]

Thank you so much for the clarification!!

 

[adjusterjack]

A good distinction. Adjusterjack. I should have used the word "complaint" instead of "claim" - and will edit my previous post now.

Probably better to use the word "lawsuit" instead of "complaint." A "lawsuit" contains a "complaint" but a "complaint" doesn't necessarily contain a "lawsuit."

As in "Mommy, Joey took my Barbie doll."

 

[quincy]

Probably better to use the word "lawsuit" instead of "complaint." A "lawsuit" contains a "complaint" but a "complaint" doesn't necessarily contain a "lawsuit."

As in "Mommy, Joey took my Barbie doll."

I am used to using complaint and claim and lawsuit interchangeably - although I realize the confusion that can cause when discussing insurance claims. I appreciate you making the distinction between claim and lawsuit here.

A complaint however is what starts a lawsuit so I will continue to use it. I think Mommy can probably figure out that no lawsuit was filed when Joey took the doll.

 

[adjusterjack]

A complaint however is what starts a lawsuit so I will continue to use it.

Works for me.

 

[quincy]

Here are legal definitions from Black's Law Dictionary:

Statute of limitations: A law that bars claims after a specified period; specific., a statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when an injury occurred or was discovered).

Complaint: The initial pleading that starts a civil action and states the basis for the court's jurisdiction, the basis for the plaintiff's claim, and the demand for relief.

Claim: The aggregate of operative facts giving rise to a right enforceable by a court. Claim for relief: The part of a complaint in a civil action specifying what relief the plaintiff asks of the court.

Lawsuit: Any proceeding by a party or parties against another in a court of law.