Pick up , scooter non contact

[arrow]

]What is the name of your state? Oregon
Have solid witness who saw other driver in in front of me - 20 feet away in intersection .She blew the stop sign and I had to lay down my scooter { I am only witness to her not stopping - which in the end is a wash - BUT - what was she doing in front of me so close at an intersection after stopping at a stop sign] . So to me , if the witness follows thru , which he said he would be happy to , this should be a slam dunk to prove
The scooter is damaged, but I do not think totaled. I am badly bruised on my right side . Have insurance on scooter - but no medical or collision. No accident report from police as they said there was no contact , but filed one with state . I have other drivers info , and will write her asking for insurance info to avoid courts . I Have high deductable imed nsurance and have seen a chirpopractor for adjustment and got a great massage . [ word to the wise - get soft tissue injuries worked on and out ASAP after an accident ] .

Now - I want to recover my medical bills and damage to scooter and believe I will have to go to smalls claims eventually as the insurance will just blow me off [ but maybe not - time will tell ] . What I am wondering about is should I go to an MD , or is the chiropractor enough and how should I apporach this as far as documenting my costs . I am self employed , and also a substitute teacher . Have lost a few hundred dollars in wages so far . I hope truly I am not going to be permanently damaged by this, but my rotator cuff is really hurting as well as hip. So again- how to document this so I can present to insurance company or judge in small claims. A lawyer will not take this case as it is to small. Thank you- Michael

 

[moburkes]

]What is the name of your state? Oregon
Have solid witness who saw other driver in in front of me - 20 feet away in intersection .She blew the stop sign and I had to lay down my scooter { I am only witness to her not stopping - which in the end is a wash - BUT - what was she doing in front of me so close at an intersection after stopping at a stop sign] . So to me , if the witness follows thru , which he said he would be happy to , this should be a slam dunk to prove
The scooter is damaged, but I do not think totaled. I am badly bruised on my right side . Have insurance on scooter - but no medical or collision. No accident report from police as they said there was no contact , but filed one with state . I have other drivers info , and will write her asking for insurance info to avoid courts . I Have high deductable imed nsurance and have seen a chirpopractor for adjustment and got a great massage . [ word to the wise - get soft tissue injuries worked on and out ASAP after an accident ] .

Now - I want to recover my medical bills and damage to scooter and believe I will have to go to smalls claims eventually as the insurance will just blow me off [ but maybe not - time will tell ] . What I am wondering about is should I go to an MD , or is the chiropractor enough and how should I apporach this as far as documenting my costs . I am self employed , and also a substitute teacher . Have lost a few hundred dollars in wages so far . I hope truly I am not going to be permanently damaged by this, but my rotator cuff is really hurting as well as hip. So again- how to document this so I can present to insurance company or judge in small claims. A lawyer will not take this case as it is to small. Thank you- Michael

I don't understand what happened. A woman in front of you (going the same direction?) ran through a stop sign. What does that have to do with you?

 

[averad]

Oregon requires personal injury protection coverage (PIP) and should cover your medical expenses.

http://www.oregon.gov/ODOT/DMV/docs/pocketbikeguide.pdf
http://www.oregon.gov/ODOT/DMV/driverid/insurance.shtml

And your story makes no sence.

 

[JETX]

]What is the name of your state? Oregon
Have solid witness who saw other driver in in front of me - 20 feet away in intersection .She blew the stop sign and I had to lay down my scooter { I am only witness to her not stopping - which in the end is a wash - BUT - what was she doing in front of me so close at an intersection after stopping at a stop sign] . So to me , if the witness follows thru , which he said he would be happy to , this should be a slam dunk to prove
The scooter is damaged, but I do not think totaled. I am badly bruised on my right side . Have insurance on scooter - but no medical or collision. No accident report from police as they said there was no contact , but filed one with state . I have other drivers info , and will write her asking for insurance info to avoid courts . I Have high deductable imed nsurance and have seen a chirpopractor for adjustment and got a great massage . [ word to the wise - get soft tissue injuries worked on and out ASAP after an accident ] .

Now - I want to recover my medical bills and damage to scooter and believe I will have to go to smalls claims eventually as the insurance will just blow me off [ but maybe not - time will tell ] . What I am wondering about is should I go to an MD , or is the chiropractor enough and how should I apporach this as far as documenting my costs . I am self employed , and also a substitute teacher . Have lost a few hundred dollars in wages so far . I hope truly I am not going to be permanently damaged by this, but my rotator cuff is really hurting as well as hip. So again- how to document this so I can present to insurance company or judge in small claims. A lawyer will not take this case as it is to small. Thank you- Michael

Care to try to put that in UNDERSTANDABLE English???

 

[shell007]

What I am wondering about is should I go to an MD , or is the chiropractor enough and how should I apporach this as far as documenting my costs . I am self employed , and also a substitute teacher . Have lost a few hundred dollars in wages so far . I hope truly I am not going to be permanently damaged by this, but my rotator cuff is really hurting as well as hip. So again- how to document this so I can present to insurance company or judge in small claims. A lawyer will not take this case as it is to small. Thank you- Michael

Go to an MD or DO. Let them then refer you to a PT (physical therapist) if needed.

Chiropractors are not looked at by insurance co.'s (or anyone else for that matter) with a great deal of respect.

 

[arrow]

rewording or statement

Sorry about the poor explanation. I was traveling east and she was going north and had a stop sign while I did not as the whole road is without lites and stops . The witness was behind me and saw that if I had not layed down the scooter , I would have run into her , as I saw that she just went right thru the stop sign and never even looked at me.
Any more advise is always appreciated , as well as this very rare site . thank you- Arrow

 

[moburkes]

Sorry about the poor explanation. I was traveling east and she was going north and had a stop sign while I did not as the whole road is without lites and stops . The witness was behind me and saw that if I had not layed down the scooter , I would have run into her , as I saw that she just went right thru the stop sign and never even looked at me.
Any more advise is always appreciated , as well as this very rare site . thank you- Arrow

Its usually hard to get someone to accept fault, since there was no contact, although hitting her would have caused you more injuries.

(side note: People all the time file claims in which they avoided the deer, and end up hitting a tree, instead, for example. Hit the deer, its considered a comp claim, which is not at fault. Hit the tree, its an at fault accident.)

 

[arrow]

query

Are you saying I will not have any luck pursuing with Insurance Company or with courts [ small claim . i am not expecting insurance to respond, and am expecting if the other person is not willing to cover my necessary bills personally , to go to small claims. A clarification here would help. Thank you for responding.
For the smarmy bozo's that had little to add but their snide rejoinders . Why say anything when you have nothing to say .

 

[moburkes]

Are you saying I will not have any luck pursuing with Insurance Company or with courts [ small claim . i am not expecting insurance to respond, and am expecting if the other person is not willing to cover my necessary bills personally , to go to small claims. A clarification here would help. Thank you for responding.
For the smarmy bozo's that had little to add but their snide rejoinders . Why say anything when you have nothing to say .

When you ask people to help you, you need to write more clearly. Evidently, others were having the same problem understanding you, as I was.

Anyway, I don't think you have any proof that this person caused you to "lay down" your scooter. But, I'm an insurance agent, not a lawyer. The burden of proof is on you, and you don't appear to have the proof, whether its small claims or the insurance company. AND, you were required to have PIP, so they wouldn't be responsible for your medical bills anyway.

 

[arrow]

reply to Moburkes

The man behind me saw the whole thing , as I originally said , and he both said it was obviously her fault as she was in the intersection with me going 20 MPH perpindicular to me . In other words , she jumped the sign and was in my way illegally . I either dump or die. It is obvious to me who is at fault , and if my witness steps up as he says he will , any judge would be in my favor. Especially if I am essentially honest . Meaning I am not tryi ng to make a killing , just get my medical bills covered .
One other thing . I called my insurance agent , who purportedly was a friend and who I had been loyal to for years, even after moving from the town we did business in . I explained the whole situation , and when I asked for advise - she told me only what she had to. Absolute minimum. I never realized my relationship with my insurance company and it's agents was so adverserial , and will now be more informed and act accordingly . When I learned the next day that I was legally obligated to file an accident report , or could be held libel , I realized she had had the opportunity and knowledge to tell me this when I asked - but purposely chose not to [ thereby comprimising me legally and yes, ethically ] . She acutally told me it was on my drivers test - which I took in 1966 !!

 

[moburkes]

The man behind me saw the whole thing , as I originally said , and he both said it was obviously her fault as she was in the intersection with me going 20 MPH perpindicular to me . In other words , she jumped the sign and was in my way illegally . I either dump or die. It is obvious to me who is at fault , and if my witness steps up as he says he will , any judge would be in my favor. Especially if I am essentially honest . Meaning I am not tryi ng to make a killing , just get my medical bills covered .
One other thing . I called my insurance agent , who purportedly was a friend and who I had been loyal to for years, even after moving from the town we did business in . I explained the whole situation , and when I asked for advise - she told me only what she had to. Absolute minimum. I never realized my relationship with my insurance company and it's agents was so adverserial , and will now be more informed and act accordingly . When I learned the next day that I was legally obligated to file an accident report , or could be held libel , I realized she had had the opportunity and knowledge to tell me this when I asked - but purposely chose not to [ thereby comprimising me legally and yes, ethically ] . She acutally told me it was on my drivers test - which I took in 1966 !!

Arrow, please re-read your original post. First, you state that you have a witness, then in the next line, you are the only witness to the woman not stopping.

I understand that you are trying to get your bills covered. However, as averad pointed, YOU are required to have PIP coverage to pay your own medical bills. So if/when you go to court, you will be required to explain why you were driving illegally, and how/why you expect to get your medical bills paid by her insurance, when her insurance (or the driver, for that matter) is only required to pay after you have exhausted your PIP benefits.

Your insurance agent can't give you advise, because she is not a lawyer. She wasn't trying to be rude to you; she was trying to keep her insurance license, but not attempting to use it to practice law. Why would she purposely not tell you to file an accident report? Will she benefit if you don't file it? That makes no sense.

You have been trying to assing responsibility where there is none. Your insurance agent is not responsible, nor is the other driver is not responsible (for your medical bills, until PIP has been exhausted).

Also, if you had questions is regards to a CLAIM, you should have contacted the claims department, not the agent (who's only job is to SELL insurance).

What insurance do you have on your scooter? Please list the coverages and amounts in your response.

Your health insurance may not have covered this anyway. You will need to read your policy. Health insurance, in most states, was not meant to cover scooter accidents.

 

[arrow]

moburkes - a reply

1- The witness never saw if she stopped at the stop sign. Only that I had to lay my bike down to avoid slamming into the side of her car in the middle of the intersection. That is all he will attest to. For me, that is enough to put her 15 feet in front of me in an intersection where I have the right of way . I saw she never looked and never stopped at the stop sign, but that is moot in court.

2- My coverage is 100/300 bodily injury , 100 P.D. , 100/300 uninsured motorist , medical no fault /zero , no comp and no collision. Cost was $27 it says . If you have a clear experienced idea if I should pursue thru my insurance co. or hers - well I would like to hear it .

3- I have health insurance , but it has a $5000 deductable.

I am simply switching agencies. I realize she just sells insurance, and if I knew I had a claim I would have called them last week. My agent said I have "no medical and no collision" on my policy , also . Do I ??? Thank you for responding and I will check answer later.

 

[moburkes]

1- The witness never saw if she stopped at the stop sign. Only that I had to lay my bike down to avoid slamming into the side of her car in the middle of the intersection. That is all he will attest to. For me, that is enough to put her 15 feet in front of me in an intersection where I have the right of way . I saw she never looked and never stopped at the stop sign, but that is moot in court.

2- My coverage is 100/300 bodily injury , 100 P.D. , 100/300 uninsured motorist , medical no fault /zero , no comp and no collision. Cost was $27 it says . If you have a clear experienced idea if I should pursue thru my insurance co. or hers - well I would like to hear it .

3- I have health insurance , but it has a $5000 deductable.

I am simply switching agencies. I realize she just sells insurance, and if I knew I had a claim I would have called them last week. My agent said I have "no medical and no collision" on my policy , also . Do I ??? Thank you for responding and I will check answer later.

I don't understand about your "mdical no fault zero". I am a licensed insurance agent for OR. Did you sign to reject PIP. I didn't even realize that you could do that. The way that it works in your state is that you file the medical claim under YOUR OWN insurance policy. Even if you didn't have a high deductible for your health insurance, I wouldn't expect them to cover this accident. You can still call them. MAYBE (HUGE MAYBE) they can help you collect from the other driver. Like I said before, usually, without contact, there is no liability on the part of the other driver. However, MAYBE they can help you. There is no harm in asking. However, be prepared for an at fault accident to show up on your record if they don't assign fault to the other driver. There's a better chance that your UM coverage will pay if you do NOT have the info on the other driver.

 

[arrow]

moburkes

Called and filed a claim with company and they said the adjuster will contact me and call the other party and the witness to determine fault. Either way , if insuarnce companies do not help me with my med bills [ which I am praying are not to high - really ] - I will have to take the woman to small claims - where i have been a number of times and have never lost . To be honest- I am not sure what part of my insurance would cover my medical costs - can you tell me . Would it be medical no fault ? I never signed anything in relation to my insurance , and will call state insurance division to check if you do not know about this. I thought I would be covered . Thanx again - A

 

[moburkes]

Called and filed a claim with company and they said the adjuster will contact me and call the other party and the witness to determine fault. Either way , if insuarnce companies do not help me with my med bills [ which I am praying are not to high - really ] - I will have to take the woman to small claims - where i have been a number of times and have never lost . To be honest- I am not sure what part of my insurance would cover my medical costs - can you tell me . Would it be medical no fault ? I never signed anything in relation to my insurance , and will call state insurance division to check if you do not know about this. I thought I would be covered . Thanx again - A

Your PIP, personal injury protection, would pay your medical bills, up to the coverage limits listed on the declarations page. Yes, its also called, medical no fault.