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 Posted: Tue Aug 31, 2010 8:18 pm Post subject: motorcycle accident that was not myfault |
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| a few months ago i had a van pull over on the side of the highway to do something then he tried to do a u turn in front of me i hit him in the side with my motorcycle going between 45 and 50 mph i had to go to the hospitial in an ambulance where i spent 5 days i had a fractured pelvis broken collar bone and my right shoulder bone got broken really bad i have got a metal plate and 8 screws in it this happened in june and i am still out of work what be a fair amount for pain and suffering and lost wages i want a ball park figure |
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bradleypeeler1075
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| Posted: Tue Aug 31, 2010 8:45 pm Post subject: |
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| Quote: | | what be a fair amount for pain and suffering and lost wages i want a ball park figure |
Really no way to know without all the details... such as as location, age, over-all health prior to the accident, review of all your medical records, knowing your prognosis, etc. All of these things are considered. Oh, and the amount of your medical bills and loss wages of course.
Many times people think their settlement should be 3x their medical bills. Usually they are incorrect as they just have a soft tissue injury. In your case I'd say this (and/or more) would not be out of line. Your injuries appears to be substantial. You also need to consider any possible future loss wages and on-going medical treatment.
Do you know what the other person's policy limits are? Do you have under insured motorist bodily injury coverage? |
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tcope
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| Posted: Tue Aug 31, 2010 9:07 pm Post subject: |
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| Quote: | | Do you know what the other person's policy limits are? Do you have under insured motorist bodily injury coverage? |
EXACT questions I was going to ask...you need to find out (if you can) the other guys BI limits..if low, AND you have UIMBI coverage you need to get a claim filed with your carrier as well.
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Lori
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| Posted: Tue Aug 31, 2010 10:27 pm Post subject: |
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Your injuries are those that most personal injury lawyers would love to know about. They will happily take your case for 33% or more of any settlement amount, and then accept the highest settlement they can get without actually having to go to trial, where they might lose.
With an attorney, you could end up with less than you might obtain on your own if the at-fault party has only minimum or very low limits of liability.
As tcope has said, first you need to assess your "specific damages" -- those which can be absolutely quantified: medical expenses, lost wages, property damage to your motorcycle. Then you need to put a value on your "general damages" -- future loss of earnings and potential medical expenses, pain and suffering/permanent impairments, loss of consortium, those kinds of "intangible" things.
When you add it all up, that's what your claim might be. If it exceeds the other person's insurance limits, and they have little or nothing of value that you could attack, then you'll obtain the limited amount of insurance available, and if you have UMBI/UMPD your insurance company will pay up to that limit of liability, which could fully compensate you. Why give 33%+ to an attorney for what you might be able to do on your own with just a couple of claim forms?
People sometimes make dreadful mistakes getting involved with an attorney too soon. The time to get an attorney is after the insurance company denies your claim, or when they only offer an unreasonably low amount of money to settle the claim. Those "bad faith" lawsuits obtain larger awards, since the culprit is the insurance company, not the insured.
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MaxHerr
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| Posted: Tue Aug 31, 2010 10:31 pm Post subject: |
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| Quote: | | Those "bad faith" lawsuits obtain larger awards, since the culprit is the insurance company, not the insured. |
Just to be clear... this would not be a Bad Faith claim as it's a 3rd party claim. The other parties insurance company would not be named... only their insured (unless they gave out incorrect information that somehow damaged the other party, which is doubtful). |
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tcope
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| Posted: Tue Aug 31, 2010 10:43 pm Post subject: not enough insurance |
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| if they dont have enough insurance it was a company vehicle that hit me so would it be possible for me to sue the company if there insurance could not cover it |
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bradleypeeler1075
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| Posted: Tue Aug 31, 2010 11:55 pm Post subject: |
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Certainly you can sue... in the meantime you will not be able to collect a dime from the other person's insurance company. Once you obtained a judgement, you'd pay your attorney 33% of the settlement, be able to collect what you would have been paid from the insurance company and you'd have a lien against the company that owed the other vehicle. Does this company have any assets? I'm not saying they don't... just wondering.
You need to find out if they have high limits before you jump the gun. Call the adjuster and ask what their limits are. If they won't tell you the amount, ask them if they think they have sufficient limits to address your loss. Its possible (almost probable) that they have a million dollar limit on their business auto policy. |
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tcope
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| Posted: Wed Sep 01, 2010 12:53 am Post subject: ok thx |
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| thats the kind of info i was looking for i will call them tommorow i dont wont or plan on sueing anybody just wont to treated fairly you have been helpful |
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bradleypeeler1075
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| Posted: Wed Sep 01, 2010 12:53 am Post subject: ok thx |
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| thats the kind of info i was looking for i will call them tommorow i dont wont or plan on sueing anybody just wont to treated fairly you have been helpful |
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bradleypeeler1075
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| Posted: Wed Sep 01, 2010 11:31 am Post subject: |
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| Quote: | | Its possible (almost probable) that they have a million dollar limit on their business auto policy. |
Is it natural for all of them to have a million dollar limit? Or is just a hunch?
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bloomfontein
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