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  1. #1

    Default Hit by a Car on Motorcycle, What Damages Can I Recover

    My question involves an injury that occurred in the state of:tn

    Car turned out in front of me on my friend's motorcycle, cut and dry failure to yield (citation issued)

    Important facts:
    1. I have health insurance that is covering my injuries.
    2. I took the ambulance ride ($4500) spent 6 hours in a hospital ($5500) and will need surgery for my broken bones ($12.5k) and a knee brace.
    3. Driver had at least state minimum liability, that's all I know.

    Q1. Should I let my health insurance cover my injuries or let them bill be? Will my premiums go up?

    Q2. How does the state minimum work? If it's 25k / person & 50k total per accident for injury, does that mean as soon as my bills exceed 25k I won't get anything else? (My bills will be over 25k easily)

    Q2.5. Can I seek more and have the insurance company settle for more. and then they will take it up with the driver? This is going to affect me for a while, I would like to seek a settlement, but I/m afraid after that 25k I'm SOL.

    Q3. How do I go about finding a lawyer??? There's not full coverage on the bike, and Driver's insurance is trying to settle asap. There are SOOOOO many lawyers here. I have no idea how to start. The only thing I can think of is trying injury lawyers I see on tv, but that worries me.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Hit by a Car on Motorcycle: Injury Limits vs Surgery Cost and How to Find a Lawye

    If your bills will easily exceed the motorists coverage and you have no med coverage on your insurance, I would let the bills go through my personal health insurance to take advantage of the negotiated rate, which will be much lower and subrogate out to the car insurance at health insurances cost. I would remember, as I coordinate this, to forward MY portion of the uncovered medical to be paid first, rather than have it come out of my pocket. If the auto insurance still does not have enough to cover the 25k, your health insurance would recover whatever they can up to that amount.

  3. #3
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Hit by a Car on Motorcycle: Injury Limits vs Surgery Cost and How to Find a Lawye

    You can seek whatever you'd like, but the insurance limits are just that. If they have 25/50, you'll get $25k from the insurance company and that's if you settle. If you go to court to get a judgement for a greater amount, the insurance company will represent their insured and after you win, which could take a looooooooooong time, then you'll get that same $25k plus a piece of paper that says the poor SOB that hits you also owes you money he/she may or may not have. The person may also have more than state minimum. Your health insurance will likely place a lien on any settlement you get so if your bills are greater than the insurance, you'll get nothing unless you hire an attorney who will negotiate the lien.

    Do you not have UM coverage? IMO, every motorcycle owner should carry a TON of UM. They'll likely need it.

    Crack open the phone book and call up a few attorneys.

  4. #4

    Default Re: Hit by a Car on Motorcycle: Injury Limits vs Surgery Cost and How to Find a Lawye

    Thanks, this is excellent advice and sums up several replies worth of advice on freeadvice in one post!

    I've learned a lot since this initial post and have had a coupe of consultations, I'll try to sum up and then end with a couple of questions:

    • Lawyers seemed to think that since driver was progressive, it would be state mins of 25k
    • I have no UIM (under/uninsured either one) it was my roomates bike and he declined it.
    • I over estimated, looks like my medical bills are 18k so far inc surgery
    • Some lawyers were frustrated that I didn't sign the retaining papers right then and there. really?
    • One was worried that the driver would only have state min of 25k and not 100k
    • Progressive adjuster said she could only give me so much and that getting a lawyer would only take a bigger chunk out of it
    • She also is badgering me for a recorded statement which I STILL haven't given
    • They won't release the policy limits, but I hear this is normal.
    • most lawyers seem to have a 30-40% fee
    • The adjuster told me blue cross blue sheild would not negotiate medical fees with their subrogation dept...
    • However lawyers have told me that BCBS generally negotiates about 1/3 of the full cost in settlement.
    • you can't get blood from a stone. I've always known this, judgements are easy to get but enforcing them is hard, I mean, the worst I could do is screw up his credit. Kinda sucks for him. (Although I do have to say he got out of the car and LIT into me, started yelling about me not watching where I was going, etc)
    • Progressive refuses to make a move without my recorded statement


    So, assuming they have minimum 25k, I have some questions.

    So questions:

    1. Can I negotiate on my own with the subrogation department? Does a lawyer absolutely have to be involved?
    2. since I'm going through my personal health insurance will they place a lein on the bills? or is that just the same as them subrogating them?
    3. Can I retain a lawyer JUST to supervise the recorded statement, and JUST to negotiate the medical bills?
    4. Is there ANY way i can find out their policy limits?



    The reason I ask these... Assume he has 25k limits (if he has 100k, I'll hire a lawyer at the drop of a hat)

    18k in bills.
    Lets assume progressive covers the bills and offers 6k for P&S. Total of 24k.
    I get 6k.

    If I retain a lawyer, he gets 1/3 of the settlement, so 8k.
    He negotiates 1/3 on my medical bills with subrogation. 6k instead of 18k
    So I walk with 10k. Worth it sure.

    But... If I can negotiate my own medical bills. I don't have to have a lawyer for much else right?
    _____________
    Ok, ok, so hiring a lawyer seems like a good idea regardless, but it just worries be that I may end up owing the Laywer, the insurance company, and have NOTHING left over, or LESS left over than if I'd taken the settlement.

    So... I want them to spit out a number before I retain a lawyer.
    The only way they will do that is if I record a statement.
    So can I retain a lawyer just for the recorded statement? Say for like 1-3 hours?

    If they spit out 15k I know I need a lawyer.
    If they spit out 25k and I can do my own negotiation then I'm better that way.
    If they spit out ANYTHING over 25k, 26k even, then i know the policy limit is higher and I can retain a lawyer.

  5. #5
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Hit by a Car on Motorcycle: Injury Limits vs Surgery Cost and How to Find a Lawye

    You need an attorney.

    Without an attorney there is no motivation for BCBS to lower their lien. They aren't going to agree to take less than policy limits (if their bills exceed the limits) just so you can get something in your pocket. With an attorney, a typical negotiation would be 1/3 for everyone; BCBS, you and the attorney. Other than that, you better hope they have policy limits that exceed the bills for you to get anything.

  6. #6

    Default Re: Hit by a Car on Motorcycle: Injury Limits vs Surgery Cost and How to Find a Lawye

    Noted. Thank you.

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