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I was in an accident on the 12th of last month where a guy let his very large dog run free and it ended upcoming out of a ditch right in front of me while I was doing about 60mph. The dog didn't make it, my ultra had about $12,000 damage, and I wound up with a fractured skull,10 staples to the top of my head,3 broken ribs, a sprained left ankle, a broken left fibula( small bone in the bottom of your leg), and ,of course
road rash. THe guys insurance company has already given me the check for my bike. And I was wondering how they determin how much your
"pain and suffering" is worth.


Thanks for looking,

Elvis
 

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Road Captain
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elvis,
Although I can't provide any answer for the inquiry, I certainly want to say glad you are still with us and recovering! Keep the chin up, surely some of the great folks here will provide some help.
 

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EvilMonger
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Elvis,
I wouldn't even sign that check without at least talking to an attorney(cost nothing to talk). The insurance company might consider case closed with you cashing the "settlement" check. Sorry I just don't trust insurance companies.
 

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I don't think you would stand a chance of getting what's due to you without an attorney. There are industry standards for compensation and if you don't know the in and outs I don't think the insurance company is going to volunteer any information, no matter how nice, helpful and friendly their representative seems to be.

Good Luck, sounds like it was a fairly close call.

Fire
 

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Thealien said:
Elvis,
I wouldn't even sign that check without at least talking to an attorney(cost nothing to talk). The insurance company might consider case closed with you cashing the "settlement" check. Sorry I just don't trust insurance companies.

Denied: The case, if refered as an injury claim remains open until you release liability in writing.

There is more than pain and suffereing involved.

(1) Actual Loss
(2) Time off work
(3) Pain and suffering
(4) Potential loss of use
(5) Future Medical
(6) Your current Medical is worth treble damages in court

DEFINATELY GET A LAWYER!

Welcome to the Forum
 

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Road Captain
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:eek: Hey fourhour,
now that was an interesting discussion/thread. But the point presented by the cooler (?) heads is well taken......
 

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Striking an animal and other thoughts...

In most states, if you hit a deer (or other wild animal) the best you can hope for is that your own insurance will reimburse you (unless you could prove that the deer came from a game farm, and that the owner was negligent in letting it run free). If you hit a cow, or other domesticated animal, you can sue the owner of the beast for your losses. Incidentally, I have never heard of a case where someone deliberately ran into an animal in the hopes of making a fraudulent insurance claim, but I wouldn't be suprised if it had happened.

As far as medical and other losses, you really need to get an attorney. As a rule of thumb, insurance company's typically pay three to four times your medical expenses as "pain and suffering"; but there are many, many factors that go into determining this. An injury that causes a lifetime of severe pain and disablement will be reimbursed differently than one that heals completely, even if the medical expenses are the same. An attorney will usually work on a contingency basis - typically he will take one third of any settlement, but gets nothing if you do not collect. Also, you need to make sure the owner of the dog in question has sufficient insurance to cover all of your losses. If he doesn't you may be out of luck.

Lastly, and I'm sure you don't want to hear this, in such cases the other side's attorneys may argue that you had a certain amount of "contributary" negligence - especially if you were not wearing a helmet or other protective gear. Just another reason to always wear your skid-lid.
 

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Get a Lawyer. In some states you can get up to 80% of your medical Bills. My cousin was mauled by a German Shepherd/ Rottie mix. Fortunatly her face wasn't touched but her lower body was shredded. She got 100% of the medical Bills Plus 80% of the medical Bills value in Pain and suffering. That was in PA though, Not Sure about Ohio.
 

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I gotta agree with what everyone else has said... Your so lucky the out come wasn't worse!!! A friend of mine last year..and this is a true story... had this experience... talk about a chain of events.. Jerry riding home one night, on his harley,after a thunder storm, well the lightning had hit a tree, tree fell over onto a fence, cows get out, on to the road and.... you guessed it.... Jerry T-boned the black cow... cow died... Jerry Fu%*ed up... Real bad.... took months of recovering... he's o.k now.. and riding again! glad to hear your o.k! good luck!
 

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Sorry to hear..Hope you make a full recovery..

Some good advice in this thread "didn't go to that other site..but I think The alien and Jimmy K hit it right on the head "just my .02"

I have been told before that some insurance companies will try and issue a check as soon as possible and make you believe they are concerned, but the amount is far less than what you should be entitle to.

Once the check is cashed you have settled and may not be able to any other compensation.
I would almost bet it's in small print somewhere..

You gotta get a lawyer .. Hope your riding again soon..
Sin
 

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elvis, glad you made it!!! The bike can be replaced. You can't!!!!

That being said, PI lawyers have a very bad name. However, the bottom line is that you will almost ALWAYS receive a much large settlement with the help of a lawyer. Even after you pay the big percentage fee. (Personal experience of my own and my son.)

Get a lawyer. NOW!! And get one who specializes in motorcycle accidents.
 

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Laws differ state to state so much its hard to say anything but what I know from my state, Fl.
Fl has no "pain & suffering".
Medical bills, loss of work, loss of use, loss of personal items, mileage to & from the Doc, lawyer fees and a settelment are some of the things Fl has.
 

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I am an insurance adjuster and feel that 1st and foremost you try to find out what kind of limits this person has. Then keep in mind that if he has minimal limits that your insurer will then pickup on the amount of losses above and beyond that amount up to your limits. Hopefully you have high limits of uninsured/underinsured coverage. Also in alot of states you can stack your policies for as many vehicles as you have covered with that insurer. And like everyone said be sure to make it clear that it was totally not your fault. The thing of today is to make you negligent to some degree and you don't want that to happen. (oh and just for the record I am an independent adjuster and always try to put myself in the other persons situation) I am interested to know who the insurer is for the homeowner because I know how alot of the insurers handle their business and am curious. Good Luck glad you are hear to tell about it.
 

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Just Like to Ride
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Originally posted by Thealien Sorry I just don't trust insurance companies.
And that is a good attitude to have. They are not in it for our benefit but to make money and keep their stockholders happy. And, you can bet your a$$ they had their lawyers look oevr everything before they cut that check. And much as I dislike lawyers, you better get one.
 

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Elvis,
Glad to hear you made it through!! I had a similar experience in September when I embedded my V-Rod into the side of an 87 Nissan that turned into my path.
I was lucky to escape injury free, so I didn't feel the need for a lawyer.
The insurance company paid for the repairs, and the bike is still in the shop today -getting a new frame.

Had I been injured, I would have seriously considered JimmyK's advice to get a lawyer!
If stupididty can't be painful, make it expensive!

Good luck bro on whatever you decide.
 

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Elvis,

I'm a lawyer in Pittsburgh and I represent people that get sued through their insurance companies hiring me. I've defended a few cases just like yours. Ohio law has some differences from PA, but they probably aren't much different. Here's what I would look at if your case was in PA.

What concerns me first is the check you got for your bike. Make sure it doesn't have wording to the effect of "full and final settlement of all claims" on it. Do not sign any documents that look like a release of personal injury and/or all claims.

Regarding the value of your claim, there are two general things to look at. First, this would be a negligence claim against the owner of the dog. Two general parts to negligence claims are liability (fault) and damages (what's it worth). In PA, there is a statute that requires dog owners to keep the dog restrained on their property. If this was in PA, there would be negligence per so for the owner violating this statute (unless the owner could prove that the restraining devices were reasonable and the dog broke free anyway). So you probably wouldn't have a hard time with the fault part of the equation.

The value part of the case depends upon the nature and extent of your injuries, the amount of your medical bills and wage loss, how long you couldn't work, etc. It sounds like you got banged up pretty good, but some people have significant injuries that completely heal and others have much more minor injuries that seem to go on forever. The bottom line is, there is a lot that goes into the settlement value of a case.

In PA, you can have uninsured and underinsured motorist coverage, stacking of limits, etc. However, that is when the party at fault is a motorist--not a dog owner. You would not have the coverage available in your case, even if you had purchased it. Once again, that is PA.

Go see a lawyer. But ask around first and get one with a good rep. You don't want an inexperienced guy or gal to give you a line of BS about how good they are when they really don't know what they are doing.

I've been riding HDs long before I became a lawyer. It's not a good thing to see anyone go down. Glad to see you're hanging in there.
 

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First, shoulda got a lawyer immediately.

They can advise you on how/when; and stand in there with the Ins. folks....cause they're a PITA to deal with.

It does take time.......your injuries sound about like mine were;
head concussion, cracked ribs, busted mouth, and whiplash, and knee damage. If you get nothing, the mouth piece gets nothing;
he gets 1/3 of the settlement. In my case I missed a little over 2 weeks from work, but went to physical for almost 9 months, and it took a bout 1 year to get $$$. Main thing is to not get in a hurry.
 
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