Hit by a drunk ,What now?

[RJ2112]

What an ordeal , the mc insurance in pa is tottally different than the car ins, if you don't elect for the medical then it goes on your private med. ins . Under pa law if you walk across the street and are hit by a car , your med claims go under your own auto ins. But if your on a bike that does'nt apply. Supposedly her ins. is responsible for my bike and my pain and suffering thats all. I feel kind of alone , my ins told me they are out of it there is nothing for them to do.

+100 on the lawyer up. Get checked out by whatever specialists are required, get the PT, and all the exams. Your lawyer will be able to explain how to go about this, so they get paid out of the settlement, rather than you having to cover it out of pocket. They do it on speculation, so to speak.

Document everything.

Sorry to hear you are hurting..... good to know that it's not a whole lot worse!

 

[macem29]

glad to hear you're ok...and like the others said, time to lawyer up,
you know the insurance Co's will be, so you have to as well, it's not
greedy of you to do this, it's the nature of the beast, they will try to screw you

 

[DaveOTZ]

She SUCKS!!!
You need to make your rehab a priority though... Seriously, collect your receipts and hire the lawyer but let them do their jobs and in the interim get to a good doctor...

Good luck... bro

 

[VEGASRIDER]

UNBELIEVABLE!

Thanks for posting. I'm glad that your injuries didn't require for you to be bed ridden in the hospital.

Were you taken to the hospital in an ambualance?

The fact that she was drunk as a skunk is not going to go over too well for her or her defence or her insurance company. I think your lawyer will have a field day on this one.

Definately keep us posted. And don't forget to get compensated for your gear too!

 

[agp]

I got hit by a car on my bike last year. I live in NY, but it sounds similar to PA insurance laws. I'll give a brief rundown of my experience.

Car made an illegal lane change, hit me. The tip of my left index finger was mangled, nail flipped out the wrong way, could see a little bit of bone. Bike was screwed up, mostly cosmetic. About a week, maybe week and half, their insurance conceded it was there fault. They fixed the bike.

No here's where the fun starts. Basically NY is ride at your own risk. Ambulance, hospital, surgery all had to be run through my medical insurance. I kept all copay receipts. I got reimbursed for copays and time I missed at work. My medical insurance company breaks my balls for all the details and then some, I assume they're suing the person's insurance company.

Pain, suffering, disfigurement of my finger, and ending up with half a nail that can't scratch net me 19k. That number is exclusive of bike repairs and medical copay reimbursement and missed work. Luckily my friends ex works as adjuster for another insurance company and checked how good they're offer was for me. The first offer of 15k was a good number according to her people at travelers. I talked it to 19k.

My finger actually isn't that bad looking now.

Like others said document your whole experience.

 

[agp]

I forgot to say that I searched the internet for hours upon hours for information on how to handle the situation and settlement numbers. I couldn't find anything! Just lawyer ads and other crap. I know I'm in NY but PA sounds real similar. I'll answer any questions/help you anyway I can.

 

[RJ2112]

Another point to consider, is whether you can go after her in civil court as well. This is why the lawyering up is such a necessary thing. Without any background on this person.... do you know if she even HAS insurance, or any material worth that can provide for the damages she has done to you?

If it can't be pursued as a vehicular mishap due to whatever odd laws may be in place, a civil action would be the probable course for restitution. Spinal stuff doesn't go away.

 

[08fz6]

NY has no fault. basically everything goes on your insurance then they go and suit the other insurance company. I know it sounds ridiculous but in most cases works out better for you. Obviously no fault is not strictly no fault she was drunk she will still be handed all of those tickets and fines and possible jail time... But once again I live in NY not PA so not sure how it all works down there. Best of luck and I hope they throw the book at her!