Hit by a drunk ,What now?

[yamafamily]

Sitting at a redlight , already stopped for 20 or more seconds when bam , I fly up over the bars and back down into the seat .The ford escape that had been 10 feet behind me is now wedged between my tire and my fender , my tail light was up over the hood . I couldnt reach the ground my bike was spread so far . I had to crawl off my bike because there was'nt room to swing my leg . I go back to a woman looking at the floor (passed out) beat on the window she looks up at me and says " Whaaaaat" I point at the bike attatched to her suv and say " it's a bike it ai'nt got reverse I sure as hell did'nt back into you " She peered over the wheel at the bike , then back at me and she says "Whaaaaat?" The field sobriety test was like I was watching worlds dumbest criminals. This was at 12:45 in the afternoon , I was later told at the e.r. that her b.a.c. was so high that she would loose her liscense for years. Problem is I got trated like **** at the e.r. and her insurance has'nt impressed me so far , this happened last wed. and I'm stuck at home my back and neck are killing me.Any one had any thing similar to share so I know what to expect . I'm in PA riding on the street since 1977 1st mc accident. Thank you

 

[Kazza]

That's terrible. I hope you recover soon and they throw the book at her.

Will her insurance cover you if she was drunk? It may be different in the states than in Oz.

 

[yamafamily]

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.

 

[Ryan T]

Who is your insurance company? I would say that if her insurance doesn't cover your medical bills then I would file a law suit for it, if that's possible. I can't believe your insurance is so stand offish in this matter.

Find a lawyer that handles motorcycle accident cases so they can put her through the ringer. Hopefully one that gets paid when you get paid. I think those go after the offender really hard (so they can get paid).

Good luck. I hope you get well really soon and every singel trip to the hospital, every little pain, and anything you do related to the accident should be documented/claimed during your case.

Really eager to hear which insurance you have and what she has?

Take car.

 

[08fz6]

sounds like time to lawyer up! glad your "okay" could have been much worse

 

[yamafamily]

I have nationwide ins really cheap but guess you get wh at you pay for. I have been keeping a diary of all the problems this has caused. hve an aptment tues too talkk to an attorney.

 

[yamafamily]

Her ins is allstate , I have heard okay and bad about them .

 

[GConn]

I'd definitely ask someone with experience in these cases. A lawyer, or maybe if you have a friend who works for the police (may know one or two things as they see these things all the time). I have no clue how the legislation in the US is, but I suppose that the insurance or the person should cover at least:
- damages
- treatment and medication
- temporary incabability to work due to accident
- additional compensation

It would make sense to file a case against the driver for whatever is not covered by the insurance.

 

[yamafamily]

I am also worried that there may be unseen damage to my bike I don't think there adjuster knows anything about bikes, what if it breaks a year from now , I may just want it totalled.

 

[Ryan T]

I am also worried that there may be unseen damage to my bike I don't think there adjuster knows anything about bikes, what if it breaks a year from now , I may just want it totalled.

You will need to get trusted/reliable motorcycle collision company to go over it with a fine tooth comb. Add that to the law suit as well.

I hope she gets raked over the coals in court.

 

[yamafamily]

I'm a tech and I'm going to go down now to the shop while no one is there and take some time to look at it and to make some notes . This bike has under 10,000 mi and never has been scratched so anything should maybe show up . I am just really upset over all of this. Thanks for the support and feed back everyone.

 

[FZ-B]

Sorry to hear, keep us posted.

 

[Red Wazp]

Don't go cheap on your Lawyer- you do get what you pay for. Milk the drunk for all you can get. These injuries could come back to haunt you later in life. Good luck and try not to let it eat you up inside.

 

[Hellgate]

First I'm glad you're alive. Document everything, what happened, doctor visits, etc. Get a GOOD attorney and go for her juggler vein. Don't take no for an answer.

 

[yamafamily]

I just came back from looking at my bike. I know why my neck hurts so bad . The renthal twinwall bars are forward and down a half inch on the right side. From me being thrown forward, the bike has some issues too. We will see tuesday what they say . Thanks everyone, have a nice holiday weekend, watch out for drunks the're sneaky .

 

[Fred]

Your insurance is out of it because you're not at fault. They're only there to cover your screwups.

The driver's insurance is the one that will be paying. And yes, it is time to lawyer up.

Get a journal. Document every day, including your pain level, medication needed, activities that you cannot perform or are limited in.

Document every letter, email and phone call that has anything to do with this incident.

And heal up!

Fred

P.S. To add to what Red Wazp said, spine injuries don't just go away. You are going to have neck problems later in life because of this. And in 20 years when you have problems, you won't be able to collect compensation. Collect it now and plan for problems in the future. I know this because I've been down this road with a work related back injury.

 

[krid80]

Glad to hear you didn't break anything.

Heal up fast!

 

[maverick1970]

WOW that's absolutely insane! Freakin retarded whinch. Happy to hear you are doing well. Yeah definitely take care bro and post up some pics if you have time.

 

[GConn]

I just remembered...almost got hit an hour ago by a drunk. Luckily I saw him coming too fast behind me and I swerved out of his way just in time. Jesus people can't respect anything, not even their own life. Ride safe people...

 

[marke14]

Lawyer, immediately. And I am not a sue-happy American like most ... in this case you must protect yourself legally and make sure that this person and their insurance compensate you for medical plus. You need to factor in various longterm things that your doctors and attorney can fill you in on.

Your state bar (legal bar ) probably has a referral service. There are also bike lawyers who specialize in this stuff. Good luck, with your healing especially. We're with you bro.