PRAYER PLEASE...Got checked out after an accident yesterday...NOT GOOD.
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I am assuming that eveyone involved has insurance? \\;\\\\\\; Your first priority to get yourself fixed up. \\;\\\\\\; If the driver had half way decent insurance, the insurance company will make you an offer in order to get a signed release from you. \\;\\\\\\; Don't do it, regardless of what the dollar amount may be. \\;\\\\\\; \\;\\\\\\; Even if your insurance company flips the bill, there may be a lean involved and signing a release and receiving a settlement \\;\\\\\\;may cost you everything. \\;\\\\\\; \\;\\\\\\; Once you are healed to the point of exhausting all medical treatment, you may consider accepting a settlement. \\;\\\\\\; The insurance company has three years from the date of your medical release to conclude settlement, at which time you can request a hearing ( if your not happy with the amount). \\;\\\\\\; My point being, you dont need an attorney. \\;\\\\\\; In a settlement case , typically the attorney will get 1/3 of YOUR settlement plus all cost (which is about another 1/3). So even if you received a couple hundred grand, your attorney will probably come out better then you.
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On the other hand by NOT siging a release, the drivers insurance company will be on the hook for the rest of your life!
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I was rear ended in April 07. \\;\\\\\\; Had two spinal surgerys. \\;\\\\\\; The second one left my sedated in ICU for a week due to complications stemming from bacterical pnemonia, and a blood clot 4 inches from my brain and unable to eat..was as close to being a goner as one can get! Was in the hospital for another month learning how to talk and swallow again, in a hard cervical collar 24/7 for 5 months and 3 disc's fused in my neck with permently resticted movement. \\;\\\\\\; My medical bills exceeded $170,000.00 and are still accumulating. \\;\\\\\\; \\;\\\\\\; I had attorneys contacting me in the hospital. \\;\\\\\\; \\;\\\\\\; They want only one thing..your money.
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I wish you luck, offer my prayers and wish you a speedy recovery.
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Get yourself healed up brother. Anything you need to know can be found on the internet or better yet consult with YOUR insurance carrier. \\;\\\\\\; They will want their money back also and will also be able answer all your legal questions!
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A couple things to keep in mind. If the driver of the truck had no or little insurance and has any assets at all, he probalby has \\;already filed for bankruptcy.
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Check your limtiations for uninsured motorist.
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Lastly, and this is huge as this is one area most folks really screw up. \\; Check your policy \\;for UNDERINSURED motorist. \\; Even if the driver that hit you had minimum insurance(20 grand), your may carry up to $1,000,000.00 in underinsured coverage. \\; \\; In the event there is a huge settlement involved, you will still get \\;what you deserve. \\; \\;Contact all insurance \\;companies involved and \\;demand copies of the insurance limitations.
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Dennis in Chicago
The Best of Harley-Davidson for Lifelong Riders
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With that being said, the insurance companies (yours and both other vehicles carriers involved) will have to piece everything back together to reach some agreement. This includes determining liability. Even though the officer noted it on the police report, it still takes the insurance companies time to get the police report and speak to all parties involved. Typically with 3 or more vehicle accidents this process takes longer. My suggestion would be to have your insurance company handle the damage to your bike, along with any medical coverage that you have like med pay or UMBI. Most of the time injury claims will not be settled until a prognosis in completed and treatment \\;is completed as well. These types of claims take time. So patience is important.
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On the lawyer subject, it is always an option. Most lawyers don't handle your claim, their paralegal's do, which are basically claims adjusters for the lawyers. Lawyer's also get 30 to 40 percent of your settlement. That's alot when looking at any possible long term issues that could arrise from your accident. Me personally, I would get a lawyer until I really had to, I would try to settle it myself and if you don't agree with the direction it's going then seek their advice.
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Dan, again I really hope that everything works out for you and please get the medical attention that you need, because it's truly the most important thing at this point. I also wanted to let you know that this is my opinion as I am not a doctor, a lawyer, or any expert for that matter. My advice is coming from my own job experience and life experiences. I am in the insurance business and was a claims adjuster for a long period of time. I am also almost 5 months out of spinal surgery for my cervical spine. I had two herniated disks pushing on my spinal cord which caused paralysis of my left arm. I have three vertebra fused in my neck and am still going through physical therapy for recovery. Hopefully, by six months I will be allowed to ride again and will purchase my 2nd Harley. If you have any questions please don't hesitate to ask and good luck to you.
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This is great advise. \\;\\\\\\; Settle for nothing less!






