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*Write* everything down, everything remotely related to this accident, every day. Don't type it.
Do not share your hopes or goals with anyone. Only discuss the truth of what happened and how you feel each day.
Get a lawyer.
Check your own policy. Sometimes, depending on the circumstance, you can also sue your own insurance company. They're used to this. Depending on your policy and your situation, they will probably give you a settlement more quickly then the other party's insurance company.
A good lawyer will pursue both, if possible. And a lawyer will be able to deal with the countersuit, which will inevitably come.
I've been on the receiving and giving side of an accident and here is my take:
You are due legitimate expenses. Dr.'s bills, bike repair or replacement. And if you suffered long lasting or permanent psychological or physical injury then you are due compensation for that. Anything more is just looking for a handout. (that is also the stance the mediator in arbitration will take too)
If you suffered permanent psychological damage from 1 spill on the bike, clearly you are not going to get another....
I hope she has good insurance, a lot don't and I hope you have good insurance. Be that you are a lucky man get your bike replaced, your medical bills paid and get on with your life. Just my two cents...
+1 although I'd add that you are lucky so don't get too deep into the victim thing. Good luck.
I've been on the receiving and giving side of an accident and here is my take:
You are due legitimate expenses. Dr.'s bills, bike repair or replacement. And if you suffered long lasting or permanent psychological or physical injury then you are due compensation for that. Anything more is just looking for a handout. (that is also the stance the mediator in arbitration will take too)
If you suffered permanent psychological damage from 1 spill on the bike, clearly you are not going to get another....
Flame away...
So tell us the details about the biker who sued your pants off......
Now that you have heard from a multitude of people that obviously have never collected on pain and suffering but offered their free opinion on how they think it is, I'll tell you how it was for me. I got hit by a cage that ran a stop sign going 60. I lost my leg in the deal. 10 days in ICU. 8 months of rehab. It took me almost 7 years and 5 court appearances to collect anything from her insurance company besides getting my bike fixed and my medical bills paid. They were very gracious about that. Pain and suffering? You better have some real documented pain and some real documented suffering if you expect to collect even a dime. If you think you are in for some sort of windfall, guess again. Rather than dreaming about getting a new car or something, think about taking your wife out to dinner and maybe a long weekend getaway. Your job, what you earned while hurt plays a part. Your family situation plays a part. There are a million factors that they will bring into play. How much pain and how long did you endure this pain? How much suffering? The suffering is a big one. Were you able to return to work and did you lose wages? That's about all you can realistically look to get back. Forget all this 3X BS and some of the other "advice" you got. The only advice you got that's worth anything is to get a lawyer, document everything in a journal or diary, and forget the whole thing unless you were really hurt bad and it's worth it to go to court, probably numerous times. Forget it unless whoever hit you has great insurance and they are well off. Realistically, you need to get your bike taken care of, your medical bills taken care of, hope to recover any lost wages, and thats about it unless you got seriously injured which from your original post, you did not. By seriously I'm talking about long hospital stays, operations, rehab, long term lasting effects and those sort of things. I ended up getting my medical bills taken care of, my lost wages, my bike taken care of, and not enough pain and suffering money to even pay for a new bike. Don't forget I'm missing a leg and it took me almost 7 years to get that. By the way, the lawyer takes his cut out of whatever you settle for and it's usually about a 1/3.
Now that you have heard from a multitude of people that obviously have never collected on pain and suffering but offered their free opinion on how they think it is, I'll tell you how it was for me. I got hit by a cage that ran a stop sign going 60. I lost my leg in the deal. 10 days in ICU. 8 months of rehab. It took me almost 7 years and 5 court appearances to collect anything from her insurance company besides getting my bike fixed and my medical bills paid. They were very gracious about that. Pain and suffering? You better have some real documented pain and some real documented suffering if you expect to collect even a dime. If you think you are in for some sort of windfall, guess again. Rather than dreaming about getting a new car or something, think about taking your wife out to dinner and maybe a long weekend getaway. Your job, what you earned while hurt plays a part. Your family situation plays a part. There are a million factors that they will bring into play. How much pain and how long did you endure this pain? How much suffering? The suffering is a big one. Were you able to return to work and did you lose wages? That's about all you can realistically look to get back. Forget all this 3X BS and some of the other "advice" you got. The only advice you got that's worth anything is to get a lawyer, document everything in a journal or diary, and forget the whole thing unless you were really hurt bad and it's worth it to go to court, probably numerous times. Forget it unless whoever hit you has great insurance and they are well off. Realistically, you need to get your bike taken care of, your medical bills taken care of, hope to recover any lost wages, and thats about it unless you got seriously injured which from your original post, you did not. By seriously I'm talking about long hospital stays, operations, rehab, long term lasting effects and those sort of things. I ended up getting my medical bills taken care of, my lost wages, my bike taken care of, and not enough pain and suffering money to even pay for a new bike. Don't forget I'm missing a leg and it took me almost 7 years to get that. By the way, the lawyer takes his cut out of whatever you settle for and it's usually about a 1/3.
The voice of reason finally post.. Still can't get over that 3x your medical bills one...
The voice of reason finally post.. Still can't get over that 3x your medical bills one...
If there is truely pain and suffering to be paid, the only good advice anyone gave was to get a lawyer and keep a diary. The rest is pure BS by people that have no clue. Slays me. The OP asked for advice from people that have had a wreck and were in the position to get compensation. Clearly, all he got was a bunch of replys from people that obviously have never been in that position. I only wish I would have gotten 3X my medical. I'd be a millionaire and then some. Hell, I can't even get SS disability!
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