Hit, hospitalized, looking for some advice/pointers
Thread Starter
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Tourer
Joined: Sep 2011
Posts: 252
Likes: 1
From: Kentucky
Hit, hospitalized, looking for some advice/pointers
So three weeks ago yesterday I was in an accident on my bike and hospitalized for over two weeks with 6 broken ribs and a punctured/collapsed lung. It was the biker's nightmare: car in oncoming lane turned left right in front of me and no time/room to avoid hitting it. Apparently she "didn't see me" which is likely code word for paying more attention to her phone or makeup than the road. I hit the rear quarter of her car on the passenger side, flew over the the trunk and landed in the street. While in the hospital, had 4 different chest tubes and had to have surgery to clean out the area around my right lung to get it to inflate properly. Though I certainly could have come out of it a lot worse, it was a miserable couple weeks and I'm still plenty sore, weak, and physically limited as I recover. Had to cancel one short weekend vacation that I already paid for, and my upcoming family trip to Disneyworld is going to be significantly degraded due to my injuries. Frustrating.
The semi-good news is the bike ('04 Heritage below) is fixable, and my insurance company has cut a check for $7500 for the work and is ok with about another $1500 if some unexpected damage/repairs are identified during the process.
My question to the group is what advice or pointers do you all have as I go trhough this? I have a lawyer who is going to help me through a lawsuit, so that ball is rolling. My first time goign through this, so I appreciate any tips to make this easier.
Edit: I have the police report. She was cited for failure to yield the right of way and inattentive driving. I was not cited at all.
The semi-good news is the bike ('04 Heritage below) is fixable, and my insurance company has cut a check for $7500 for the work and is ok with about another $1500 if some unexpected damage/repairs are identified during the process.
My question to the group is what advice or pointers do you all have as I go trhough this? I have a lawyer who is going to help me through a lawsuit, so that ball is rolling. My first time goign through this, so I appreciate any tips to make this easier.
Edit: I have the police report. She was cited for failure to yield the right of way and inattentive driving. I was not cited at all.
Last edited by jmr1971; Sep 16, 2014 at 05:52 AM.
Outstanding HDF Member
Joined: Dec 2007
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From: In front of the computer for now.
Healing will take a while and you will need to follow the advise your doctors give you. Don't give up.
Sounds like she is getting off with a fairly light slap on the hand. It's up to you to make her realize that she shouldn't get off scott free. As rwhisen said, go for the throat, she certainly went after your body parts.
Sounds like she is getting off with a fairly light slap on the hand. It's up to you to make her realize that she shouldn't get off scott free. As rwhisen said, go for the throat, she certainly went after your body parts.
Road Master
Joined: Aug 2013
Posts: 837
Likes: 8
From: Wyoming
Make sure your attorney knows about the vacation you paid for but could not go on. Whatever you pre-paid for the vacation should be part of your damages. I hope your attorney is experienced with personal injury. There are nuances to insurance coverage that vary by state, and an experienced personal injury attorney will know how to navigate them. Remember that if you have underinsured motorist coverage on you own policy, you can seek reimbursement from your own insurance company if the other driver's insurance does not fully cover your damages (at least in the sates with which I am familiar).
Thread Starter
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Tourer
Joined: Sep 2011
Posts: 252
Likes: 1
From: Kentucky
Make sure your attorney knows about the vacation you paid for but could not go on. Whatever you pre-paid for the vacation should be part of your damages. I hope your attorney is experienced with personal injury. There are nuances to insurance coverage that vary by state, and an experienced personal injury attorney will know how to navigate them. Remember that if you have underinsured motorist coverage on you own policy, you can seek reimbursement from your own insurance company if the other driver's insurance does not fully cover your damages (at least in the sates with which I am familiar).
Road Warrior
Joined: Aug 2008
Posts: 1,924
Likes: 3,066
From: USA
Keep a daily log documenting your injuries, pain, and inability to do things you were able to do before. If you can't cut your lawn and have to pay for it, document it. If you can't do your vehicle maintenance and have to pay for it, document it. In that log, record any medication you have to take and the cost of it. Keep a mileage log to Dr's, physical therapy, pharmacy, and any other related costs (trip to get police report).
Part of you lawsuit will encompass pain and suffering. Walk in to court with a daily log and it is pretty hard to dispute.
Good luck to you and best wishes for a complete recovery.
Part of you lawsuit will encompass pain and suffering. Walk in to court with a daily log and it is pretty hard to dispute.
Good luck to you and best wishes for a complete recovery.
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Road Warrior
Joined: May 2009
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Sounds like you are doing everything you can legally. Now just get well .
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