My First Spill! Seeking advice regarding insurance recoup

[esqdc]

It wasn't my fault and I can still walk. That's the best way to begin the story. The rest of it is as follows:  

http://www.jusprimaenoctis.com/archives/2005/06/donorcyclists_a.html

Read it after you consider that I am curious what kind of settlements/agreements people reach when they have been injured. Besides costs to repair the bike and the immediate medical costs of the broken thumb, what sort of compensation can I seek? My neck also hurts and the tendon in my thumb may be in trouble, but I don't yet know.


Thanks for the advice in advance.

[Roadstergal]

I'm not seeing the page, but that might be the crappy internet connection I have at the moment.  So I dunno if this is answered here, but - if the other party was cited in the accident, you're in a very good position.  If you're in a his/her-word-vs.-yours situation, that's more tenuous.
When I was hit (other party cited), I took one look at the sheaf of paper the other party's insurance sent, and got a lawyer.  I just wanted to make sure all of the is were dotted and the ts crossed, and I didn't want to have to pursue a year-long case myself.  We finally settled, and I got the max single-incident liability (check your state for the minimum liability).  I get that amount minus doctor bills minus lawyer fees as my net pain & suffering.  The bike and gear were handled seperately.
Mention all pain when you see a doctor; it could turn out to be nothing (I had some deep muscle aches that went away after a week), but if they turn out to be something, you want them to be connected to the accident and covered.

[esqdc]

the other party was in fact cited (and I was not at-fault). my thumb is broken and the doctor thinks there might be tendon issues requiring surgery. my neck and ribcage are very sore, the bike is damaged, and I want to collect for having gone 20 feet on the damned pavement. Her car insurer is state farm - what kind of settlements can i expect to find, do you suppose? Where do I look for min/max-allowances? Thanks for replying.

[D-Day]

the other party was in fact cited (and I was not at-fault). my thumb is broken and the doctor thinks there might be tendon issues requiring surgery. my neck and ribcage are very sore, the bike is damaged, and I want to collect for having gone 20 feet on the damned pavement. Her car insurer is state farm - what kind of settlements can i expect to find, do you suppose? Where do I look for min/max-allowances? Thanks for replying.

Rule of thumb is add up all damages and lost wages. Then add up all medical bills and multiply by three. Add the two figures together. This is a ball park figure that the case will settle for.  I have negotiated my own settlements in the past for simple cases.  If it gets complex, or the other party starts playing hardball, time to get the big guns involved.

D-Day

[raylarrabee]

as a lawyer, you should be ashamed of yourself for asking the great unwashed (non-lawyers) what damages you can collect   ... (sorry, I'm studying for the bar and am currently feeling hatefull towards those who are actually enjoying their summer.

Just to stick with the theme, you likely have a cause of action against the other driver for neglegence.  The elements of neglegence are duty, breach, causation and harm.  

A driver owes a general duty of reasonable care to other motorists on public roads.  The driver breached her duty to you by crossing into your lane w/o right of way and in your immediate path (and by striking you with her car).  Her breach was clearly the proximate cause of your injuries and the damage to your bike/gear.  You suffered actual harm (broken thumb, scrapes, bruises, busted up bike, ruined helmet, etc.).  Since she was cited as being at fault, your burden should be easily met.

In a suit for negligence, you may recover actual and incidental damages.  The actual damages would include all the above items.  Incidental damages would cover lost wages (if any), pain and suffering, and any other losses proximately caused by the accident.

At common law, the defense of contributory neglegence, if proved by the defendant, acted as a complete bar to recovery by the plaintiff.  Today, most jurisdictions have eliminated this defense (not Maryland, however), choosing to replace it with either a pure comparative fault standard or a modified comparative fault.  I'm not sure what DC has (although I know it is not pure contributory neglegence).

You can seek money damages for all injuries proximately caused by the crash.  

If you are insured for collission or personal injury via your moto insurance, they will pay you (not for pain/suffering, though, and likely not for your gear) and then subrogate to your claim and sue the other driver's insurance company.  You can also file a claim directly with the other driver's insurance company--they will make you visit their adjuster for claim on your bike.

The last option is a private lawsuit based on the above tort theory.  

Ugh, I cannot believe that I have chosen a life where I have to think like this...ok, back to studying for the bar exam.    :x

[esqdc]

Ha, that was a classic "I'm studying for the bar" response. As a lawyer (and litigator nonetheless), let me assure you that the very last time in your life you'll be required to think like that is the end of July, when you presumably sit for the bar. And then never again. No, it's much more about whether the claims adjuster's wife is boning someone else and he's in a pissy mood.

That said, good luck on the exam. It freaking sucks.

PS - who said I'm enjoying my summer? I'm a lawyer! Enjoyment? Excitement? A lawyer craves not these things.