11/27/12 taken out by dingbat on four wheels

It's good to hear from you Jug. Even better that you're in good spirits.

 

Bill - I have wondered where you've been as I haven't seen much activity on this site from you lately. Sorry to hear that your injuries aren't healing up as expected, but it sounds like you're staying positive - you will get there. When you say 30K, you're not saying that that is what they want the settlement to be - because it sounds like it should be way more than that. With your range of motion, it makes sense that a sport type style bike would be out, but I am impressed that you're still considering another bike.

 

Wife and I both agree, I will have another bike if physically possible. The 30K is all I will ever get from her insurance. That is her max coverage. The rest is up to my UIM. The waiting sucks though.

 

Glad your recovering....30K??? AYFKM...It sucks that both hers and your ins. co. is the same. I really think what your going through you deserve more. All this is going on while the idiot that hit you lives her normal life. Mend well and get back on a horse.

 

Sounds like you may have to sue her personally after the insurance co. screws you.

 

She's got nothing. Driving a 12 year old vw with minimum coverage. at least 3 addresses in 5 years. All I'd end up with is an unenforceable judgement. And I'm not screwed yet. Just because she's out of insurance just means my 350k of UIM kicks in. It really wouldn't matter who my UIM is with except that I don't want to sign a release with progressive being released. Yeah the 30k could be helpful now but I'll wait for whole settlement. But it sucks. Why can't they pay as we go just as I have to.

 

I know just a very little about civil law here in Canada and absolutely nothing about civil law in the USA. But I suspect many things are similar.

Don't let her personal financial situation presently deter you from taking action against her. What you need to understand is that it is probably more important to get the judgement against her. Just because you have the judgement now, does not mean you need to collect now. Her financial situation could change in the future, and if you don't have a judgement, then you are likely going to realize that you are out of luck. I also believe there is a limitation of action to file and action in civil courts. But once a judgement is granted by a judge, then that order follows the defendant to death at which time it goes against their estate. Does she have well to do parents that may end up leaving her lots? Who knows. She could end up winning millions in a lotto.

Of course, your attorney is better educated in these matters.

 

In no way am i trying to defend this driver but was it an honest accident or was she negligent? If she has remorse and claims she actually didnt see you then i would take the 30k but if she just didnt care then yeah i would sue her and all her future worth. But i have to say as a long time rider there have been a few times while driving i didnt see a motorcycle. I didnt pull out in front of them but i could have. Like i said im not defending this person but we all make mistakes sometimes. Glad to hear you are doing better.

 

I don't totally disagree with what you are getting at here but our member has already sustained medical cost well in excess of her coverage due to her negligence/error or what ever you want to label her actions as. She should be the one who is responsible for those costs. And while I think is must be severe injuries with long lasting set backs to get copious quantities of money, we in the west have accepted the fact that we should be compensated for our pain and suffering. She pays and we avoid our rider becoming re-victimized in this matter

 

Completely agree. He did not put himself in this situation...she did. Sure let the medical bills add up but she should have to foot the bill. Honest mistake or not hitting anyone and causing some sort of medical treatment, especially a motorcyclist, should be dealt with harshly. I believe people depend on their insurance to get them out of trouble.

Side note to my little rant. My wifes old room mate hit a guy on a motorcycle. Caused him to go to the hospital. That was over 10 + years ago. He was a lawyer. As of two years ago she finished paying off the medical expenses for him. Needless to say she is a way more safer driver and has been since the accident.

 

At this point I have no intention of going after her personally. It is not out of the question if required. I have been able to return to work with help from my co-workers. My injuries are severe and lifelong. My shoulder is actually the lesser of the major injuries. The trauma Doc who saw me is head of the trauma in rhis hospital. He was head of trauma at Walter Reed. I suppose he has seen some terrible trauma injuries. His words to me were, "You have ruined your ribs on the right side. You will never be the same man you were. You are starting a new baseline now." The Xrays I have seen show a mess. My ribs are permanently displaced. When I sneeze I brace my ribs with my arm and endure the pain. I cannot breathe deeply because my ribs don't expand. Coughing is painful. I suffer from arthritis in most of my body, but I had hoped it wouldn't hurt to breathe.

My shoulde lacks range of motion because of the injury. The orthopedic doc thinks I will regain rom with a shoulder replacement. The trauma doc rhinks I will never lift my arm above shoulder height. I trust the orthopedic doc he replaced my knee in 2010. He naturally hedges on guarantees on my shoulder with words like should and maybe.

My problem is that her liability and my under-insured motorist policy are with the same company. Progressive. My UIM has already agreed to pay the medical. Her insurance is only for $30k. I'm at 53k now with another 30 to 50k for a shoulder replacement. 2.5 months out of work looking at another 3 months for shoulder recovery. I have averaged 85k for my job for the past 5 years. And I'm looking at nearly 6 months out of work. I work for a large company who upon my return can require a physical abilities test which I could fail. If I fail I'm out of a job I've been at for 35 years and unable to perform the labor part of it anymore. So I could end up medically retired at age 55. That would suck for my type personality. I will be getting some of the $350k UIM I paid for in my policies. I won't sign a release for Progressive with her offer of 30k. I will release her and Progressive all at the same time when I am satisfied with the settlement or when a lawyer says this is your best shot. I don't think $380k is enough to compensate me for what I have or will be going through. But I am not stupid enough to think they will just hand over that amount.

As far as the driver she has not only shown no remorse, she tried to blame the accident on me. The only thing I wished on her that she would have to wipe my tail while I was unable. Maybe then she would realize the affect she had on my life. I don't know about how you all feel, but it was emotional painful to have to have someone wipe your tail. I wish that on no one who is not responsible for the situation. Everyone who witnessed the accident and there were possibly 4 or 5 all think she was texting.

Damn this is to long, but why do I feel I have to defend myself. I will get her minimum coverage and some of the UIM I paid for just for people like her. Yes I paid for it it is my insurance I will collect the majority of money from. Her premiums will go up or she will get moved to the re-insurance facility. She will be free to give excuses for everything she does. I personally think the I didn't see him excuse is a cop out. While you are behind the wheel it is your job to see. To pay attention. And not kill other people. After a 5 hour wait in the hall of the emergency room, a tension pneumothorax is what got me immediate treatment. And if you care to do any research that is a life threatening condition. I pray that you never are in the same situation, but if you ever are I hope you can find as much sympathy for the person who put you in the hospital. This sounds harsh but I have really put this behind me until somebody starts feeling for her and her distress. Personally I would find it hard to live with myself if I did this to anyone else.


"Glad to hear you are doing better." Thank you for that.

 

Keep your head up. I wish your experience on no one ever again but it will happen for sure. You lawyer is there not to tell you what you should do. He is there to give you advice and it is up to you to decide which advice to to take. You need to think long and hard at what he and your doctors have to say though. Discuss these pieces of information from them with people close to you that you trust when you make any final decisions. At 55, you still have many many years ahead of you. You deserve to enjoy life as best you can after the hand you have been dealt.

 

Yeah with her showing no remorse and actually trying to blame you then i agree she should have to pay. Then with the possibility of texting while driving, i feel texting while driving shouldbe dealt with like a dui. But at the same time at some point you will have to let it go so you can get on with your life. Which it sounds as though you are very eager to do so. Thanks for sharing your story it helps me to be more alert while riding. Good luck

 

sad to say, but over the weekend there was a father/son fatality with a blue-hair. Father was 39, son 10, and blue-hair was 81, pulled out in front of him. Intersection is a bad one.

Father, son killed in motorcycle crash

 

A very sad crash. Many times while I was posted with our Freeway Patrol Section of my former employer, I would respond to what we called a "wrong Way Charlie" To be precise, that is a car driving down the freeway on the wrong side of the road. In 100% of these cases, it was a senior driving. And not just someone like 66 years old. It was someone in their 80's +

In every case, these people were stopped, and I personally sent a letter to the Superintendent of Motor Vehicles requesting that these people be called in and re-examined. My requests had always been honoured.

Families of these people were outraged that I was picking on the elderly. I am just so fucking over that.

 

I would really like to believe that the father was doing everything right since he had his son on the back. Very sad indeed.

 

I pray he was. I was traveling less than 50 mph. I cleared the car.

Randy I didn't want to bring up the age thing, seeing how you are on the other side of retirement.
Just saying ...

 

I was 47 when I retired the first time and 57 the second time well over a year ago. And, BTW, I have told my wife and family, in the presence of many others, that if it gets to the point my driving starts to scare them, well more than it does now, they should instigate re-examination of my privileges. This way, I have made my wishes known well before I have gotten too old to realize the potential consequences of my driving when very old, and or to stubborn to give it up voluntarily.

My neighbour was unable to get his driver's licence renewed mostly because of his age. He challenged this and went through all the testing and hoops and passed with the same requirements expected of everyone else, then got his licence reinstated. Fair enough. He went through the process which I can attest to from writing the tests recently for my class 1, is not anywhere near the walk in the park it used to be.

But Jugornot, you did just call me old. I'm so hurt........

 

Jug - I'm not understanding the "problem" with you and her having the same insurance company. I've been in this industry for over 20 years, and the fact that you both have the same insurance should mean nothing. Are they trying to plant some sort of seed in your head that you somehow "can't" file or collect the full amount under both policies?

I'm normally not about suing. I think people sue over stupid shit. But hearing your story, meaning age, severity of injuries, etc. you need to plan for long term. I hate to say it, but I think you need to find a reputable personal injury attorney.

Some other items to consider:

You've been at you job for 35 years - do you have medical coverage? This would kick in after you've exhausted your automobile limits.
Did your job provide long (or even short) term disability? If so, file a claim.
Have you looked into Medicare? If you're not going to be working, I think you should.

Sorry bro. Not trying to be all doom and gloom. But you need to look out for yourself. You got way too many years ahead of you.

 

I'm surprised nobody has said this yet, but WOMEN cannot maintain control of a motor vehicle in a manner that is suitable by societies standards.

:crazy: :boobies5::boobies5: :crazy: