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

We can go over to her place, kidnap her kittens, skin them, then make wash mitts out of them. We can sell them in the VFRW store.

 

Yeah Randy you hit it on the head. I will be dealing with three adjusters on this claim. 1. Physical damage ( the one I met today.) Who will handle the Bike only. 2. Physical injury Her adjuster for her The at fault person. Who has already assurred me that she was insured for the minimum only and my stay in the hospital will blow through her coverage really quickly and ends his involvement in the claim. But he also complimented on my foresight to have a large underinsured rider on my policy. My Adjuster who will use my under-insured to compensate me for most of my pain and suffering and medical bills presumably. So I in effect will pay for my own recovery while the twit only has to carry on and destroy someone else's. There is also a chance that if I don't like the way the last guy treats me, I could also file under my automotive policy under-insurance and use them to go after my motorcycle under-insured. I do not plan on that at this time but like having alternatives to this crap. My head hurts. thanks everyone for the good advice. Night All.

 

Your insurance company will most likely go after her civilly for any loss they suffer due to her lack of fore site in getting proper coverage. Good luck.

 

Well I'm in favor for putting this "person" in a hurt locker, I don't think we should take it out on her pets. Her kittens probably go trough enough BS with having an idiot for owner.

 

At fault. In this I could not e happier with the way this was handled. The Officer who wrote the accident report issued her a citation for a wrongful turn or some such, but on the report he said she was at fault for failure to yield right of way and actually gave me a fault code of 0. Which is not often given. It s usually left blank. But in this case t results in a slam dunk of 100% her at fault and 0% me at fault. The complication comes from us having the same insurance company. (Progressive.) That leads to 3 adjusters could have been 4 involved. The progressive adjuster for her bodily injury contacted me with info. He Identified himself as the adjuster for the at-fault driver (her.) And seemed apologetic for his limited involvement as she had selected minimum coverage and in hs opinon due to the nature of my injures and length of hospital stay his part would soon be over because of her limited coverage available.

The adjuster handling the bike only again her adjuster felt my damages would fall within her limits of coverage and he would be handling all of the property damage under her claim.

Finally the adjuster for my policy (injury under-insured) has not contacted me. And I would not expect him to yet. His involvement with the claim starts when her Injury adjuster notifies him that she has reached the limits of her policy and will continue under my under-insured coverage.

If the property damage portion had exceeded the limits of coverage, then another adjuster representing my under-insured property damage would have been needed. Luckily that is not the case so far.

I am now waiting for hospital bills and follow up visits with my trauma surgeon and orthopedic doctors. It bothers me that 1. she tried to place blame on me at the accidents by telling the investigating officer "That she never saw me, but she didn't think I saw her either so should be at least half at fault also." And that witnesses at the accident scene said I indeed did see her turn directly into my lane and that I tried to avoid her. This was obvious to the officer also. To me she has seen a pattern of lack of concern. Never tried to contact me to see if I was ok, low liabilty coverage and she had to be distracted to never have seen me until after I hit her. I think my little chica was on the cell phone/texting when the accident occurred.

Ok sorry for the long post narcotics seems to be fairly distracting in and of themselves. And sleep limited to about 2 hours at a time seem conducive to this. Thanks for everyone's concern and prayers they are greatly appreciated. I have an extremely active mind and am bored to tears. I am not alvailable at work to help others which is my job. ANd this little twit has me aggrevated by her lack of concern blame shifting. Leave the cats alone. Make her available to wipe my big fat ass that she has incapacitated. I would truely try to crap on her hand as she wiped. This is very humilitating to a man.

 

Jugor - First off, if I wasn't clear, understand that I wasn't attacking you in my previous post. I was only trying to provide a little insight. Any time there are unfortunate circumstances, its easy for people to bitch - myself included. But if we can all learn just a little, then we've put a positive spin on those unfortunate circumstances.

As far as you and her having the same insurance - that should be completely irrelevant. Progressive is duty bound to honor the terms of the policy, plain and simple. With the seriousness of your injuries and your potential medical bills, I would be surprised to see Progressive try any shenanigans.

But I'll tell you this: If the time comes where they start acting in a way that is not in your best interest, I would immediately tell them you feel they are acting in bad faith (buzz words that NO insurance company ever wants to hear), and you're seeking legal counsel.

As Randy mentioned, don't go signing anything until you've had that legally reviewed. I'm not suggesting you need an attorney at this point, but if you're asked to sign any sort of a release, I'd definitely reconsider.

Easier said then done, but don't take it personal that she hasn't called up to apologize or anything like that. Even though you are with the same insurance company, sometimes a person can be "instructed" not to contact the other person involved in the claim. (She doesn't sound like the type of person that was going to call anyway, but I'm just saying).

 

Being the father of a child that showed the same lack of concern and care behind the wheel (And she's 18 and off my policeys now) I am gonna make a suggestion...


Have your lawyer send an exploratory letter to her in anticipation of a civil suite.


You and the lawyer will have to judge for yourselfs if theres any assets to be gained by actually filing the suite, but the letter will scare the SCHITT out of her.


It did WONDERS to my daughters driving attitude.....I am no longer scared to share the roads with her.

 

Lots of good advice here. I really don't have anything to add, it's all been covered really well. Couple of points to repeat for those reading:
Using an insurance agent is GREAT advice. I compare coverages to what my guy provides and he's always lower. His 'fix-it' abilities have proven invaluble-I can't recall any problem that took more than one phone call to have resolved. And if you don't have/know a lawyer-start looking. They are like fire trucks, you hope you never need one-but when you do you want it to good and fast. The aggravation saved from just a letter from one is well worth their hourly rate. I've paid my guy to come to a 'meeting' with me a few times and it's simply AMAZING the change in attitude when I introduce "My attorney".
Good luck and I hope you heal quickly.

 

Heard back from the bike adjuster yesterday. I accepted his offer for settlement on the bike only. He came with an offer I consider very fair. But now I have a delimma. My seat had split on the front corner. I was bought a used seat from the classifieds here for Christmas by my son. I thought I would send one off to sargent for a new rebuild while the other stayed on the bike. DO I try and re-sale the seat or ask for payment in the settlement? Maye just offer it for resale here? Also my bike had a 4 year extended warrantee. I wish I could transfer that to someone somehow. Anyway, there it is. Now we move on to physical injury part of the settlement. Thanks for all advice.

Bill

 

Consider holding onto the seat and go through with your original plan IF your going to purchase another VFR12000. Otherwise get what you can for it reselling it here. I don't think the insurance co would compensate you for any accessory that isn't attached to the bike at the time of the accident.

 

Any good deals on 2012-2013 vfr1200's? Wife is agreeable, just need some more healing.

Bill

 

You must definitely be on the mend if you're already thinking about another bike. That is GREAT progress! Honda's site isn't showing much right now. Just a $250 incentive or 2.99% financing. It would be nice if you could find those fantastic deals that they had last year on the 2010. I think the blue color scheme of the 2012 is fantastic.

 

Saw a new 2010 dct for 12995 somewhere. But if I'm going to upgrade might as well upgrade. I really don't expect to buy one for 2 or 3 months. The more I think about how much I loved the dct the more I'm convinced that I'll stay with it. Had a little over 12000 miles on the old one. I finally got about 3 hours sleep this morning. I am so ready for this to be in the past.

 

I agree. From what I've seen posted from other members, the 1st & 2nd gear issue is fixed with the 2012. If that is true, then that alone would warrant going newer.

Just say positive and it will be behind you before you know it. I am speaking from experience, so hang in there.

 

Update and bump. I went to the doc on tuesday 12-18-12. Read the xray from Monday. My ribs are still what he called displaced (not joined together.) The Pneumothorax is greatly reduced but not completely gone. Asked to be taken off the real good drugs as I can not stand being so out of touch with the world. He reduced the meds and I have more pain. But my mind is my own again. Nights and days stilled screwed. Happened both times I was in the hospital. The first of the big bills hit my insurance. 37,000 for the trauma doc alone. Her Bodily injury coverage was 30,000. Guys if you ride go get the under/un-insured motorist stuff quick. And make sure your policy has real good coverage. And you're still screwed if they determine you have ANY fault at all, because then the under/un-insured stuff doesn't work. Enough about that crap. I am waffling on getting another bike again. I think I came pretty close to biting the big one. Although my boys are grown, I don't think the wife could take it. Found out after I got out of hospital one night wife drank a little wine to comfort herself. If it was much worse I don't know what she would do.

Officially called off Christmas for the whole family. It was supposed to be our turn to host the celebration at our house, but I told the wife to cancel two weeks ago while still in hospital. Now after slaving for me all this week she came home today and announced she was tired. I asked her to call off Christmas Eve party for my sake. She agreed and admitted she had bit off more than she could chew. She finally agreed and admitted I had been right. She's a damn fine woman. She saw the increase in pain and thought I would recover more quickly, like I did after the knee replacement.

So welcome one and all to my pity party. Glad you could come and hope you enjoy yourself. This is turning out to be one of those life changing events. Didn't ask for it; don't want it, but here it is. Thanks for any prayers. I will pray that I never have to return them for the same reason to you. Been doing lots of reading on the internet. Seems like there is a schism in the information. Some claim the single vehicle crash is the majority of motorcycle wrecks. Some say the left turn into the path is the majority. I think the single vehicle is right, but in my case the only one I have is the left turn into the path. The accident report is all in my favor, but I think the officer still may have over-estimated my speed by 5 to 10 mph. Any one know a good site for motorcycle accident reconstruction that is free? I would love to know how to do the calculations myself.

Once again thanks to all and see you later.

Bill

 

Arent Pity parties a drag. Nice read though, time will heal you. I have encountered people over my 46 years of life who have had single vehicle life changing episodes on two wheels as well as four. Addressing the two wheel ones, some have gone onto get other bikes, some havent. I think its too early in your recovery to decide if you want to get another scooter. This is me tawking though, my family and wife know that short of getting a toe-tag, I will be riding something. Mend fast and don’t thing too much about it right now.

Merry X-Mas and Happy & Healthy New Year :thumbsup:

 

Another update. Went to family doc for follow up, and orthopedic doc on Tuesday. Ortho put me out for 6 weeks for pt on shoulder. Finally after four weeks went to family doc for recommended follow up. Diagnosis: compression fracture left thumb, chip fracture of right hip, an open fracture L5 closed fracture S1. He saw these while looking at hip xray and took more of my spine. 10 broken bones and no splints casts or bandages. Doc saidmri of spine and said something will have to be done. ??? Finally got down to moms for Christmas tonight. She was bugging me, saying you can't get another bike. Wife steps in and says, it will be a while but I bet he gets another one. You just can't see how much he loves it. I can't take that away from him.

She is the greatest. I love her more and she knows it. Ruined her whole Christmas vacation. I'm a lucky man on many counts.

Bill

 

Those who really love you have to accept certain risks you choose to take involving your personal safety. So long as that risk is not over the top or directly involves the unwilling person. Your wife looks like she sees this and great for her. Your mom will have to accept eventually that she no longer controls the actions of her little boy. That will be the tough fight for you. I was 51 years old. Had gone through two marriages. Raised two great kids and spent 25 years as a cop, and mom wanted me to get rid of mine soon as I bought it.

Heal up then go get yourself another right away. I suspect you will eventually anyways.

 

My its been a long time since I updated this page. Its been over 6 months since the accident. Went to orthopedic surgeon on 6-6. He told me in February it would be to release me. Well shoulder replacement is scheduled on 7-11. Even with the replacement range of motion may be compromised by the rib injury. Sneezes are torture. Laughing painful and deep breathing impossible. I can only guess at the arthritis this will cause.

On the insurance front her agent wants me to accept full payout by her 30K, but I am hesitant to sign a release with Progressive in it when they are my UIM carrier. I know there won't be a settlement until my treatment ends, but I'm looking at another 2 to 3 months out of work.One good thing about the shoulder, it absolutely rules out ape hangers. Just can't get my arm up that high.

I have come to terms with the accident. In the months after the accident I wondered why she couldn't see me. But since then very similar accidents (left turn into oncoming traffic flow has included a school bus and a semi. In fact this week a lady on my road killed herself and possibly 2 kids ( 1 is dead the other in grave condition in the hospital) running a stop sign and getting hit by a dump trunk. Had a fool passing cars at over 100 on a cbr today. All in all OK just missing out on the summer riding season.

Bill