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

What a gut wrenching post Jugornot... I hope she gets whats coming to her....

I'm with Pliskin, I'm one that thinks that people over-sue in today's world, but man your case would not be unwarranted. She interrupted you and your wife's lives, caused you immense lasting damage and pain, and changed your career and future. Fuck the bitch, who cares if she has nothing to her name. At least if you can look her in the eye and she knows what serious damage she has caused by being inattentive, lazy, or reckless (texting), you could get some personal closure. If not a favorable settlement which could offset the large medical future you have ahead of you.

I'm very sorry for what happened to you Jug. No one should have to endure that, no one. Stay strong and wish for the best, it sounds like you have a long road ahead of you. To everyone else, keep your eyes wide open.....

 

I'm sorry but I have to disagree, I implied that you were old. I'm just turned 55, so I feel I've earned the right to ridicule err respect my elders in the appropriate manner.

Pliskin and porkchop I have no intention of suing the driver. I may have to sue my insurance. The adjuster explained this to me that I can have all her money now and still precede with collecting from my UIM. I personally have a problem signing a release to Progressive while still hving another claim on my accident. But thanks guys for the support. I just would rather settle everything at once. I reserve the right to be stupid. My health insurance has already sent me a letter of subrogation on my health insurance.

But to change the subject (with my compromised rib cage) I am looking for some kind of protect for them when I get another bike. They make a magnesium rib brace for equestrian riders. Size small and medium. It sounds like it has a magnesium rib protector. Something I would love to find in my size. A very svelte 54 in the chest. And yes that is inches.

Thanks guys you lift my spirit every I come here.

 

Jug - Again, I understand that you don't want to sue her. But I'm still failing to see what the issue is with your insurance company? You said above

I'm just trying to help, Jug. I do commercial insurance, so personal is a little different, but I'm not getting what your saying. Is Progressive saying they don't want to pay you via your UM coverage?

 

I will not collect from my UIM until my treatment is finished and I have reached max medical improvement. The adjuster representing her liability wants me to settle. In order to settle I have to sign a release that releases Progressive from further liability. I don't want to sign a release with Progressive on it until I'm ready to settle the uim claim also. They are giving a small amount of hassle because of the way I want to settle.

 

I'll start off by saying I'm only trying to give you some insight. If you don't want my opinions, I'm cool with that. Just say so, send me a PM, or whatever. No hard feelings at all.

I guess your post helps clear it up some, Jug, but you know how it goes. Sometimes answers lead to more questions!

Why won't you collect for you UIM until treatment is finished? Is that how your policy reads? Did Progressive spell it out to you in writing saying you have to pay all your bills and then they reimburse you?

Also not entirely sure what "max medical improvement" is.

By the way, did/do you have an Agent that made your placement through Progressive, or did you do it directly with Progressive? (If you have an Agent, this is a whole new ballgame).

First thing is that there is no way I'd be signing that release. Period. End of that conversation.

Do you have your own adjuster? You can consider getting one if not. (Either an adjuster from Progressive, or possibly a Public Adjuster that you would pick on your own. They typically work for roughly 10% of the settlement they get you). I'd almost find it a conflict of interest is she has an adjuster, and you don't, considering that her adjuster is ultimately representing the same company. Its completely within your legal right to pick your own adjuster.

There's a phrase within the insurance industry when claims don't go well. Referred to as settling a claim in "Bad Faith". If, indeed, there is only one adjuster representing the interest of her AND your policy, that's a no go.

These are 2 distinct insurance contracts. Yours and hers. That's it.

The fact that they are with the same company should have no bearing. Each policy presumably says something along the lines of "...in consideration of the premium paid..." that YOU are entitled to the benefits of your policy in the event of a covered loss. Its that simple. There is no "co-mingling" of funds or trying to make one settlement from HER adjuster simply because its the same company.

Consider how some other things would have played out. EXAMPLE., If this lady had no coverage, your policy would be responding from dollar one. Progressive would (presumably) be paying until you reached your max limit. Would they be trying to get you to settle? Would they actually come to you and say "Well Jug, you have a $350K UIM limit, but we want you to only take $100K". ?? I highly doubt it. They would be paying the bills because that's what they're obligated to do. In the meantime, they would be going after this lady for reimbursement of their loss. Doesn't matter if she is destitute or not; that's reality.

Another scenario: Say she had $30K of coverage with someone other than Progressive. I would bet heavily that if this was the case, Progressive would have assigned you your own adjuster, and you would work together with that person. Additionally, Progressive would make sure they squeezed every bit of that $30,000 out of the other company (based on the fact that your expenses have well exceeded that amount). It might mean they have to lay some money out first and then subrogate against the other company, but that's not your problem.

The bottom line is that you have a binding contract with Progressive. You complied with your duties by paying the premium. Now its time for Progressive to comply with their duties, and indemnify ("to make whole") you according to the terms of your policy.

Don't back down from these guys.

 

Her adjuster is offering the full 30k. He also said that technically my adjuster can't precede until I settle with him. I think they can't raise her rates until they pay out the claim (according to my d-i-l who used to work in insurance.) The Max medical improvement is pretty standard as far as I know in North Carolina. They are not going to pay out until I improve as much as possible and then damages are calculated. Even then they may opt to pay out in installments instead of just one payment. I am not in insurance so I appreciate all of your advice. I have health insurance and coverage for being out of work so I'm OK. I just want to get as good as possible, find something to protect my ribs and ride.

Thanks, and I hope I've cleared up some of my statements.

Bill

 

Now. That right there, Bill, is the goal to reach for. I don't know what equestrians wear, but Kevlar body armour does have a lot of support and some protection from blows. Worn properly they fit snug enough that your rib cage will be held from over exertion. But those are expensive. And they are incredibly warm. I never wore mine until it became policy, so I was ordered to wear it. Then I retired from the first career and never wore the damned stuff again even though my new employer still bought be a new vest every 5 years.

 

Bill, you've been through a lot and first off I'm glad you made it through. I just wanted to say that I hope things improve and that you are fairly compensated at the end of all this. I personally don't think that her policy limits and/or yours are enough to make up for what you have and will endure for the rest of your life.

I know you made yourself clear but personally I would sue the hell out of her. If not for money then just to let her know that she truly was at fault and perhaps keep it in her frame of thought for years to come. That may help her become a more attentive driver, and not maim or kill others in the future.

 

I've said in other threads, its an epidemic. In NC in the past month or so we've had a fatality when a driver turned left in front of a semi. And a person who turned left in front of a school bus. It has always burned me when someone claims they never saw what they hit. I assume a certain amount of risk, but I also expect a certain amount of diligence.

 

It's all that damn NASCAR people are watching! :tongue:

Glad to hear you are at least doing a bit better than before. Hopefully you will be back in the saddle again.

 

hey guys,

Quick update before tomorrow, I'm scheduled for shoulder replacement. I'm ready, they've had me off all my arthritis medicine for a week. Sleep has been elusive. Thanks for all the prayers and concern. see you in a couple of days.

Bill

 

that...does not sound like fun. Here's to a speedy recovery. Hope all goes well.

 

Bill


Hang in there. Best wishes the operation goes well and you make a full and speedy recovery.


SkiMad

 

Have the doc send me your old one. It is probably better than the one I am using now! Speedy recovery my friend.

 

home now. surgery went well. crashing ouut now. thanks for prayers. randy doc said he used a jumbo size. might be more than you need, but worn out anywaay. why rebuild with used parts.

thanks all
bill

 

Wishing you the very best & a speedy recovery Jug.

 

How's the shoulder coming along? You found a new bike yet? I have been keeping an eye out for a new bike for you and think I have found one that has your name written all over it.

 

Recovery Going OK Randy. Thanks for asking. Becoming more apparent all the time that I will never have full use of my arm. It is what it is.

Love the bike.

Right this moment I feel like a smoker that has had a lung removed. Do I start smoking again or not? I just can't see myself on a bike again knowing 1 good knock to the ribs will probably finish me off. Preacher had a good series on forgiveness and I have pretty much got over that but seems like every day I find new things that are a challenge. Luckily I'm on short term disability till Oct. 2nd. As you realize coming to terms with a disability requires some major self evaluation.

On better subject weren't you trying for a CDL or Canadian equivalent? Hows that coming? Enjoy your bike and whats left of summer. You are right retirement sucks (or short term disability.)

 

Glad to hear you are going alright. Your positive attitude through out this whole ordeal is admirable! Hang in there and keep us posted.

 

When I went out for my road test, I was so bad on the pretrip and road test, that if I was the examiner, and was paid off, I would not even give myslef a pass if no one was there to check on me. Another road test scheduled in a week or so.