Question
burns
Hi, First thanks for taking the time to give me your advice. My name is Jessica and I was just in an accident one week ago. My boyfriend and I were in a turning lane when about 6 cars ahead of us a car turned and hit a jeep in results to that the jeep spun out of control striking my boyfriend and I on his motorcycle at 32MPH. We were then drug about 20 feet. I was wearing a full face helmet thank god or my head would have smeared. As I was being drug under the jeep I was watching the rim and tire on my helmet spin. I could feel my body being skinned and was preparing to get ran over but didn't. After we came to a stop I ended up under the back right part of the jeep, My boyfriend came over trying to help me up but I couldn't move. I was laying there trying to see if I was okay and when I looked down at my left calf and ankle I started having convolutions due to the shock. I had 3rd degree burns from the exhaust pipes on my entire left calf, the front part of my left shin and the left side of my foot. I have road rash on my ENTIRE right butt cheek, right elbow, right knee and bruises all over my body and a strained neck. I have never experienced anything so traumatizing. It has only been a week and I already feel I am having post traumatic stress disorder. I am watching television and jumping due to the car crash scenes. I got into a car first time yesterday and just hearing a horn made my heart drop and my body tense. I am having to change my bandages on my burns nightly and every time I change them I cry. It's like my leg has liquid skin and puss runs everywhere. I am going to have to have a skin graph done and have a huge scar on my leg. I am in emends amount of pain as the nerves are growing back. I have completely lost my mobility for the time being due to the fact that if I put pressure on my leg I scream. I am having trouble sitting, laying, maneuvering at all in that matter due to the road rash on my buttock and elbow. Every little move it cracks open the wound. Sitting is out of the question for the time being. I am sore all over and I had to wear a neck brace for a couple days due to the neck pain. My boyfriend has a burn from the tire spinning on his arm and has bruises on the insides of both of his legs. My boyfriend in a salesmen for Harley Davidson and upon returning to work has still yet to sell a bike. He feels guilty now and feels he is selling a death trap. This situation has completely affected his future as he was accepted into MMI( Motorcycle Mechanic Institute) and planned on going to school there in the fall. Now he is reconsidering. He feels like his passion has been stripped from him due to this traumatic experience. I don't think I will ever get on a bike again. I don't think I could ever be relaxed while being on the back of a bike again. Being hit by a jeep while having no protection surrounding you at all is something you don't just forget. Why I am writing you is I would like your advice as what I should do to follow up with doctors. I know I should be getting compensated for my pain and suffering how much should I be asking for? My boyfriend had liability coverage, The jeep that hit us has full coverage and the lady that hit the jeep had no insurance. Thank you for your time and going over my situation!
AnswerHI Jessica,
I am sorry to hear of your terrible experience. And one can surely understand that there would be psychological injuries as well.
I am going to start first with the insurance, since motorcycle injuries are going to be EXCLUDED from your own auto insurance policy. And I have no idea why the jeep driver should be negligent, so her insurance is irrelevant. Unless, of course, she somehow was negligent in how she reacted to being hit. For example, instead of stopping her vehicle, maybe she hit the gas.
So unless there is some way that she was at fault, then how do you propose to tag her insurance? They will deny liability unless you can point to some way she failed to react properly to being hit. That does not mean you just forget about her. But be prepared to identify ways in which she could have done a better job of controlling her vehicle.
The first issue is to open a first party claim with your boyfriend's insurance. He cannot be tagged with a chargeable accident since it is not at all his fault. That is why he purchased insurance on the motorcycle. You will be making both a first party claim for medical payments and lost wages AND a claim for general damages under his Uninsured Motorist Coverage (UIM). His motorcycle insurance will stand in the shoes of the tortfeasor.
You cannot open a claim with your own auto insurance company because your company will exclude any first party coverage if you are injured while on a motorcycle. Of course you need to check this out first with your agent, but most auto insurance policies do have the exclusion for motorcycle accidents. But just check to make sure.
Once you do have that first party claim opened with his motorcycle insurer, then you can find a way to get yourself to a psychologist. Same for your boyfriend.
Now for the information on bringing your own insurance claim for your damages. You probably know that Doctor Settlement is an expert on self-help insurance injury claims. BUT for this kind of case, I am NOT going to recommend you try this on your own. We do have hundreds of pages with hundreds of legal insurance tips at www.SettlementCentral.Com But in this case, the kind of injuries DO require an attorney.
You BOTH have pretty BIG personal injury claims, especially if we are talking emotional distress AND loss of income on top of that. Hence, you may find that your boyfriend's motorcycle insurance policy limits may not be sufficient to cover your damages. You need to claim versus the jeep driver's insurance. On top of that, you need an attorney to explore other tortfeasors or other ways of collecting from the first tortfeasor.
DO NOT GIVE ANY RECORDED STATEMENTS TO ANY ADJUSTERS UNTIL YOU HAVE YOUR ATTORNEY. You could screw up the coverage versus the jeep if that adjuster gets to you quickly. Just tell them that you do not do well on recorded phone calls, so you will get back to them later.
Use the search function at our insurance settlement website WWW.SETTLEMENTCENTRAL.COM to get some ideas of how to find and contract with an attorney.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
