by byronw » Mon Apr 16, 2012 01:30 pm
In September 2011, during a work day riding my motorcycle south on a 45 mph in town hwy,southbound, a pickup truck, on my right wanting to go north, pulled out in front of me, knocked me off the bike, threw me into the oncoming lane of traffic, totaled my bike, I was knocked out, woke in the ambulance. Headed for ER, had a broken fibula on right leg, banged up ribs, rashed knees, sore, stiff, released from the hospital that evening in a cast. Wore cast and out of work for 2 weeks, 2 days. Wore boot on foot for several months. 6 months later, still have numb and tingling left thigh, sore achey right foot, treatment complete, released by workmans comp and doctors. Wife had to drive me to work while in the boot, very painful and unhandy several months. I heard from the employers workmans comp adjuster last week, my total lost wages and medical is about $15,000, that will go to the other drivers insurance. I heard from the other drivers insurance that when they get the total from workmans comp, and pay that off they will contact me to resolve the claim, and compensate me for my injury. IF the other driver has the Oregon minimum of $25,000, should I just expect the adjuster to offer me the policy limit ? About $10,000 for pain and suffering ? I have UIM, but only $25K, and I don't think I can stack them here. Any idea what would be 'fair' ? What if they offer me a few hundred dollars ? Thanks for any input, or opinions.
Posted: Mon Apr 16, 2012 01:40 pm Post Subject: also
also, the police report is very much in my favor, 5 witnesses, two of them were in a vehicle right behind the other driver, say they heard her truck rev up like she was trying to beat me across the street, she was cited for fail to yield. She was coming out of a trailer park, in her boyfriends truck, has no assets or is not worth suing, if it ever came to that, her boyfriends insurance is about all I can go against. I do not know the policy limits on the other drivers insurance, but plan to ask for that to be included, in writing if I get an offer from them, ??
Posted: Tue Apr 17, 2012 06:31 am Post Subject: Accident coverage
So, you don’t want to use up your UIM coverage? Rational, I say.
What you can do is that, you can file a claim with the other driver’s insurance for the worker’s compensation. Though you’re entitled to the $15,000, you probably won’t be compensated for the pain and suffering, unless you sue the other driver.
Again, if the one who hit you is not included as a registered driver, in her boyfriend’s policy, you stand a minimal chance of getting paid by his insurance company. In this case, the only way out for you is to file a lawsuit against them. :!:
Posted: Wed Apr 18, 2012 04:20 pm Post Subject:
I ride bikes and feel your pain. Glad you recovered as it could have been much worse which is why you should go see a lawyer. You don't have to sue but discuss your options.
In so far as the vehicle owner's insurance is concerned:
1) I am surprised the insurance company has not provided you with the limits of insurance since the incident occurred over 6 months ago.
2) You should be able to collect the full amount of the Bodily Injury limit of insurance.
3) The workers' compensation carrier would be reimbursed from the limit of insurance for Personal Injury Protection (PIP). If the policy does not have a separate limit of insurance for PIP the workers' compensation carrier would seek reimbursement from the Bodily Injury limit of insurance.
In so far as your insurance is concerned:
1) If you did not have collsion coverage the vehicle owner's insurance policy will reimburse you, for the motorcyle total loss, from the Property Damage limit of insurance.
2) You may want to reconsider not making a claim for UIM, if there is no PIP coverage, and the amount you are paid from the Bodily Injury limit of insurance is reduced by the amount paid to the workers' compensation carrier. :D
Posted: Wed Apr 18, 2012 04:30 pm Post Subject:
Thank you, it could have been much worse. My understanding is my 25k uim cannot stack or add to her 25 k coverage, so 25 k is the max payout on this. My employers work comp carrier has paid about 15k on lost wages, ambulance, medical and all, so I figure the other ins has about 10 k to pay out for pain and suffering. I still have pain and numbness after these months.
Posted: Wed Apr 18, 2012 04:58 pm Post Subject:
The stacking limits of insurance has more to do with someone purchasing multiple insurance policies thinking they can collect under each policy for the same claim.
The UIM coverage applies in the event the at fault party's insurance is not sufficient to reimburse you for your damages. Therefore, the UIM can step in if the amount you are paid, from the vehicle owner's insurance, is reduced by the amount paid to the workers' compensation carrier. :D
Posted: Wed Apr 18, 2012 06:09 pm Post Subject:
I also dont know for sure what the policy limit is, or if the limit is over 25 if my case is worth more than 25.
Posted: Wed Apr 18, 2012 06:09 pm Post Subject:
I also dont know for sure what the policy limit is, or if the limit is over 25 if my case is worth more than 25.
Posted: Wed Apr 18, 2012 07:02 pm Post Subject:
There is nothing requiring the insurance company to offer the policy limit because the vehicle owner's limit of insurance is the minimum required by the state.
Generally, insurance companies will settle with the policy's limit of insurance if they think that is the least expensive way for them to settle the claim. Otherwise, you may have to prove your damages if the insurance company offers an amount that is than the policy limit. :D
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