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'08 Vulcan 900 Classic
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77 Posts
Discussion Starter #1
Today my number was up after twenty thousand miles of accident free riding. I got pinned and took a hit.

I was at a yield sign,(oddly enough I've always felt if it was going to happen it was going to be at yield sign.) and an F150 came up behind me. I watched it approaching in my mirrors come right up on me and stopped at first and then the guy flat out gunned it and when he realized what he had done he hit the brakes and smacked right into the rear of my Vulcan 900.

There was cross traffic in front of me so no escape route. I was pinned so all I could do was brace for impact. Remarkably I kept the rubber side down and thanks to his braking as soon as he gunned it, the impact didn't push the bike into the road and cross traffic.

I ran the bike straight down to the dealer and told them to keep it and walk the appraisers through the damage and not to give an inch.

As far as injury, other than my pride, there was no blood or broken bones, but both hands took impact between the thumbs, my left lower leg aches, my insteps are soar and my back muscles are bruised, my chest muscles are sore and my shoulders and arm muscles hurt. On the other hand I've had nerve and spinal injury in the past and I've had no spinal or nerve related pain so far.

I've been having muscle spasms since the accident and that’s to be expected, but I'm not ready for the hospital just yet, if things get worse I'll check myself in tomorrow.

The next big pain in all this is dealing with the driver’s insurance company. It was a company vehicle so the vehicle that hit me was covered.

The question I have is I'm not going to give an inch when it comes to the bike repairs, but I'm not really sure how to go about taking care of me. I don't want to have to go to through the whole MRI, x-ray and hospital routine unless I absolutely have to, on the other hand feel I should be compensated for the injuries and covered should there be any long term issues.

So has any one here been through a similar situation. Should I deal with the insurance company myself and offer to settle out of court for a set amount and what should I settle for (any ideas what’s reasonable for muscle trauma and a bruised ego?) or should I just go ahead and hire an injury attorney?

Quite frankly, I'm pretty ticked off about the whole thing, I've been doing everything right, riding defensively and being safe and all it took was some guy in a pickup truck being reckless to wipe out what has been an absolute joy for the last year and a half.

Any advice will be greatly appreciated and thank you to everyone who replies in advance, I’m not one for talking things up. I generally post my thoughts and/or questions and read the replies. And I’m feeling bad and embarrassed anyway, but I also know there are people in these forums who know how to things get done and I could really use the advise.
 

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07 Classic 1600
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81 Posts
There are attorneys who specialize in motorcycle accidents. Find one right away. Then follow his/her advise. Shouldn't cost you anything as the attorney takes a cut, usually 33%. But they will get you far more then you will attempting to settle it out of court yourself.
 

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sully1
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50 Posts
The best thing you can do is get an attorney on retainer and have him or her send a letter saying that as your legal counsel, they will be in contact with regards to this situation caused by the negligence of the driver. Then follow through and litigate the hell out of the *******s. That is how to get justice in America.
 

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'08 Vulcan 900 Classic
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77 Posts
Discussion Starter #4
Thank you. I might have made the mistake of contacting them myself. Any recommendations for a good attorney in the Dallas area?
 

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Fat Bottomed Girl
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15,029 Posts
Well, I'd first speak with the insurance company covering it and see how cooperative they're going to be. No sense in going double barreled at a company that may be helpful without a problem as that may turn them the other way. There are plenty of horror stories for sure, but there are FAR more that have been taken care of without the slightest of problems.

Be cordial and likely they'll return it in kind and take care of everything that needs to be (bike AND you). If they fight it, simply say you'd like to make sure everything you are legally entitled to is taken care of without involving laywers. However, note that you should not take any "closed" settlement without legal representation to be on the safe side. There is the possibility of long term issues.
 

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Forgot to grow up
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1,118 Posts
Always call a lawyer. No matter how nice the people at the ins. co are, thier job is to save thier company cash.
 

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Elmer
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281 Posts
You have had some pain and suffering but no medical expenses so far? I would think at at the very least, given the symptoms and history you mentioned, that you would get yourself checked out. We always like to think things will soon get better but the danger is in the possibility of problems showing up years later when we have put an incident long behind us. Signing off a claim too early could be a big mistake. A medical opinion at this time would seem to be more valuable than the immediate services of a lawyer.
 

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Novice Tank Roller
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15,810 Posts
+1. I doubt the insurance company will pay anything for "pain and suffering" unless you have information from a doctor substantiating some long-term possible issue. If you had to miss work, or other expense/loss related the the accident occuring, they'd probably pay that, but without a doctor's opinion, they won't just hand over cash because you want some. Maybe a lawyer can make that happen, not sure.

Just some random thoughts. Hope it works for you. Glad it wasn't worse!
 

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Crazy Old Guy
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1,189 Posts
In my experience, a lawsuit will take about a year to settle. This is due to the lawyer wanting to make sure there are not long term effects that show up, and if there are they can be taken care of in the law suit. If you haven't gone and been checked out, that would be your first step.

BTW-if you didn't immediately go to the hospital, you may not have significant enough injuries to warrant a lawyer.
 

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Premium Member
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4,749 Posts
No mention of the police responding and citing the truck driver. I wouldn't take any chances about injury - get yourself to an emergency room, tell them you had a motorcycle accident, even with nothing bleeding they'll give you priority. Let it go too long and you'll have nothing to back up any future claims. You should have your insurance company deal directly with their insurance company and save the hiring an attorney part until you're unhappy with the results.

btw - when I'm sitting un-covered at a light or yield, I flash the brake light.
 

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Registered
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230 Posts
Get yourself checked out. The last thing you want to find out 5 years down the road is that you have a chronic injury related to the accident.

The check up should be a medical expense that you can collect as part of any insurance settlement. If I were in your shoes, I would get checked out at the hospital. If they find nothing, present a bill for the check up and bike repairs. I would only contact an attorney if the insurance company plays hardball. Contrary to what you hear in the media, there are many reputable insurance companies out there not looking to screw you at every turn.

I've been rear ended in my cage a few times, and in each case the insurance company took care of everything, no fuss, no muss.
 

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Registered
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230 Posts
" some guy in a pickup truck being reckless to wipe out what has been an absolute joy for the last year and a half"

He can't take away these memories now can he ?
 

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Registered
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211 Posts
Get a lawyer TODAY!!!!!!!!!!!!!!!!!!!!!!!!!!!! Won`t cost you a dime And will save you a lot of grief
 

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Registered
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113 Posts
There was cross traffic in front of me so no escape route. I was pinned so all I could do was brace for impact.
This is my nightmare scenario: I'm first at a stoplight with traffic crossing in front and a big Hummer/tractor trailer rushing behind me with no signs of stopping...

This is why, if I'm first at a light, I always like to leave about a car's length from the crosswalk. Also, I always flash my brake light a couple of times to the car approaching from behind so that if they're spacing out, hopefully that will get their attention.

Sorry to hear about the scoot. Like others have said, contact a lawyer and get yourself checked out for any injuries.
 

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Enjoy the journey!
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1,306 Posts
Get checked out physically, its his fault,, so there should be no consern about spending his money, he hit you, and could have run over you or pushed you into oncoming traffic. With the pain you described, I would have made my next stop the hospital ER. that is unless you have xray vision and the knowledge to see that your just fine..... thats why his company has insurance!
 

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Registered
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230 Posts
Also, the more you delay in getting yourself checked out, the more you will open yourself to the argument that your injuries may have occurred after the accident, or were a result of your delay in seeking medical attention.
 

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Registered
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62 Posts
Sorry to hear about your injury and the bike. I hope everything works out OK. While it might not help at the moment, be thankful, because it could have been a lot worse. I'm like you; I would probably prefer not to get a lawyer involved. If you got a police report, that often makes insurance companies face the music.

My BIGGEST fear on a motorcyle is getting rear-ended. I have seriously thought about switching to a flourescent yellow jacket or vest full-time for that reason, but my bike has a trunk that blocks a lot of a driver's view of me while I am in the saddle, so I'm not sure it would make much of a difference. Some guys will run you over no matter how much yellow/orange/lights you have.

If your bike is totaled, maybe think about getting a bigger bike. Seriously, I used to have cars ignore me all the time on my first bike (Suzuki S40), but after I moved up to larger bikes that was not so much of a problem. My present bike (Vulcan Voyager) is about half the size of some cars and usually gets noticed in traffic.
 

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Registered
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44 Posts
Well, I'd first speak with the insurance company covering it and see how cooperative they're going to be. No sense in going double barreled at a company that may be helpful without a problem as that may turn them the other way. There are plenty of horror stories for sure, but there are FAR more that have been taken care of without the slightest of problems.

Be cordial and likely they'll return it in kind and take care of everything that needs to be (bike AND you). If they fight it, simply say you'd like to make sure everything you are legally entitled to is taken care of without involving laywers. However, note that you should not take any "closed" settlement without legal representation to be on the safe side. There is the possibility of long term issues.
+1

I was rear ended by a lady talking on her cell phone. Her insurance company agreed to pay the damages to my bike, but they flat out refused to pay any of my medical bills whatsoever. I hired an attornety and it took us 3 years to even get scheduled for a court date. The accident occurred in June 1994 and we were schduled for court in Nov 1997. I paid all the medical bills outta my pocket and just two weeks before we were to see the inside of the courtroom, her insurance company called and offered to settle "out of court" for the amount of the lady's insurance coverage. I was so sick of the whole ordeal that I agreed to settle for her coverage amount. My attoney took 33% right off of the top before I saw a dime of the money. After I paid all the medical bills there was nothing leftover but a few pennies. Honestly, it wasn't worth the stress and all trouble for 3 years. I would never do that again.
 

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Rebel Rider
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3,646 Posts
Glad you are basically ok. First get the accident report, then report it to your agent and let him/her handle it through the at fault party. Go to the hospital and get checked out, tell them it's injury due to a vehicle wreck and be sure to get all your invoices to your agent. That's what I did when I got rear-ended and all went good.
 
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