I was stopped on my motorcycle at a red light and was rear ended by another vehicle. I was thrown from my bike, tore my rotator cuff, got whiplash and was knocked unconscious. My injuries require surgery but I opted not to have the surgery.
Am I entitled to the cost of the surgery from this accident even though I refused the surgery for the time being?
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ANSWER for "Motorcycle Rear End Accident...":
Regrettably, the answer is no. There is though a way to protect yourself. Although you have decided not to undergo surgery at this time there may come a time in the future when the injuries you sustained may begin to cause you serious discomfort or pain such that surgery will be required.
Under very limited and rare circumstance insurance companies may place a portion of settlement funds in a sort of “Escrow Account”. Your case would not fit into that category. Instead the best way to protect yourself is to negotiate a settlement which will include enough money to pay for surgery if it becomes necessary.
In any settlement you negotiate the insurance company will not say for instance that the settlement amount includes $xxx dollars for the surgery you may need. Instead a well-negotiated settlement will include a multiplication of the medical bills sustained so that there will be enough for you to have surgery if ever required.
Although there is no exact science to determine what an appropriate settlement amount should be, normally a multiplication of the medical bills by 3 should leave enough money available for any future surgery. In your case the multiplication might be 4 or 5 times. It really depends on your negotiating skills.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.