Street Bike Accident at a Stop Light...
(Albuquerque, NM US)
I was in a car/street bike accident on July 28th. I was on the street bike when I was rear ended while waiting at a stoplight. The car went under the left side of the bike and I fell off the bike with enough force to break the foot peg off as I came off.
I have been to the doctor twice and I am now to undergo physical therapy for 4-6 weeks. I'm just unsure what to ask for settlement from the insurance company? Thanks.
Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always
get a formal case review
from a licensed attorney in your area.
ANSWER for "Street Bike Accident at a Stop Light...":
Bailey (Albuquerque, NM US):
It appears from the facts you didn't sustain any broken bones or suffer any organ damage, nor did you suffer any herniating or bulging disks in your back.
If your injuries are only torn or sprained muscles, tendons or ligaments; or abrasions, lacerations or contusions; or a combination of one or all of them, your claim is considered a "soft tissue" injury.
Soft tissue injuries are not "worth" as much in personal injury settlements. Unlike settlements for broken bones and more serious injuries, settlements for soft tissue injuries can be quite low in comparison.
Before you go too far make sure the medical and therapy bills you are piling up will be paid by the insurance company. The last thing you want to do is incur bills which won't be covered by the insurance settlement. Unfortunately that happens all too often. When it does the victims of accidents are often left with nothing after having to use the settlement money to pay for the medical and physical therapy treatment.
Make sure you are in contact with the insurance claims adjuster. You want to be absolutely sure she will be covering those costs.
To answer your question about the correct settlement amount you can use a tried and true method. That is to take all of your medical and therapy bills, add to those any lost wages., then take that total and multiply it by 3x.
While there isn't any one "formula" which is universally accepted by insurance companies, they are used to the multiplication process.
In your case you might want to take your medical and treatment bills along with the amount of your lost wages and multiply them by 3x. So for example if the total of those bills comes to $3,000.00 dollars you might ask for $9,000.00 dollars to settle the claim.
For soft tissue injuries, especially if they aren't serious you may have to go down to 2x, or $6,000.00 dollars. It will be strictly up to your adjuster and your powers of persuasion.
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.
Best of luck,
P.S. Please help us out by sharing this site...