Boyfriend hit by car today

[Triskeliongirl]

Thanks for the clarification Ace, which is exactly why I recommend that you guys get a lawyer to help you through this! I was surprised to learn after my accident that lost wages isn't just money you lose, but your salary for the days you are out, even if as a benefit your employer gives you sick leave (since technically you are using up sick leave that you might need later becaue of the negligence of the motorist). Also, be aware that your medical insurance company may also want to recover some of their costs, but in my case my lawyer and insurance company worked it out so the medical insurance company paid the lawyer for the portion of the settlement that was theirs rather than me. You clearly have a strong case with the citation, so you just need a good lawyer to help you navigate through it. In my case the motorist lied about the color of the light, and the policmen failed to take the contact info. of the witnesses, so it was more complicated to prove but in the end I won. The bones will heal and before long you'll be putting this all behind you.

[Duck on Wheels]

First of all, my sympathies to you and your BF. Also some words of optimism: His injuries sound about like those my husband suffered when a driver pulled a left turn right in front of him. My DH has healed, is back on his bike, back to trekking up on mountain tops, etc. Yes, there are some lasting effects (scars, one shoulder slightly smaller than the other and with somewhat less mobility) but the nightmares are gone and he's back to a normal level of activity. In fact, the recovery went remarkably fast.

That said, I definitely agree that you should contact a lawyer, as well as your insurance company. The other driver and his insurance company should be covering all your medical expenses (including rehab/PT/massage therapy/whatever ... and including those covered by your insurance), all lost wages (including those picked up by your BF's employer as sick leave), all material costs (clothes, helmet, bike, transportation costs for visits and follow-up appointments ... check with a lawyer and keep receipts for everything that should be covered. This may also be a matter for negotiation in the final settlement. For instance, my DH was asked what tasks were more difficult now that he has restricted range of motion in his right arm. That resulted in his getting a lump sum for future house painting tasks that he may not be able to do on his own any more, plus enough for a motorized mower since it's harder for him to haul the mower up our steep lawn.), AND a good sum for "pain and suffering".

Note too that at least some insurance companies won't pay out anything until the final settlement. Depending on your financial and insurance circumstances, this can put severe pressure on you to settle early. Try to make arrangements so that you can wait it out until you're sure you know all the physical, psychological and monetary costs that you'll be facing.

Do NOT feel guilty about getting the settlement you're owed here. This is NOT about "milking" the system. This is about the other driver (and his/her insurance company) taking responsibility for the very real losses his/her recklessness has caused.

[TerraNik]

Wow.. Firstly I hope your boyfriend is OK and I hope he recovers swiftly!!

With regards to the insurance side of things - it certainly is different in the US compared to Australia!!! Over here we have to pay Compulsory Third Party insurance, which covers personal injury to anyone involved in an accident (except usually not the driver at fault). So in Australia, your boyfriend and his medical costs and rehabilitation would be all automatically covered! It's interesting, I think, to compare what different countries do... I couldn't imagine having to take someone to court every time there was an accident!!

[pooks]

It's interesting, I think, to compare what different countries do... I couldn't imagine having to take someone to court every time there was an accident!!

It is interesting, for sure. But I'm not sure that getting a lawyer to represent your interests always means suing. I think it often simply means that once a lawyer is involved, the insurance companies are quicker to take care of business because they're wanting to avoid legal action. (I could be wrong.)

But yes, it would be nice if you didn't have to do that.

[SouthernBelle]

It is interesting, for sure. But I'm not sure that getting a lawyer to represent your interests always means suing. I think it often simply means that once a lawyer is involved, the insurance companies are quicker to take care of business because they're wanting to avoid legal action. (I could be wrong.)

But yes, it would be nice if you didn't have to do that.

Pooks,
You are quite correct. There is a lot of well-intentioned and incorrect legal advice in this thread. The OP should simply talk to an attorney in her state.

[Trek420]

what pooks sed "I'm not sure that getting a lawyer to represent your interests always means suing. I think .... once a lawyer is involved, the insurance companies are quicker to take care of business....(I could be wrong.)"

I agree, sometimes even having one write a letter, or review the settlement before you sign and indicating that they will can help. Hopefully that's all you need to do, have one read the settlement before you sign, that would be best.

We are a litigious (sp?) society and that's a shame, but this does not mean you are suing or intend to.

My ex had to get a lawyer to get the insurance settlement from her own insurance company when she was hit by an uninsured and unlicensed of course driver. Took years, from her own company....she'd still be waiting without one sheesh kabob.

But mainly I'm glad it sounds like DBF will be ok. This thread could have been much worse and that's the most important.

[dobielover1]

Just an update on Jim - he had a fairly restless night because of the pain. With the head injury, the doctor did not want to give him anything sedating. However, now that the initial 24 hours have passed, he is being given something stronger and hopefully he'll be able to get some rest.
He's in good spirits, we are joking around that we are going to have to have a memorial service for his bike.

The insurance agency hasn't contacted us yet. I think we'll listen to what they have to say then contact an attorney. Thanks again for all of your support and advice...it's a crazy time and I'm not thinking all that clearly.

[cindysue]

so sad to hear about your boyfriend. It's wonderful that he has you for support. I hope the pain subsides soon and he has a speedy recovery.