I was involved in my first motorcycle accident (Advice Welcome)

[gettysburg]

I was involved in my first motorcycle accident on monday(12/11/06).

 

The Details:

 

I was following behind a pickup truck which was making a right turn onto a side road. A car on the same side road, which was waiting to make a left turn, pulled out after the pickup truck had turned but panicked(and stopped) after seeing my comming. I braked, but was unable to completely stop before reaching the car. I was able to avoid "t-boning" the car, but my right cylinder(actually crash bar) clipped the cars bumper. I was thrown clear of the bike, but my left hand was jambed against the handgrip; which resulted in a fracture of the scaphoid bone in my wrist.

 

I'm not exactly sure what happened to the bike. As I tumbled across the pavement, I saw my side cases fly past me. When I got to my feet, the bike was setting upright in a ditch, but facing in the opposite direction to which I was traveling.

 

There is no dispute that the other driver is a fault. She was ticketed for "failure to yield the right of way" and her insurance co. has acknowledged she was a fault.

 

For the record, I was wearing ATGATT:

- Helmet sustained a 3" dia. scrape across the to.

- Riding pants sustained a 3"-4" scrape/tear just below the left hip

- Left boot had a small scrape near pinky toe.

- Both Jacket/Gloves appear to be unskathed from accident.

 

The bike will most likely have over $10,0000 of damage.

 

I'm less concerned about getting the bike repaired(or replaced) than I am about the long term prognosis if the type of fracture I sustained.

 

Best case: The fracture fully heals and that's that.

Worst case: The fracture doesn't completely heal because of poor blood supply and traumatic arthritis occurs later down the road.

 

 

Has anyone here sustained the same type of fracture?

 

 

Also, from your personal experience, is it better to deal with the insurance company directly or to do so through an attorney?

[TN_R_Girl]

James,

 

Sorry to hear about the accident, but glad to hear that you are okay in the grand scheme of things.

 

And now for my $0.02 worth: if you are able to maintain a cordial, cooperative working relationship with the insurance adjuster, I'd recommend keeping attorneys out of it if possible. Once lawyers are involved, your file becomes a "litigation" file; the costs associated with it go up for everyone involved; and it's likely you won't see a payout for a much longer time.

 

Having said that, beware of early settlement offers that entail signing a release. Remember that often adjuster's jobs entail limiting liability and the cost of a claim (just because they have "accepted fault" doesn't mean they won't fight like heck to minimize their payout to you.) Read the small print and make sure you understand exactly what any "settlement" entails and that it does not close off your option of pursuing legal action for the bodily injury.

 

If you feel pressured or the adjuster starts using threatening tones (i.e., "if you don't accept this offer within ___ days, then it's just off) ... then an attorney may be a necessity.

 

Good luck, heal quickly and keep us posted!

[motorman587]

Glad you are ok. Had that happen to me also, but I was able to avoid a crash, scare the holly $hit out of me. I chase the guy down but was to shaken, upset, pissed off to write the ticket. The guy was upset too. We both clamed down and shook hands. Yesterday had a lady come in my lane and we almost kissed.

 

I too would wait for lawyer as long as the insurance is not giving you the run around. Sounds like the insurance company will be fixing your motorcycle.

[jbr7t]

Well, Since we already have the opinion of a district attorney and the police, I guess my opinion as a firefighter maybe not as needed. Anyway, I would agree, stay away from getting lawyers involved until absolutely necessary. As for the wrist. I have a friend, broken his 4 times now. After the first one he started wearing a brace (after the cast) anytime he was doing lots of work with his hands. He seemed to think it helped with the long term pain. Not a doctor, but it sounds good to me.

Good luck with everything.

[gettysburg]

As for the wrist. I have a friend, broken his 4 times now. After the first one he started wearing a brace (after the cast) anytime he was doing lots of work with his hands. He seemed to think it helped with the long term pain. Not a doctor, but it sounds good to me.

Good luck with everything.

 

Funny thing was, my wrist was only slightly sore after the accident. I had full range of motion. Doctor assumeed it was just a sprain; It didn't show the tell-tale signs of a fracture. Swelling was minimal and I didn't really feel discomfort when he was applying pressure against my wrist bones. Only after looking at the x-ray, did he doc realize there was a facture.

[ShovelStrokeEd]

I have been through a couple of scaphoid fractures. Both wrists both the bone at the base of the thumb. One healed in 5 weeks with no problems. The other one, my right, took about 5 months to heal the first time. The ortho guy was talking about a plastic replacement but I elected to just give it more time. As you said, blood supply to these bones is minimal and they can take a good deal of time to heal. The fractures were over 30 years ago and to date, I'm 64.5 now, no real problems with arthritis or any loss of mobility. At the time, my work entailed a good deal of heavy use of my hands (pipefitter and later, millwright). If you do more sedentary work, I'd suggest a program of physical therapy to restore strength and function as your doctor permits. I have actually broken that same bone since and it healed with no problems.

 

All of the above should not be construed as medical advise. I am not a doctor, just my personal experience.

 

As to the other side of this, the insurance adjuster is not your friend. His job is to get the matter settled at minimal cost to his company. Be firm in your requirements and, if he is unwilling to see things your way, get a lawyer. They have to settle, at least the medical portion of your claim, in some minimal time. This is law in most states that I am aware of. The property damage might take a bit longer if it becomes an adversary situation. Do keep all documentation related to the accident. Police reports, a copy of the citation she received and see if you can get statements from witnesses (signed and notarized) and the like. All will help if things go bad.

[AviP]

Also, from your personal experience, is it better to deal with the insurance company directly or to do so through an attorney?

Deal directly. Read the fine print. Find out what your lawsuit options are if your wrist doesn't heal as expected.

[Tony_K]

Only after looking at the x-ray, did he doc realize there was a facture.

 

That sounds like a good sign and the healing hopefully will be perfect.

Let it fully heal though.

 

Looks like your getting a new bike and all new gear. Accept no less.

[Bobmws]

You should have 2 claims here. One is the property damage for your bike & gear which they should settle immediately. Check to see what the statute for open medical claims is in PA. Here in FL one has 4 years to file a claim. Don't sign anything against the medical portion of your claim. You may find that they will not pay for treatment unless you sign, but don't let them close the case. You have the right to discover what MMI (maximum medical improvement) is before settling.

Do your homework now and find the best attorney you can in this field. One consultation is usually free, and if he/she is good, wont be pushing you to sign on unnecessarily.

I learned above info courtesy of a Harley rider who didn't know how to use his front brake.

Good luck and heal well.

[Slumgullion]

You may want to have a hand specialist take a look to be on the safe side.

[Bob_Minor]

Don't be in a hurry to settle but don't be greedy either. You should know what the long term effect of your injury will be before you sign. If you're just talking medical bills a lawyer won't be necessary. If you're looking for compensation for pain and suffering or long-term disability, a lawyer will probably be required before they take you seriously. If it was me and I was sure my wrist would be 100%, I would just accept expenses. But I wouldn't hesitate to seek damages if the injury had debilitating effects.

[Lion_lady]

How bad was the fracture?

 

In July 2004, I sustained a hairline fracture to the scaphoid bone of my left wrist in a lowside accident. We think my thumb must have gotten hooked in the hand guard.

 

The cast, since it is rigid (and now they're made of some polymer so you can get water on them) was actually fairly easy to deal with especailly since I'm right handed.

 

I got good at doing traditional pointer-thumb tasks pretty well with pointer-middle finger instead. Typing was a problem, needless to say.

 

Being 40-something in age, the bones took far longer to heal than I would have liked. The only lingering problem (loss of some range of motion in my wrist from being imobilized so long), I just realize has completely resolved.

 

Pam

[Francis]

There is a technique of using low voltage current to help heal a fracture. A battery pack and electrodes are used in this technique. This technique is especially important in spiral fractures for skiiers.

 

You might also look into hyperbaric oxygen treatments to help with interior swelling and healing. Alternatively you could look to have the hand "bagged" and bathed in ozone as an oxygen healing therapy.

 

Glad you are on the mend.

 

Francis

[tonyla]

forwhats its worth I was on the receiving end of a injury lawsuit at a store I own. during a 3 year proccess We acepted fault and dd not disbute that the person had a fractured ankle. The person refused the 35K she was offered by my insurance and asked for a trail.

after a 6day trail she lost and received nothing. I asked my insurance companie's attorney how much he charged the insurance company and he said 40k. So the insurance companies do have limits and have figured this all out ahead of time.

tony

[Stir]

If you feel pressured or the adjuster starts using threatening tones (i.e., "if you don't accept this offer within ___ days, then it's just off) ... then an attorney may be a necessity.

 

If the adjuster starts down that road, tell the adjuster that you need him to operate under "good faith." Make sure you say that. He will get that loud and clear.

[Doppelganger]

Scaphoid Bone

 

Intersting this article mentions that often times the pain/damage is assumed to be 'just a sprain'.

[flars]

I broke the navicular bone in my left wrist when I was racing (at age 39). Like you, there was almost no swelling, and only showed pain when moved in a certain direction (sort of like I had sprained it). The ortho guy said it would take 11 weeks to heal, and put me in a thumb spike (spica) cast. When the cast came off, I was fine, and have had no problems of any sort with it for the last 20 years. Oh yeah - since I needed the points, I raced two times with the cast on by duct taping an oyster shucking glove over the cast (which left the fingers sticking out so I could release the clutch for race starts). Stupid, but idiotic, and somewhat heroic, don't you think...

[gettysburg]

Personally, I'd prefer not to get a lawyer involved. My only apprehension is whether there will be complications with my wrist, and whether any settlement I agree to, will be sufficient to cover the medical costs. Over the next few days, my wife and I will try to better understand the insurance laws for PA before we talk with the liability claims agent.

[gettysburg]

If the adjuster starts down that road, tell the adjuster that you need him to operate under "good faith." Make sure you say that. He will get that loud and clear.

 

Pardon my ignorance, but is this a subtle/polite way of saying:

 

If you "F" with me, I'm getting a lawyer!

[TN_R_Girl]

If the adjuster starts down that road, tell the adjuster that you need him to operate under "good faith." Make sure you say that. He will get that loud and clear.

 

Pardon my ignorance, but is this a subtle/polite way of saying:

 

If you "F" with me, I'm getting a lawyer!

 

 

Kinda ... but they are also magic words that can keep adjusters on the right track when dealing with claimants and preserve your legal rights. Too often adjusters know and take advantage of technicalities in the law which may affect your potential recovery.

[upflying]

Here's some advice. No question the other driver is at fault for failing to yield to your right of way. But could this be prevented? It sounds like the cage driver didn't see you because you were behind the turning pickup truck. A LEO agency would hold the officer partially accountable for the accident for failing to anticipate the cage driver pulling out from the side road.

[awagnon]

Gettysburg:

 

I was involved in a similar accident and injury a couple of years ago. Glad you weren't hurt more seriously. Here is my experience FWIW.

 

1. The driver admitted fault. Also, the policeman who responded to the accident was a motorcycle cop who was clearly on my side. However, I think the driver just got a $ 50 fine for failure to yield.

2. The bike, my helmet, riding jacket and gloves were totalled or ruined. The driver's insurance replaced all of them promptly.

3. I went to an orthopedic surgeon who specialises in hands and wrists. Ended up in a cast for about eight weeks, but the fracture healed. Some stiffness for a couple of years when I rode, but now rarely bothers me unless I ride a bike where I lean on my wrists.

4. The driver's insurance paid all medical bills. They offered me $ 7,500 for pain and suffering and "future problems". The ortho doc thought I should take it since it was healing well. I was retired at the time. If I wasn't, they would have been out for lost wages if I couldn't do my job in a cast.

5. I unofficially consulted a lawyer friend who is also a rider. He advised taking the money as it was about as much as he could get, anyway.

6. You might want to go to the library and look up the following articles from Motorcycle Consumer News. If you don't have access, PM me and I will send you copies.

 

- January 2003: The "Law" vs. reality. Settling Your Insurance Claim in the Real World.

 

- May 2003: The Multiplier Method: How Much Is Your Pain and Suffering Worth?

 

7. Try to deal with one adjuster all the time. Be nice to them, but firm. Imply that you have talked with a lawyer, but don't want to get them involved.

 

Good luck with your healing and settlement.

 

Al

[gettysburg]

3. I went to an orthopedic surgeon who specialises in hands and wrists. Ended up in a cast for about eight weeks, but the fracture healed. Some stiffness for a couple of years when I rode, but now rarely bothers me unless I ride a bike where I lean on my wrists.

 

Did you undergo any physical therapy after the cast was removed? A co-worker's husband recently a broke a bone in his foot and was in a cast for approx. two months. For whatever the reason, he didn't undergo physical therapy to regain strength/flexiblily in his leg and complains that he can no longer run. I go back to the orhopedic surgeon on the 27th and plan to discuss this with him.

[awagnon]

Did you undergo any physical therapy after the cast was removed?

 

No physical therapy. I asked the surgeon about it and he felt it wasn't necessary, but would order it if I felt I needed it after just normal activity. He did tell me to buy one of those grip-strength exercisers which looks like an open bobby pin and to gradually increase my strength. I did fine and didn't want the hassle with PT.

 

The worse part was him telling me not to ride or use tools with my right hand for a month after the cast was off. During that month I bought my RT with the insurance settlement. My son-in-law generously agreed to ride it to work every day from Salt Lake City to Park City to keep the battery charged. That was nice of him..!!

[rrrich]

As far as low blood supply to an area is concerned (and I'm a frequent patient not a doc) the "20 minutes hot 20 minutes cold" technique "pumps" blood to the treated areas. A couple microwaveable gel packs (one for the freezer, one for the mirco) work great. Watch "60 Minutes" and you can get a pump and a half outta it.

 

(Pun intended)

[Amac]

Keep in mind that most lawyers have no interest in dealing with a case that is going to be worth less than five figures, and they aren't really highly motivated unless the case is going to bring six. That is to say that even if you find yourself on the short end of an unfair offer by an insurance adjuster regarding your bike, that adjuster knows that unless you've really been hurt in a permanent sort of way, that they have little to fear from lawyers as you likely won't find one to take your case.

[awagnon]

Amac,

 

That's probably true. However, when I had my accident, one of the first questions asked by the driver's insurance claim adjuster was, "..have you talked with an attorney?" Maybe that is just a box on their check list of questions, but they wanted to know for some reason.

[eruff]

My 2 cents. The crucial point about settling with the ins. company regarding your hand injury is this: You CANT intelligently settle on your hand right now because you don't know what your damages are. You might heal completely, you might not, just as you observed. So, no matter how "reasonable" the ins. guy seems to be, he CANT be reasonable on the personal injury because no one knows how what you are giving up when you settle. You must, instead, wait. Wait until a doctor tells you that you have healed as much as you are going to. Only then can you tell if you have permanently lost anything. Then you can settle intelligently and fairly.

 

As one writer here correctly noted, settling on your PROPERTY damages right now is no problem because those damages are currently ascertainable and aren't going to go up or down. Just be careful about what you sign of on -- you only want to settle property damages and specifically NOT personal injury.

 

If you are lucky, you will have no long term damages and will heal up. A lawyer can make sure that what you are sigining does in fact say what you understand it to mean. Good luck!

[motorman587]

Here's some advice. No question the other driver is at fault for failing to yield to your right of way. But could this be prevented? It sounds like the cage driver didn't see you because you were behind the turning pickup truck. A LEO agency would hold the officer partially accountable for the accident for failing to anticipate the cage driver pulling out from the side road.

 

Do LEOs get blamed for red light runners too, for not anticipating that some may run red lights? Cause that sucks. My department only finds you at fault for violating statues not for failing to not to anticipate.

[gettysburg]

A LEO agency would hold the officer partially accountable for the accident for failing to anticipate the cage driver pulling out from the side road.

 

I'm by no means an expert motorcyclist; however, the trooper on the scene felt I did all that was possible to minimize the impact of my bike with the car. I had already slowed down as the pickup truck signaled his turn. What I didn't anticipate was that the driver, making the left from the side road, would panic and stop in the middle of the road after she saw me. I could have slammed on my brakes and hope I stopped before t-boning the car, or I could try to manuver around the car, which I did. I almost cleared her car, but my right cylinder caught the cars bumper.

[GKRS]

Do yourself a favor do not deal with insurance companies directly get a lawyer, and wait till you're fully healthy before submitting a claim. I was rear-end on a motorcycle, CHP report stated the other driver was at fault. I gave a statement to both insurance companies the following week and that's when the problems started. I got a lawyer and he solved the issues. Lawyers take a 1/3 of the settlement, but it's well worth it.

 

Greg

[bmw_keith]

disclaimer:I'm just another rider who had an accident over 10 years ago.

 

Strangely enough I was riding a Yamaha and the car was a BMW!

 

Anyway, I was leaving a parking lot and a young driver in a loaner jumped out of a spot and jams my front wheel, tossing me over the handlebars. (The other driver was cited later)

EMT, hospital, home in a an hour. Visited a primary doctor and then a few days later some other specialist since I had this "soft tissue" injury/tear/something in my upper back.

 

I thought I saw $$$ for sure.

 

I had an informal meeting with a lawyer through a colleague.

 

He said that since I didn't miss work and didn't appear to suffer any serious and/or permanent injuries that the outlook for $$$ wasn't that good. Basically, I didn't get hurt enough.

 

He'd take the case though and ~33% for consultation and ~40% if it went to trial. In addition, I would have to pay the costs for things like subpoenas or whatever. Unknown costs up front. He said I could do the math to figure out the point of which it's really worth the hassle.

 

He suggested that I document all hard costs - missed work, doctors fees, etc,etc. Send a direct letter to the insurance company and lay out the facts and express that you expect to be "reimbursed". I was tossing some numbers out there based on hard costs and they offerred me some $$$ to cover it.

They paid for the MC repairs no questions asked. Don't threaten to sue or they may shutdown.

 

Seems to me like your injury is the bigger issue and you need to find out how long you have to sue if needed. Problem is I bet most states are a few years, so you'll have to decide way before you know if it's truly healed.

 

good luck.

[rule_62]

I was involved in my first accident at the ripe age of 17, a driver in the left turn lane suddenly decided they wanted to turn right. I caught the passenger fender and ended up on the hood.

 

This is my first motorcycle accident lesson. I was young and my parents weren't too keen on the fact I was riding a bike in the first place. The bike was replaced and my initial medical expenses were covered. I was pressured into settling, not that it took that much pressure because they were offering an addtional $500 and it was 1978 and I was 17. I later realized that I had settled way too soon. My right hand suffered an evulsion (the tendon of my right thumb was torn back), and it took much longer to heal than I expected (although the Doc later shared with me I healed relatively quickly). All of the $500 plus another couple hundred were spent on medical bills that came up nine months after the accident.

[gettysburg]

This is my first motorcycle accident lesson. I was young and my parents weren't too keen on the fact I was riding a bike in the first place. The bike was replaced and my initial medical expenses were covered. I was pressured into settling, not that it took that much pressure because they were offering an addtional $500 and it was 1978 and I was 17. I later realized that I had settled way too soon.

 

When initially spoke with the insurance adjuster, I told her I wouldn't be giving a statement or accepting any type of settlement until my wrist was sufficiently healed. My out of pocket expenses have minimal(relatively speaking), so I'm not really worried about how the bills will get paid.

 

I guess the challenge will be determining a "pain and suffering" amount for the time I've been in this cast. From what I've read this is usually calculated by adding up the out of pocket expenses and applying some multiplier value to the total.

[TN_R_Girl]

If you are lucky, you will have no long term damages and will heal up. A lawyer can make sure that what you are sigining does in fact say what you understand it to mean.

 

Good point ... you can always request a copy of the proposed settlement documents from the adjuster and pay an attorney for an hour of his/her time to review them, explain the legalese, and confirm your understanding.