Hi folks -

Cabin fever is starting to get the best of me at last. Can't drive my two-wheelers, can't even drive my Crossfire (stick-shift). Walking any distance is painful. Argh. And to top it off, even my new wireless internet isn't reliable, so I'm feeling trapped, sore, bored, unproductive, and lonely.

Physical updates: The shoulder is improving, in that I can now move it (with my other arm) without wincing when doing so. The knee road-rash is mostly staying not-infected, as is the elbow. Both areas show impressive bruises, and the shoulder injury has a freakish swelling right at the A.C. joint. I can now make a fist with my left hand. I can also blow my nose (finally!) without feeling like I'm getting stabbed in the ribs. Discovered that pretty much every joint aches, including neck and back. I even have sore toes, it turns out.

Damage: The Aprilia is pretty much damaged on every surface, and the handlebar is done. I must have hit my head a little, because the plastic top separated from the foam underside. My nice wool coat is full of holes and stuff - I'm thinking of patching it and wearing it as a badge of something or other.

Costs: I had minimal insurance on the Aprilia, because I didn't plan to wreck it, insurance is expensive, and the only reason I'd get hurt would be due to someone else - so their insurance would pay for damages, right? Well, ain't that funny. My vehicle insurance will pay $1000 of my medical, after which my health insurance should pick, but no repairs or such. Kansas is a "no-fault" state, so I guess my insurance company will have to duel with the other driver's... or I have to sue to recover out-of-pocket expenses.

Advice: Do I need to get a lawyer to make sure I don't have to pay anything out-of-pocket on this? I've already had to do co-pay on meds, and I expect I'll get a bill from Lawrence Hospital emergency room and x-ray folks, plus the doctors, specialists, and physical therapists to come. What do I do next?

I know one thing I won't be doing anytime soon: Riding on two wheels. Not that I don't want to, but that requires two functional arms. Hmph. :-/

Best,
Chris
Tags:

From: [identity profile] normalcyispasse.livejournal.com


At the very least, call LawTigers and sit down and talk with a lawyer. I was very anti-litigation when I had that run-in with the bus, but LawTigers helped out a lot in finding an attorney.

888-529-8443.

Convalesce quickly, sir.

From: [identity profile] dragonet2.livejournal.com

And remember to get


a new helmet. It's been whacked, it won't be protection anymore.

(I know that is how it is with bike and horseback helmets, I'm thinking it is the same with motorcycle helmets. I may not be totally up to date on that tho.)

Get well soon! But take it easy!

From: [identity profile] stuology.livejournal.com


Why did you not call me? I could have helped with the bored, and I made cookies today.

Cookies!

You can ask my FIL about the lawyer thing since he is one and this is what he does. If anything, get advice just in case you have long-term medical costs for your shoulder.


From: [identity profile] bammba-m.livejournal.com


Wow, I totally missed all of this.

Sorry you're all hurt and sore. I have no useful advice, other than plenty of Matzo Ball soup which cures EVERYTHING.

I am glad to see you typing and complaining about stuff. That means you're not dead. Which would be a huge suck.

Feel better!

From: [identity profile] orin2.livejournal.com


Listen to Stuology and normal and at least talk to a lawyer. You don't want the expenses to end up being yours and then get on your credit somehow. Better to have a plan if you need to go that route. Glad things are improving. Don't push it!

From: [identity profile] siro-gravity.livejournal.com


:(
crummy way to spend a summer.
i hope you heal fast.

From: [identity profile] kythiaranos.livejournal.com


Ouch! I'm glad to hear you're starting to feel better.

From: [identity profile] roya-spirit.livejournal.com


Your emergency bill should be picked up by your PIP (Personal Injury Protection) on your insurance providing you gave the ER your auto insurance info.
(Only $1000? Jeez, up that!! seriously, it doesn't cost that much more on your policy)
You will need to get an attorney with all this. Keep the damaged clothing, take pictures of your injuries, turn every receipt in. Unfortunately, you may end up with out-of-pocket up-front expenses, but once you're in litigation with the insurance, those bills can be delayed.
oh, and like they say on the crappy tv ads, don't talk to the other insurance co. At all.

From: [identity profile] regine735.livejournal.com


Yep -- get a lawyer. Take pictures, the uglier the better. Document everything. Keep receipts, etc. Like everyone else has told you.

Please get well and if you need to vent, let me know. I went down this road and was fortunate enough to get a decent settlement from the other guy's insurance, but not before they accused me of throwing myself under his truck.

Institutional evil = insurance companies. And they wonder why we have this ambivalent relationship with them?

Hugs of the zen variety --

From: [identity profile] woadwarrior.livejournal.com


Yes the earth is a pretty big thing to run into! I'm not surprised you're sore all over.

AC joint injuries can be weird, I injured my shoulder in a fall a couple of years ago but it didn't start giving me real trouble until months after the injury. I foresee that your PT will assign you many strange and seemingly silly exercises.

Hope you heal quickly.




From: [identity profile] chernobylred.livejournal.com


Maybe we can have a more successful trip out of the house tonight. I'll try to think of a restaurant that has arm-rests on the chairs. =/

From: [identity profile] astein142.livejournal.com


It is absolutely worth discussing your options with a lawyer. My ex was an insurance claims adjuster and he got claims like yours all the time. Of course, his job was to find ways to avoid paying them... ;)

From: [identity profile] queenmomcat.livejournal.com

Re: And remember to get


I'm betting on the need for a new helmet also; if you clonked the ground hard enough to separate the padding from the shell.

Oh, and welcome to the "no-fault" insurance state. Michigan's automotive insurance is set up similarly.

From: [identity profile] charmed-art.livejournal.com


I wish I could help more, but my wreck was handled so well in Washington that I have no idea what to advise in this case.

That said, i'd get a lawyer, anyway, because all this BS was not your fault, and honestly, just think that that girl is just walking around like nothing went wrong in her day. It's not fair, and you need to be compensated for your time, your injuries, and your losses. It's the only dignified thing to do.

You can come watch us move, if you need to get out of the house?

From: [identity profile] amjhawk.livejournal.com


Well, damn. Sucks that things aren't healing faster.

I'll defer to more knowledgeable people above on legal matters.

Good luck with the shoulder, the hospital, and the insurance companies.

(I wish I was there - I'd be glad to entertain and help you out. Though I can for a couple days here in two weeks.)

From: [identity profile] madmatmax.livejournal.com


I thought no fault just applied to the bodily injury part? My parents had a wreck a few years back where their vehicle got tboned when another driver ran a red light. Of course the other insurance company tried to lowball when paying for another vehicle though. My mom, who is a lawyer, had to write a letter threatening a lawsuit if adequate payout wasn't made. With the bike, most likely the other insurance company would be on the hook for replacing it since the other person got a ticket.

Its probably one of those things that your bike probably should be totaled out from a insurance standpoint, ie cost of fixing vs value. Finding, pricing, and buying a replacement will be a big mess since they seem to be kind of hard to find.

From: [identity profile] weaselmom.livejournal.com


Aw man. What a crappy way to spend the summer! I have no experience with no-fault insurance, so I will just wish you luck with penetrating the bureaucracy. And definitely get a new helmet - Shawn just got a new one last night and I was thinking, "Geez, I hope Chris is getting a new one too!"

From: [identity profile] mckitterick.livejournal.com


I wasn't feeling like much of company, on account of the grumpiness and all, heh.

I should call your FIL. Could you please email his contact info?

From: [identity profile] mckitterick.livejournal.com


I know - and the fact that it's so nice out really rubs it in and adds to the feeling-sorry-for-self part.

From: [identity profile] mckitterick.livejournal.com


I have no PIP, just the minimal injury thing on the scoot; I figured, that's what health insurance is for, right?

Planning on seeing a lawyer as soon as I can figure out how to get to see one.

Thanks for all the advice!

From: [identity profile] mckitterick.livejournal.com


I took some ugly photos last night, and I promise not to share except by popular demand ;-)

From: [identity profile] mckitterick.livejournal.com


Felt like the Earth ran into me.

I can't wait to start that PT. Hooray.

From: [identity profile] mckitterick.livejournal.com


Yeah, I figure that her insurance having to deal with this will help encourage her to be a safer driver.

From: [identity profile] mckitterick.livejournal.com


Well, considering, I think I'm healing in decent time.

Would be awesome to have you around to do a bit of gaming. I could sit in a chair with many pillows supporting my arm, and you could shuffle for me!

From: [identity profile] mckitterick.livejournal.com


I know! It's been a Seattle-like summer here, cool and sunny (with occasional thunderstorms), fireflies... and I'm stuck inside. Hmph.

It's not my cool, new carbon-fiber helmet that took the hit; it's my old bicycle helmet! That's what I wear around town when it's above 90° Fahrenheit.

From: [identity profile] mckitterick.livejournal.com


I haven't been posting much due to the CSSF summer programs, and I've only dropped a couple of notes since the crash: typing sucks!

Wish I had some matzo-ball soup, but bratwurst-flavored pasta seems to help, too ;-)

From: [identity profile] mckitterick.livejournal.com


Thanks! I plan to heal faster than anyone can imagine ;-)

From: [identity profile] mckitterick.livejournal.com

Re: And remember to get


I plan on it! 'Twas a bicycle helmet, as it turns out, because a cycle helmet is too hot for Kansas summer riding (in-town only, of course).

From: [identity profile] mckitterick.livejournal.com

Re: And remember to get


Let's hope "no-fault" doesn't mean that her insurance isn't responsible for paying for stuff....

From: [identity profile] astein142.livejournal.com


Good luck with that. I haven't spoken to him since 1998. :)

From: [identity profile] queenmomcat.livejournal.com

having had car insurance in several different states


I don't know how Kansas' insurance racket...erm, business...works, but in Michigan, your insurance pays for your repairs (vehicle and human) and their insurance pays for theirs. (usually)

On the plus side, it means things work more quickly, as there's no delay for the insurance companies to decide who's responsible and hork up the money. On the down side, it means your insurance always has to pay.

From: [identity profile] roya-spirit.livejournal.com


PIP *is* your minimal injury, it's mandatory in Kansas, so you must have it. And no, it's not what health insurance is for, it's for picking up the tab until your co-pay/deductibles are met and for you to get care without having to sue the other driver. Maybe you're thinking of your personal injury liability?

Kansas law does require 4500 minimum, I'd take another look at your policy, it might be there.

Never mind getting to a lawyer, call them and look around on this website for more advice. I wish I'd known about it when I got hit. And give my regards to the fellas at Mac's dad's firm. :)

ETA.. you can look around that website without having to register, that's what I did. I didn't trust it wouldn't spam me if I did, and I got the info needed without it.






Edited Date: 2009-07-22 07:43 pm (UTC)

From: [identity profile] http://users.livejournal.com/kai_/


I say: not just institutional evil, but legislated institutional extortion!

Chris: get better soon!

From: [identity profile] bellanorth.livejournal.com


Gosh, I'm glad to hear it's not worse! I'm a bit behind in my reading so I'm not sure when this happened, but here's to a speedy (and full) recovery for you.

From: [identity profile] tully01.livejournal.com


FWIW, the only time I've had to claim on KS auto insurance in the last several years it was for a no-injury accident involving a liability-only covered vehicle, and the other driver was self-admitted to be at fault. (Not that there weren't a dozen witnesses, but that helped.) My insurance company had me take my liability-only covered vehicle in for repairs to their preferred facility, and took care of collecting the payment for same from the other insurance company. I was never so much as a dime out of pocket.

Of course, if it's not that clear-cut save and make every bit of documentation you can, and if there's any trouble, get a lawyer.
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