how does insurance work? wreck with injuries

[Ken45]

Although I've been driving for almost 40 years, yesterday was the first serious accident I've ever been in with injuries and my first accident driving a motorcycle.

A woman pulled out in front of us making a left turn from a parking lot (a winery ) on the right. Trike is likely totaled. I was taken to the hospital and released, my wife was airflighted to the nearest Level 1 trauma center where she is doing reasonably well (all considered) in the ICU.

(Yes, I know, get a lawyer. But I want to get some idea of what goes on from an insurance standpoint.)

I guessing the airflight and icu is already over $40,000. Add in another week of hospital, probably months of therapy.... I can easily guess the medical bills are going to be north of $100,000. Minimum insurance in this state is $25K and $100k/$300K is fairly common for those who get better insurance. What happens when the losses exceed those limits? Are we left holding the bag?

At this point, I have no information on the other driver yet (State Highway Patrol was there and told me to worry about myself and my wife first.) Maybe she has good insurance, maybe poor, maybe none.

FWIW, my own insurance coverage is $1m liability for bodily injury but only $100K for bodily injury for uninsured motor vehicle coverage.

Again, I'm sure this will probably end with with lawyers but I'd like some ideas to start with. Location is Ohio.

Thanks,
Ken

[bayoudave]

Ken, it has been my experience that if the other driver is at fault and she has any insurance at all the limits are pretty much out the window. They will try and say that it is over the limit but I served on a jury once where the driver's insurance had a cap and the judge told us not to consider the limit (don't know how much the limit was cause the judge told us it didn't matter if we found the insurance co. should pay then they will pay) so, you may end up in court but I doubt the limit will stick. JMHO

[Woolie]

Sorry to hear about your accident and hope all of you recover fully. Different states have different regulations, in Texas it is good advice to have Uninsured/Under-insured Motorist Coverage, that is what it is called in Texas, I don't know about Ohio. You are right it will probably end up in court but if your coverage is the right kind your insurance company should be there for you. Visit with your insurance agent, but get a good attorney in the end and don't sign anything and watch what you say, it will be used against you, punitive damages are sometimes 2 or 3 times actual damages and you won't receive any of those without an attorney, all they will want to do is make you "sort of" whole again. Once you have an attorney your agent will probably not want to talk to you again.

I haven't had to go through this and hope I don't ever have to but I do have friends that have. Glad you are still alive. Let us know how it goes, perhaps we will all learn from your experiences, but watch what you post even here. Good luck.

[Ken45]

Thanks for the replies. That gives me at least some starting information.

Ken

[Bikerbozo]

Hopefully the police tested the woman for alcohol. If not, there is nothing wrong with your insinuating to insurance company about her state when "pulling out of a winery".
Best wishes for you & wifes speedy recovery.

[Greydog]

Did your accident occur on RT93 in Lawrence County? Saw short video clip of accident there on the news Saturday evening. Passed a small group of folks on bikes and one trike on RT2 near Point Pleasant at a gas station on my way to the Harley shop in Gallipolis and they were behind me on RT35 in Ohio. I think the the trike was Red Hot Sunglow. Looked like the trike in the news video.

[Pittsburgh Biker]

Ken you asked a question but the answers are not what you asked. Here are the correct ones. IF the driver who pulled in front of you is found to be at fault, her liability insurance will cover your losses, both medical and equipment wise. That is assuming she has appropriate limits. If she does not, then you must look at your own insurance. First, the trike would be covered under your collision. Your medical, depending on the state, will be under your medical coverage sometime called first party benefits. The third area of your own insurance that could be affected is the uninsured or underinsured coverage. These latter two, depending on which, will depend on whether she had any or enough insurance. You may have also opted for uninsured and underinsured with the million dollar liability policy. Suggestion for you. Keep a log of how your injuries have impacted your life and things that you have had to do for each day until this matter is settled. EX: Had Dr.'s appointment at 2:00 today. Had to miss work. Deductible $20.00 Parking 5.00. This will give you an adequate record a year or so from now as by then you'll start forgetting all the details. Good luck.

[keepinon]

First, hope that you & your wife make complete recoveries.

As for insurance payouts, I believe it is different in each state, per state laws. Here in Texas, after tort reform was accomplished a few years ago, insurance payouts are strictly limited to policy benefits.

IE: I had a friend who was involved in an auto accident three years ago. Another driver hit him head on, breaking both his legs, a hip, and spine damage. The at fault driver had the minimum required liability insurance. It paid book value for his auto, but was only required to pay $20K medical, per policy limits (the State minimum). My friend had under insured/non-insured rider, that paid another $20K. But his total medical bills were over $60k.

He found no lawyer willing to sue the other driver. He was employed, making around $18K a year and owned nothing, other than the old car he had wrecked. No chance of any money changing hands, no way for the attorney to get his fees.

Bottom line, in Texas, at least, hope the at fault driver is a commercial vehicle that is required to carry much higher limits.

[Ken45]

Okay folks, thanks for the information. FYI, this occurred on US52 in Adams county Ohio. (But yes, I've been up SR93 in Lawrence county).

I spoke with the state trooper today. She is being cited and they will recommend that her license be revoked. She is 82 and told the trooper that she "saw the motorcycle but it didn't stop." (We are on the highway and she is coming out of a gravel parking lot!)

BTW, I collected our stuff from the trike today. Poor trike. But her car is next to it and heavily damaged too. The Goldwing fought a good battle. Trooper told me that I did everything as good as possible. He said that we would have been worse off on a 2 wheeler, even a Goldwing. He himself is a rider.

Got my helmet back. It has some deep gouges in the top. It did a great job! For those who say they don't want a helmet, it make make things worse, well I can't image hitting like I did and being able to get up from it.

Ken