Expert: Richard Hixenbaugh - 8/27/2010

Question
Hi,  Short version of my story:  Pickup truck  pulling trailer was driving aggressively, tries to pass me on narrow road, blaring horn, yelling out window, ends up sideswiping me at 30mph (I'm going 25mph), I launch through air, hit hard on head, and side, no broken bones, but some bad road rash, mild concussion.  Very lucky to be alive!  I go to ER for x-rays, and wound clean up.  I miss two weeks of work (commercial pilot & military reserves).  State police  find driver at fault, charged him with negligent driving, two witnesses give statements to police supporting my version.  He is uninsured of course!  So, I am trying to settle the case myself under a claim on my uninsured motorists coverage.  My aim is to get my $7000 bike replaced, get my lost wages and out of pocket medical bills  covered (another $6500), and I feel I deserve some reasonable, fair compensation for pain/suffering/disruption to my life.  I was black and blue and could barely walk for 3 days, road rash  wounds oozed and bled for about 10 days, required dressing changes 2x per day.  I just want a new bike and my training routine back.  What is a fair amount to ask for in pain and suffering?  Not looking to cash in, but I feel I deserve something as well, for what I had to go through.  It stinks that my carrier has to pick up the bill, but that is why I carry the UM coverage, so that I'm covered, and I want fair recompense under the policy.  I'm just clueless as to what a fair number for the pain and suffering portion is in this case?

Answer
Hi Steve,

You should demand 3 times the total of your medical bills plus your lost wages or time, then be willing to negotiate down to about 2 times the medicval bills plus lost wages or time. You should also receive payment for the value of your bike if your policy has uninsured motorist coverge for property damage.

You should visit www.collisionwizard.com . This website will help you organize all of your medical treatment into a demand package and will also calculate the high and low value of your claim.

I hope this helps
Richard Hixenbaugh