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Old 06-25-2013, 11:26 AM   #1
redeye-az OP
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Location: star valley, arizona
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1 bike wreck, insurance, laywers

i recently skidded into a bar ditch on a freshly graded dirt road.
did damage to me & the bike.
i have humana medicare/aid and foremost m/c coverage.
foremost said it wouldn't pay for personal injury because no other vechicle was involved (they won't have somebody to go after).
i thought that was why we have insurance, for "accidents".
does anyone have any experience on this issue ?
retain counsel? let foremost pay bike and humana pay body damage? and move on.
if anyone has advice or experience pls pm me and we go from there...
thanks.......db
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Old 06-25-2013, 12:52 PM   #2
BIG-E
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Dan,

What about the injuy's?? Whats broken? Hopefully nothing, but I herd the ribs are banged up a bit?

You aren't seeling your bike right?? Right?

Let me know if I can help in any way.
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Old 06-25-2013, 12:59 PM   #3
Lonestar2112
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redeye, first thinig......you probably do not want to talk specifics of what went on until you are done with the entire process.

I am in a similar situation. Single bike crash, $$$$ medical that BC/BS paid for, then went after my auto company. I am still in the middle so I am not going to discuss details. BC/BS told me that if they did not get a FULL payment from my auto carrier they were looking for me to pay the remainder. In addition, I got a letter from them claiming that I owed an amount to them. I sent a copy of the letter to the auto inisurance company.

I am waiting to see how screwed I can be.

I ALSO ASSUMED that auto insurance would pay for my medical if I was in a wreck.

I'll PM you for an email addy or phone number AFTER mine is resolved.
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Old 06-25-2013, 01:19 PM   #4
redeye-az OP
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Quote:
Originally Posted by BIG-E View Post
Dan,

What about the injuy's?? Whats broken? Hopefully nothing, but I herd the ribs are banged up a bit?

You aren't seeling your bike right?? Right?

Let me know if I can help in any way.
see the aarg site or regional forum, "redeye down" for broken details.
yes you can help.
help me sell the bike, COMPLETE. bags boots darian pant/jacket, everything but gps. even helmet, HJC modular, not arai X3, it's junk, did it's job.......
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Old 06-25-2013, 01:20 PM   #5
redeye-az OP
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Quote:
Originally Posted by Lonestar2112 View Post
redeye, first thinig......you probably do not want to talk specifics of what went on until you are done with the entire process.

I am in a similar situation. Single bike crash, $$$$ medical that BC/BS paid for, then went after my auto company. I am still in the middle so I am not going to discuss details. BC/BS told me that if they did not get a FULL payment from my auto carrier they were looking for me to pay the remainder. In addition, I got a letter from them claiming that I owed an amount to them. I sent a copy of the letter to the auto inisurance company.

I am waiting to see how screwed I can be.

I ALSO ASSUMED that auto insurance would pay for my medical if I was in a wreck.

I'll PM you for an email addy or phone number AFTER mine is resolved.
thanks
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Old 06-25-2013, 02:27 PM   #6
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Quote:
Originally Posted by Lonestar2112 View Post
I ALSO ASSUMED that auto insurance would pay for my medical if I was in a wreck.
Don't assume, check with your insurance agent, you only get the coverage that you buy. Pretty much everybody understands that Liability covers $ you owe to the other person for damage you did to them (property or person), and that your own bike isn't covered for YOUR OWN wreck unless you also bought Collision coverage. (If another at-fault person damages you, their Liability pays for you or your bike.)

Similar thing can happen with YOUR OWN medicals in YOUR OWN wreck. It all depends on what coverage you bought (and the laws of your state). In effect, you need to buy the equivalent of "Collision" on yourself. Otherwise you don't have it. "Only policies with personal injury protection cover injuries to you." http://www.ehow.com/facts_5731414_ca...injuries_.html
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Old 06-25-2013, 02:39 PM   #7
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Quote:
Originally Posted by viverrid View Post
Similar thing can happen with YOUR OWN medicals in YOUR OWN wreck. It all depends on what coverage you bought (and the laws of your state). In effect, you need to buy the equivalent of "Collision" on yourself. Otherwise you don't have it. "Only policies with personal injury protection cover injuries to you." http://www.ehow.com/facts_5731414_ca...injuries_.html
This right here. Coverage of your own injuries is sold as "personal injury protection" in some states and "medical payments" (or "med pay") in others. In most states, it's not required. If you don't have it, your motorcycle insurance will not pay for your injuries in a wreck you caused.

Liability only covers injury to others, and UM/UIM only covers injury to you if the wreck was caused by an un- or under-insured driver.

The place to look for coverage is your health insurance. Some policies exclude motorcycle/snowmobile/boat/etc. accidents, but contrary to what motorcycle insurance salesmen tell you, it's not that common.

Subrogation--and insurance generally--are a mess. If your injuries were particularly expensive and it looks like you might get stuck with the bill, it might be worth your time and money to have a brief chat with a lawyer.
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Old 06-25-2013, 06:09 PM   #8
NJ-Brett
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Both times I crashed badly dirt riding, I had good insurance through work, everything 100% covered.
Total bill was likely $100,000.00 with the helicopter rides and hospital stays and rehab.
Still, they tried to go after my motorcycle insurance, and kept asking about 'the other driver' and then the property owner (county/state land).
My motorcycle insurance sent paperwork that said no personal injury coverage.
My health insurance had to eat the cost.

If you do not have any, or poor coverage, you are screwed.

Our friends in Canada do not have to worry about such things...must be nice.
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Old 06-25-2013, 06:29 PM   #9
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Originally Posted by NJ-Brett View Post
Our friends in Canada do not have to worry about such things...must be nice.
To a certain extent that is true. Any treatment you get in the hospital is covered by the provincial insurance made available to those who qualify. But...

1) Hospital care in Canada is quite mediocre compare to what is available in the US.

2) Once you're out of the hospital, you're on your own dime. Provincial health insurance doesn't post-release medication, physiotherapy, etc. For this you have to look at your private insurance that you get through your employer or purchase on your own accord. And these usually come with modest caps.

Insurance is highly regulated here in Canada. If affords a basic level of health care coverage, but I'm not sure to what extent. This thread is certainly motivating me to look into my policy.
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Old 06-25-2013, 11:13 PM   #10
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@ redeye az;

Lonestar2112's advice against sharing particulars online is sound.

der saufer's advice about retaining counsel is also sound, despite his intoxication.

WTF is a bar ditch?

I hope your injuries heal quickly, and your insurance problems work out.

Good Luck!


@ BigBadandUgly:

I think some of your assumptions are off.

a) A good friend busted his hip this winter here in Onterrible, and got free PT and meds.

b) US ranks 36th in the WHO rankings; Canada 30th.

http://thepatientfactor.com/canadian...ealth-systems/

This is put in perspective when you learn that the US spends more per capita than any other country.

http://www.guardian.co.uk/news/datab...-world-country

We are luckier than we think...
.
.
.
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DOGSROOT screwed with this post 06-25-2013 at 11:26 PM
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Old 06-25-2013, 11:45 PM   #11
SQ Beemer
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Originally Posted by bigbadandugly View Post
... This thread is certainly motivating me to look into my policy.
Ditto. Scary to think about what is possible.

I hope the OP and others get through everything ok. Thanks for the unintended public service announcement.
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Old 06-26-2013, 09:48 AM   #12
redeye-az OP
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Quote:
Originally Posted by DOGSROOT View Post
@ redeye az;

Lonestar2112's advice against sharing particulars online is sound.

der saufer's advice about retaining counsel is also sound, despite his intoxication.

WTF is a bar ditch?

I hope your injuries heal quickly, and your insurance problems work out.

Good Luck!


@ BigBadandUgly:

I think some of your assumptions are off.

a) A good friend busted his hip this winter here in Onterrible, and got free PT and meds.

b) US ranks 36th in the WHO rankings; Canada 30th.

http://thepatientfactor.com/canadian...ealth-systems/

This is put in perspective when you learn that the US spends more per capita than any other country.

http://www.guardian.co.uk/news/datab...-world-country

We are luckier than we think...
.
.
.
bar ditch.....not sure what the acronym means. but it's basically the drainage ditch on the side of the road. don't know if that verbiage is regional or not.
they usually make good berms if needed.
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Old 06-27-2013, 10:07 AM   #13
JLeather
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My auto/motorcycle policy does not cover any personnel medical liability, and there's no rider I can purchase through either Erie (auto) or Progressive (bikes) that will. My agent, who I've had for quite a while and has been very fair to me, explained that a lot of insurance companies don't offer personal liability coverage at all. That's up to you to either have through your medical insurance or a separate policy specifically for such things. Now, if someone else was at fault it's a whole different story, but in a single bike wreck I know I won't get any injury coverage from my bike insurer.
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Old 06-27-2013, 11:43 AM   #14
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redeye, get the full copy of your policy and read it. It will tell you what coverage you bought. If it'll help, sit down with your insurance agent and the policy in front of you to go through it. Don't take anybody's word for anything. You have what you bought as shown on your paperwork.

Subrogation...often misunderstood & messy. It simply means that the insurance only pays once for a claim. If your medical insurance pays first for the injury, then your vehicle insurance pays for the same injury, you don't get to pocket the second payment. You have to pay back to the medical insurance with the money the vehicle insurance sent to you.

Anyway, get your policies out, contact your agents, and find out what you're covered for. If it ain't on paper, it ain't real.
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Old 06-27-2013, 03:35 PM   #15
Tom48
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I have Safeco in NH, I fell on a trail, my F650GS had some damage, My boots were damaged as was my Arai helmet.
I'm have whats left of medicare and I was not hurt. Insurance fixed the bike and after I found the receipts, replaced my boots and helmet.
I have maximum insurance on my 4 motorcycles and its cheap ($400.00)
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