Moto accident question (ride, driver, bike, motor)
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Riding my Honda 750, stopped at a light. Lot of traffic. Light turns green, I start to go. The old gal in the car on my left suddenly veers into me, pushing me over. The bike is damaged, not whole lot, but some. Plastic parts are broken, maybe enough to total the bike. I am not really hurt, just some bumps and bruises from where I contacted the street. Cops show up, several people saw what happened and stopped. What I am wondering is this; am I entitled to some compensation beyond just fixing the bike, some recompense for my pain and suffering, even though I did not seek medical attention? Something? Or should I be content with just fixing or replacing the bike?
Without Dr bills and an aggressive lawyer, there's next to nothing you can do. You could try small claims court, but a judgement in your favor doesn't mean you'll actually get any money out of the person (you have to do that on your own).
I've been in similar situations a few times, I was always happy to just get the bike fixed, which was not the norm for me.
What I am wondering is this; am I entitled to some compensation beyond just fixing the bike, some recompense for my pain and suffering, even though I did not seek medical attention? Something?
Generally speaking ... claims for "pain and suffering" after an accident are supported by your demonstrated need for medical services that you got (ambulance, e-room services, follow up medical care, etc), and doctor's reports showing the extent of your injuries and care such as prescribed pain meds.
You'd also have needed psych treatment required to give you support and restore you to normal functioning after documented losses of mental capacity, depression, loss of cognitive skills, etc ... needed to establish a claim of "suffering". Maybe you've lost your "joy" of riding your motorcycle due to the accident. Maybe you've got nightmares now about being run over by a cager with you riding your motorcycle again, sleep deprivation resulting. Maybe you've lost the consortium of your SO because of your changed mental attitudes. And so forth.
While nobody would deny that there were some medical issues following your accident and that the experience can be traumatic with such consequences, what you've got to demonstrate and prove is that the medical issues, pain and suffering rise to the level of some degree of incapacitation and actual monetary loss.
So if you haven't sought out the services of medical professionals to that extent, you'll not have made much of a case.
IMO, it was a mistake to "not seek medical attention" immediately after the accident. As a layman, you are unlikely to know what exams and tests to perform to verify that you're "really OK". It wouldn't be uncommon for the real severity of your possible injuries to show up sometime after the fact ... for examples, a cracked rib, or neck whiplash, or cognitive loss, or hearing problems, could take a couple of days to manifest their recognizable symptoms. A trip to the e-room or your primary care Doc after the accident would have been helpful in establishing the trauma you sustained and the potential for injuries.
Or should I be content with just fixing or replacing the bike?
At this point, you'd need to consult with a lawyer for his take on your situation and prospects. Some may want to take up your possible claims on a contingency basis for a fishing expedition, some may want a retainer up front and advise the prospect of substantial fees through the course of a trial. You have to weigh the prospects of legal fees against the real value of a claim and the potential of collection on a judgement. You did get the other driver's insurance policy info at the scene of the accident, right?
PS: BTDT. Stopped at a light on a 4-lane highway, the van driver in the "left turn lane" decided that he wanted to make a right turn. So when the light turned green, he turned right across me on my moto scuzzi in the adjacent lane. Dropped me and he kept on driving. Fortunately, the old beast was equipped with the then factory stock "crash bars" and the damage to the bike was minimal ... a few scratches on the chrome bar and a scrape on the front fender. I did get a couple of bruises and a messed up left wrist which took months to heal up. I didn't get medical attention and put up with the annoyance/inconvenience of the injuries. The bike didn't need to be repaired to be roadworthy. But I did have a year of not wanting to ride much anymore due to my fears of being run over again ... the last time I was down like that was about 20 years before when a cager took a left turn into me at a signalized intersection. He too drove off knowing that he'd hit me; I tracked him down via a description of his vehicle and a partial license plate number. His attitude was "you're just a motorcyclist" (I was riding a Ducati 250 Monza with the headlight on). With no medical attention in either crash, there was no basis established for injuries/pain and suffering.
Be glad you lived. Stop being greedy.
No bills,probably no compensation. Wouldn't even be worth the time.
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