My brother was in a motorcycle accident

[mikester]

4 weeks ago this week.

Head on situation, women fell asleep at the wheel as he was on the way to work one morning and crossed the center divider. He tried to avoid but ended up t-boned by her in his left leg.

That leg is now mostly titanium and undergoing multiple reconstructive surgeries.

He's otherwise okay - minor injuries elsewhere, no road rash or head injuries.

State of Florida which is a no-fault state. I don't remember what that means, need to look it up. He's got a personal injury attorney engaged.

I'm curious though on what he can actually go after in a case like this?

Woman wrote him an apology letter and hand delivered it to my dad at his house a few days after the accident.

Bike was fairly new - just a few months old. Her insurance company already lowballed him with less than payoff value. Irritating...

Except for his leg and the painful ordeal that is so far he is okay - physically. Not sure of total mental state yet due to the long hospital stay and serious pain.

[jhynesrockmtn]

Sorry to hear. I hope he heals fully. I had an accident, teenage girl pulled out right in front of me, a few years back. Older VFR, her insurance paid quite a bit more than the bike was worth. I had no real injuries and didn't pursue anything. He should get compensated for any missed work, unpaid medical, etc. I'm not sure beyond that in terms of "pain and suffering". Each case I assume is quite unique.

[Christien]

No-fault here means your own insurance company pays for your damages, property and/or personal, rather than the other party's. It's supposed to cut down on litigation. I imagine it's quite different in FL though.

Sorry to hear about your brother. That sounds awful.

[Tobra]

He can go after medical expenses and loss of wages. If he is self employed he will definitely get boned on the loss of wages part.

[Arizona_928]

Keep hassling the insurance to pay for the bike, after a couple months they will pay the whole thing off. Insurance are cheap sobs, they don't care about anything but saving $$. Also helps if he had gap insurance.

I lost my military career in my motorcycle accident, and I received nothing. Lady didn't have enough insurance to cover the medical. Hopefully he turns out better. If he does get money it'll take years.

If he doesn't have a car, try starting a car fund? Subtle hints to not ride are also appropriate.

[Chocaholic]

Did she fall asleep, or was she using her phone/texting, etc? Falling asleep just seems contrived to cover up much worse behavior. I believe her phone/text records can be evaluated to verify. Not sure how that would play into a settlement, but certainly worth discussing with his lawyer.

[mikester]

Apparently she was truly asleep and didn't even wake up when she hit him - not until she hit something else did she wake up is what I'm told but that's 3rd or 4th hand information from my perspective.

[Oh Haha]

No advice to give but best wishes to your brother for a full recovery.

[Noah930]

Best wishes to your brother in his recovery.

[greglepore]

No fault in states that I know of means med pay lost wages from your own policy. Pain and suffering and excess medical/wageloss from the party at fault to their limit, then to your own um/uim policy. He should be in touch with a good PI atty...

[dennis in se pa]

Sorry to hear. Good luck to your brother. That's tough.

[ckelly78z]

I really hope your brother keeps his head up and has a good attitude throughout his ordeal. Hopefully, the lady who hit your brother has more than state minimum coverage, which only covers maybe $25,000 for medical, and $25,000 for pain/suffering......hardly enough to cover the first days in the hospital, let alone the multiple surgeries, and rehab. Getting into an accident like that is a fife changing event, and the compensation never seems adequate.

3 years ago, someone ran a stop sign into the side of my 944 (both of us doing 60 mph). 5.5 months off work, intense pain for weeks, learning to walk again, a whole Summer of non-activity (wife had to pick up slack), and a lingering limp and ache in my new pelvis. This guy had state minimum coverage, but luckily, my insurance really stepped up and paid off the medical bills, the lawyer, and me.

[creaturecat]

this is one of those cases where you have to be thankful, in spite of the situation.
a lot of motorcyclists die from this sort of thing.
best wishes regarding a speedy recovery for your brother.

[mikester]

Originally Posted by AZ_porschekid

Keep hassling the insurance to pay for the bike, after a couple months they will pay the whole thing off. Insurance are cheap sobs, they don't care about anything but saving $$. Also helps if he had gap insurance.

I lost my military career in my motorcycle accident, and I received nothing. Lady didn't have enough insurance to cover the medical. Hopefully he turns out better. If he does get money it'll take years.

If he doesn't have a car, try starting a car fund? Subtle hints to not ride are also appropriate.

He has a car (truck) but he won't be driving anytime soon. Leg has to be kept clear of weight for a long time.

[mikester]

Ugh, messed up few days. Skin grafts on his leg. Using leeches to promote blood flow. Nurses are grossed out so I've had to do it for them. Kind of freaks the bro out too, almost said 'get a boat next time.'

[Noah930]

LeechesUSA. I see their ads in the Hand Journal, but have never called that 800-number before.

[recycled sixtie]

So sorry to hear about your brother. I cannot imagine the pain and discomfort he is in.
Guy

[Arizona_928]

Any external fixation?

It might be an option to mention short term disability until he is fully healed, and able to go back to work...

[mikester]

He has std already in play, I've been helping him with his affairs and that was one of the first things I helped him get documentation for.

The leeches are pretty interesting and it's quite funny watching these unflinching nurses squirm at the idea of using a gloved hand on them instead of forceps or tweezers. Bro too, the super fisherman....

[Arizona_928]

You're a good brother. The support is the most important IMHO