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100% not at fault motorcycle accident. Please help, really scared!

Phoenix, AZ |

I was stopped at a red light on my motorcycle waiting for it to turn green. A pick-up decided not to stop, rear-ended me, totalled my bike. I've been seen at urgent care, ER (10K just for the ER), physiologists, ortho surgeons, neuro surgeons, and neurologists. My dx so far per physician, MRI, CT, etc. Stage 3 concussion, C spine from C5-C7 acute damage including reversing the curvature of my C spine, lacerated discs, bulging discs, etc. I've had a C spine block, occipital nerve block, out of work for min 6-8 weeks (77k salary) so far. My C spine will need neuro surgery eventually. Between the guy who hit me and the UIM on my bike and truck doesn't even cover med bills, let alone PT, time out of work, hate to say pain and suffering but it hurts, now on FMLA. What do I do, please help!

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Attorney answers 7


Its possible that you may have other insurance coverages besides your motorcycle coverage that will add to the amount of coverage you already know about. It is also possible to negotiate with your medical providers in an attempt to reduce your medical bills. Feel free to call 480-332-8024 and I will be happy to answer your questions.



Thank you to everyone for your answers. The thing is even after subrogation assuming I am able to get my medical bills lets say cut down by 50%, I will still be 50+K in debt from my med bills. And again this doesn't even cover lost wages (I should have clarified I am salaried at 77K/year), I am not allowed to drive so I had to fly a family member to stay with me, I am basically restricted to being in my bed, and I've got no way to get to physical therapy once I am cleared because I can't drive and my family member could only stay for about 10 days. I am on enough narcotics to control the pain that it would kill a horse and the opthamologist said as my brain heals my vision would return (He assessed the concussion caused my eyes to age 15 years). Again this is only the findings so far, the remainder of my back issues have been put on hold due to the injury in my cervical spine. So I am on FMLA and burning up my PTO and EIB, after that there's nothing. My mortgage company doesn't want to work with me either. The motorcycle was/is insured through Progressive and my Hummer is insured through SafeAuto both of which have underinsured coverage on them but again if I am to settle (when the time is right) I will still be in the hole closer to the 100+k range after subrogation assuming 50% of the bills are forgiven. Then when it comes time to fuse my neck I will have to pay for that also which I've got no clue what a C-Spine fusion costs. I've spent my life on motorcycles, sky diving, hiking, the gym, 10 years of college lets just say I am very very active I am 32. Now I can't do any of those things. The neuro surgeon said with in 5 years I will need surgery if I live conservatively once I can move again. I find it very hard to process the guy who ran in to me is going to get off with an insurance premium hike and I am going to spend the rest of my life paying off medical bills. Especially when this was not an accident in my eyes, this was straight negligence on his part.


You really need to contact a personal attorney in your community. Check the AVVO site for lawyers in the Phoenix area. The lawyer can review all issues and share the best options.



Thank you Kevin. Frustration has gotten the best of me! After busting your butt for so many years to get everything in order and then one person having the ability to diminish/relinquish everything you have worked so hard for has really frustrated me. I am thankful I was totally geared up and am not dead. He hit me hard enough that it broke the back brace on my riding gear. So I should be thankful I am not paralyzied. My neighbor is an attorney so him and I have talked quite a bit although he specializes in marriage issues. But he has given me the low-down on what to expect. He has also started looking into the assets of the guy who hit me as it's nearly certain his insurance isn't going to be even close. I also work in healthcare and understand the severity/gravity of the issues I've got going on right now. It seems to me that after going through this, unless you have a ton of $ in assets, that it is more important to carry very high amounts of under insured or uninsured motorist coverage versus high comp/collision insurance. I'm just venting, thank you for your feedback and your suggestions which I will and have done to a degree. It still just baffles me that every month you, I, and many other Americans pay a premium and deductibles for our health insurance but then when you get hurt instead of the insurance company wanting to help and having a bit of empathy for all you have been through they want to be leaches and put liens on anything you could recover. Now if they could put a lien on anything after the party who wasn't at fault after I am reimbursed for my lost time at work, future medical bills, my towing fees, my pain and suffering, etc then I would understand them getting whatever is left, if anything. Because I would give anything in the world to go back to that day and would have drove home an entirely different way. Oh the American way...


I concur with the other 2 gentlemen who have answered so far. You definitely need to contact a competent injury attorney to be advised of your legal options available. Besides past medical bills, it appears you have a substantial lost wage claim as well, and will require future medical care. You likely will have liens against your settlement which an experienced attorney can help you reduce, putting more of your result in your own pocket.


A personal injury lawyer may be able to uncover more insurance, thus, contact one asap.

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Find a lawyer to represent your rights. This is a case of negligence against the pickup truck driver and owner that most expereinced lawyers will be willing to handle for you on a contingency fee basis, meaning no lawyer fee unless money is successfully recovered for you.


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You need to contact a personal injury attorney to discuss the specifics of your case. There may be (or their may not be) additional insurance coverage that could apply, or their could be other individuals or entities that might also be liable for damage.

Good luck and contact an attorney soon to discuss.

This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210

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