A retired police officer, Pat, was on his motorcycle traveling southbound approaching an intersection in the parking lot of 21501 State Road 54. This is in Land O Lakes, Pasco County, Florida.
A photo of his motorcycle is below.
A diagram of the accident scene is below.
Roy was driving a car and was traveling north in the same parking lot approaching the same intersection.
He turned left into Pat’s direct path. To avoid the collision, Pat laid his “bike” down on its left side.
Before the Florida Highway Patrol Trooper arrived on the scene, the vehicles were moved.
The trooper said that he didn’t give anyone a ticket because:
- the crash occurred in a private parking lot, and
- there were no official traffic control signs
A diagram of the accident scene is below.
He Was Diagnosed With a Broken Collarbone
He was taken by ambulance from the accident scene to the hospital. Below is a photo that was taken of Pat’s injuries.
He had bruising in his collarbone area, and below his armpit.
At the hospital, he was diagnosed with a collarbone (clavicle) comminuted fracture. (The actual x-ray is at the top of the article.)
Pat did not need surgery to fix his broken collarbone. Shortly after the accident, Pat hired a motorcycle accident lawyer (me).
He went to a few visits with his orthopedic doctor. Pat attended physical therapy to help his shoulder’s range of motion.
His clavicle has since healed. He now feels great.
Didn’t Need a Permanent Injury To Get Money for Pain and Suffering
Travelers Insured the Driver With $50,000 in Bodily Injury Liability Insurance
Travelers Insurance Company insured the driver of the car. Heather Dawson handled the claim for Travelers.
I sent Travelers a financial affidavit for their insured to complete. We explained to her that we would be sending a request for a disclosure of financial documents.
We told her to let her insured know about Travelers’ duty to act in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for his interests.
I also told her to let her insured know if Travelers will pay for any damages above his BI liability policy limits. (The answer is No.)
Travelers Paid $50,000 to Settle Within 38 Days of Crash
Travelers paid the $50,000 per person BI liability insurance limits to settle Pat’s personal injury claim. I think that this is a fair payout based on the facts of this case.
We paid $4,100 back to his health insurance for payments that they made to the hospital and medical providers. We also had to pay an orthopedic doctor’s office a little under $400.
Travelers paid within 38 days of the crash.
What would’ve happened if the other driver would’ve had State Farm Insurance instead of Travelers. I don’t know if State Farm would’ve paid the $50,000 BIL insurance limits before a lawsuit. State Farm is pretty cheap when it comes to paying injury claims. So is Progressive.
Pat’s Motorcycle Didn’t Have Uninsured Motorist Insurance
Pat didn’t have uninsured motorist (UM) insurance on his motorcycle. If it did, we may have been able to make a underinsured motorist claim with that insurance.
At the time of the crash, Pat owned multiple cars insured USAA. However, none of them had stacking uninsured motorist insurance. Thus, he wasn’t able to make a claim through the UM insurance of his personal vehicles.
He Could’ve Made a Claim with His Child’s UIM Insurance
Pat’s daughter owned a car that had stacking uninsured motorist insurance. Since she was Pat’s resident relative, and she had stacking UIM insurance, Pat could have made a claim with the GEICO UIM coverage.
This is true even though Pat owned the motorcycle, and didn’t have uninsured motorist insurance on it.
What Would’ve Happened if the Motorcycle Rider Would’ve Been Hit By An Uber or Lyft?
The settlement would have been similar if the motorcycle rider would’ve been hit by an Uber or Lyft.
This is because the Uber or Lyft would’ve had at least $50,000 in BIL insurance. That would’ve been the insurance limit if the Uber was not engaged in a ride. This assumes that the Uber driver would’ve had the app on. Lyft has the same insurance limit.
If the Uber or Lyft was engaged in a ride, there would’ve been $1 million in BIL insurance available. However, a clavicle fracture (without surgery) isn’t worth $1 million.
Or anyone close to it. Unless you’re Lebron James. Or someone else who earns millions a year with their body.
This is just one of my many motorcycle accident settlements.
Pat Gave Us a 5 Star Review
Here is what Pat wrote on Avvo.
Mostly I want to thank Mr. Ziegler for his affectionate guidance, for his understanding, his interest in me and his belief that I was worth being his client.Mr. Ziegler had a streamline method of collecting the necessary data and keeping me organized and on the right schedule. I can’t say enough how grateful I am for Justin Ziegler’s services.His team ( Jenny Garcia ) made the whole process very easy to understand and manage. Jenny, who I had a chance to speak and work with was just a joy and always very helpful.Mr. Ziegler and his staff always treated me with great respect and always on top of things. I would highly recommend his services to all who are contemplating about an injury attorney.
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