Her insurance is already on the hook for the property and hospital bills as it stands now as it was clearly her fault.
If you chose to sue, it would be for future long term problems from the accident which without a very precise diagnosis just ain't gonna happen (torn muscles, broken bones, organ damage, concussion, etc....)
Suing is just designed to "make yourself whole"
You wouldn't get shit for punitive damages against a 90 y/o woman.
If she's 90 she's got no need for money sue here.
Get every cent you can. This person is clearly a menace. Granted we do ride small machines, but if you can't see a moped, you can't see a child in the street either. There comes a time when you are not able to motor safely, and then you should not. Period. This comes at different ages for everyone, but this one has reached the expiration date of her dl. If the police do not take her dl, you should get paid, at the very least for your injuries, they can cause you issues in the future. I can't tell you how many people come to my job and can't see well enough to write a check or sign a cc slip, "I don't have my glasses" and they are not even close to 90...and yet they drive. Scares the shit out of me. I' am grateful you were not hurt worse, mopeds can be replaced/repaired, but if you are hurt it can stay with you for life. No one wants to be a dick to old people, she prob feels like shit, but she has no right to drive if she can't see. It is a loss of freedom, and devastating for sure, but what if she ran you down and paralyzed you? Getting her off the road may well save someones life, even hers. Don't feel bad about getting taken care of, this is what ins is for. She was in the wrong plain and simple. May your next ride go better.
now just saying someone is too old to drive is off a little, i think they should be required to get an exam every year after 76.
my mother drove untill she died. she was 89.
i could actually ride in a car with her driving and not get a nervous tick and try clawing my way out. she held a valid CDL as she originally took her test on a three on the tree delivery truck back in the 40's, and always paid to renew it. she also held a bus endorsement as she was a fill in school bus driver in the 70s
teens and drunks way more dangerous...
sue the ins. co. her rates probly won't even go up.
did she use a whip and tye you down ? Kinky~ !
my aunt was still driving at 102 years old. it was a little red firenza. I remember being stuck behind her and not knowing it was her until i passed her. I was getting sea sick watching her weave left and right at 28 mph. I agree that after 75 a yearly exam is not a bad idea. every time she tried to back into our driveway, she ended up in the middle of the yard. lucky she never maimed anyone to my knowledge.
as a side point, that near miss i had with the 80 year old couple who didn't even stop @ an obscured stop sign, still does not change my opinion.
the hospital informed me today, the disk damage i incurred is potentialy life threatening and that i should consult with a neuro surgeon as soon as possible. they added i could become paralyzed or have permenant impaired motor function as a result.
i really didn't think it was that bad. really, i thought like before, i would shake it off. i had a lot of back injuries from way worse accidents that i have settled out w/ exercise and pain management technques.
I am screwed.
Yes exactly what Jim Rees said. Your not sueing her, your suing her insurance company!
better call saul
I do not believe that you need a lawyer unless she has no insurance. Even then you can always take her to small claims court.
Things to consider:
1. check your state's limits on small claims court. This will help you decide if you need a lawyerr
2. check your state's statues on length of time by which you need to file claims. Property claims and personal injury claims are ususlly different time periods. Do not be in a hurry. If you hurry you will lose benefits.
3. Do not talk to her insurance company!!!!!! They will try to low ball you for sure.
4. Make a file and get all your hospital and doctor's bills together. Keep copies of receipts for bandages etc. It will add up. Keep your old torn up clothes for evidence.
5. Do you have medical insurance? Remember, any money you get from her insurance will be claimed by your medical insurance provider to cover their services and charges.
6. Did the cops come? Get a copy of the police report
7. Take your time, it will all work out in the end.
Brandon Compton Wrote:
-------------------------------------------------------
> Ask this guy for help!
>
> Seriously though, at least you didn't break
> nothing or worse man. Sorry about the free sprit,
> hopefully the engine is fine and can just be
> swaped if the body is to bad to be repaired.
Daniel Skorupka, attorney at law. Habeus corpus, dude.
lmao! I heard he learned his practice from Harvey Birdman!
Pat, sorry to hear about your accident. Assuming you have moped insurance (hopefully through Rider), your insurer will cover all of your medical expenses. Make sure to give your moped insurance information to all health providers that you see related to the accident. Your insurer will then go after her insurance company to recoup your medical expenses. You shouldn't have to pay any out-of-pocket medical expenses.
I would definitely retain an attorney. The attorney will make sure that you receive a fair settlement to compensate you for pain and suffering and future medical issues related to injuries suffered in the crash.
Good luck!
PS....if you need another Puch project to replace the Free Spirit, I have an '85 Puch LX Sport with 5 star mags and a long seat I'm looking to sell. (edited)
Yeah .. just think how bad you'd feel if a 90 year old lady was crossing the street and you ran into her with your ped.
didja hit her back in her 90 y.o. face?
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