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Hit by a car while cycling
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kardisa



Joined: 26 Jun 2009
Location: Masan

PostPosted: Mon Nov 07, 2011 2:27 am    Post subject: Hit by a car while cycling Reply with quote

Hi all,

I'm in a bit of a crap situation was wondering if anyone could give me some advice on what to do.

On Friday night, my friend and I were hit by a minivan while cycling. We were riding single file on the side of the street when the driver suddenly decided to turn right. The van hit my friend and I was tangled up in his and my bike in the process.

When I tried to stand up, I realized that I couldn't put any weight on my leg. The decision was made right then to take me to the nearest hospital. The driver who hit us drove us there and stayed as I was diagnosed with a broken knee and my friend with a sprained shoulder. The ER doctors where made aware of what happened and I had a couple of my friends come in to help with translation. We obtained all of the person's information and were told that his insurance company would contact us. In the meantime, a tab was started in his name for all of our medical expenses. I should mention that the police were not called, as we were too busy receiving medical care to think of that at the time.

As of today, I am still in the hospital and will hopefully be allowed to leave later this week with a full leg cast. It will take approximately 6 weeks for my leg to heal and then another couple of months of rehab before I can start running or cycling again. Both bikes had minor damage, but can be repaired for about 100,000 won each. In addition, I will end up missing at least 3 days of work, possibly more.

Now for my dilemma: The insurance company called my boss today and offered the following compensation: 100% of medical care for both my friend and I, a set sum of money for the two bikes (I think it was 250,000) and 80% of the cost of my work absences. Now, I consider myself a fair person and I'm not trying to rip the guy off, but that seems like a bit of a lowball figure considering the fact that I'm going to be on crutches for the next month and a half and have basically had to put a hold on my hobbies (scuba, running, cycling) for the next few months. Is this unreasonable of me? I'm thinking more along the lines of 100% of my work absences and medical, 250,000 for the bikes and an additional payment to cover future rehab (500,000? I have no idea how much it's going to cost tbh).

If anyone has been in this or a similar situation and can offer advice on how to deal with the insurance company, I would greatly appreciate any insight you can provide.
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IlIlNine



Joined: 15 Jun 2005
Location: Gunpo, Gyonggi, SoKo

PostPosted: Mon Nov 07, 2011 3:01 am    Post subject: Reply with quote

Im on my movile so Ill keep this short.

-Hold out on agreeing to anything. Wait as long as you can... The longer you hold out the more you get.

-Dont say to anyone that you feel fine or are ok or anything of the sort. You arent. These kinds of injuries can easily have very long term effects.

-Tell them you want to consult with a lawyer before agreeing to anything.

-Stay in the hospital as long as you possibly can.

Deviate from my advice at your loss!
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dancockrell



Joined: 31 Oct 2011

PostPosted: Mon Nov 07, 2011 3:04 am    Post subject: Reply with quote

Hi. Sorry it happened to you. I ride a bike everyday and managed to break my arm this summer when someone hit me. About 10 years ago I was riding a bike and got hit by a car and hurt my lower back. It still hurts, and it's one of those things I wish had never happened.

The insurance company is always going to try to lowball. They will also want proof of any expenses. They generally will negotiate with you, though.

That being said, the settlement they offered was actually pretty decent. My main concern would be that in the future your knee is very likely to have problems, and there is no way to predict that right now. Your friend's sprained shoulder is probably even more likely to have future problems. 500,000 won won't even put a dent in those kinds of major bills.

Sometimes, though, life just sucks. We don't always get fully compensated for the bad things that happen to us...and I think, unfortunately, that you probably won't get fully compensated for a lifetime of knee pain and loss of full mobility.

Try to negotiate the best settlement you can, and then, at some point, you just have to accept it. It won't ever be enough for what happened.
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radcon



Joined: 23 May 2011

PostPosted: Mon Nov 07, 2011 3:19 am    Post subject: Reply with quote

I think you can get a lot more than you were offered.
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saram_



Joined: 13 May 2008

PostPosted: Mon Nov 07, 2011 3:20 am    Post subject: Reply with quote

Sorry to hear about the unfortunate accident..

To me the amount that will be paid to you sounds quite reasonable..
I presume the 100% medical care includes rehab costs..
80% of your work pay is not as great though!

It seems, like you'd like some extra money to deal with your stress, and possible future complications depending on the severity of the injury etc.
I think a court case etc would be needed for that.
I would ask for a little more from the insurance company in question but I wouldnt expect too much more..
Seems like everything has been dealt with quickly though and you are in reasonable good position overall.. considering!

Many accidents here in Korea involving foreigners etc leave people with huge bills and debts!
Not a good day Friday.
An expat guy was killed here in a hit and run accident then Sad

Best of luck in your recovery and I hope you are satisfied with what you get back in the end!
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kardisa



Joined: 26 Jun 2009
Location: Masan

PostPosted: Mon Nov 07, 2011 3:22 am    Post subject: Reply with quote

IlIlNine wrote:

-Stay in the hospital as long as you possibly can.

This was my original line of thought, but I work at a hagwon and my boss is already a bit peeved that I'll be missing work this week. The doctors want to keep me here for another 2 weeks, but I honestly don't think it's risking my job over the extra time. Not to mention the fact that a Korean hospital isn't exactly the most wonderful place to be. Smile
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kardisa



Joined: 26 Jun 2009
Location: Masan

PostPosted: Mon Nov 07, 2011 3:26 am    Post subject: Reply with quote

saram_ wrote:
Sorry to hear about the unfortunate accident..

To me the amount that will be paid to you sounds quite reasonable..
I presume the 100% medical care includes rehab costs..
80% of your work pay is not as great though!

It seems, like you'd like some extra money to deal with your stress, and possible future complications depending on the severity of the injury etc.
I think a court case etc would be needed for that.
I would ask for a little more from the insurance company in question but I wouldnt expect too much more..
Seems like everything has been dealt with quickly though and you are in reasonable good position overall.. considering!

Many accidents here in Korea involving foreigners etc leave people with huge bills and debts!
Not a good day Friday.
An expat guy was killed here in a hit and run accident then Sad

Best of luck in your recovery and I hope you are satisfied with what you get back in the end!


Good points, and you're right, I suppose I do want a bit extra for the stress. I also realize the situation could be much worse.

One thing I'd like to point out though: The 100% medical coverage they're offering would only cover me up to the time I leave the hospital. I would be responsible for rehab and any future complications (knees can be wicked difficult to heal).
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Pa Jan Jo A Hamnida



Joined: 27 Oct 2006
Location: Not Korea

PostPosted: Mon Nov 07, 2011 5:36 am    Post subject: Reply with quote

Talk to a lawyer with a buddy to translate.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Mon Nov 07, 2011 6:05 am    Post subject: Reply with quote

That does suck. Get more money and say that you are not feeling well, your kneee is still hurting, and being hit like that is serious.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Mon Nov 07, 2011 8:40 am    Post subject: Reply with quote

Couple things

1) People don't do lawyers here. Yes, you can get one. Yes, you can have one negotiate for you. But it's not that common.

2) Being a westerner, you're not going to get what you think you're due. Why? Because while getting your knee looked at in the future back home could potentially cost you tens of thousands or even hundreds of thousands of dollars, it wouldn't cost that here, so they won't pay you that.

3) As others have said, stay in the hospital. It's a big scam, it really is, but that's how stuff works here. If you stay in the hospital, you are sick and need treatment and money. If you go home, you're not sick and you don't need money. In the west, we'd call it insurance fraud. Here, they call it normal. So if you want more, you have to stay in the hospital.

Personally, I'd go for 100% of my costs covered. That means that I get my pay check, AND the school gets money to cover a replacement while you're out. Medical covered, and I'd ask for 1 or 2 years of follow up, or a lump sum payment, depending on what the doctors suggest may be needed.

But that's just my two cents.
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GoldMember



Joined: 24 Oct 2006

PostPosted: Mon Nov 07, 2011 1:51 pm    Post subject: Reply with quote

Years ago I got a decent payout, but the trick is to have a friendly doctor on your side. My doctor wrote a letter saying that I'm going to need treatment 4 times a week for the next six months, and that each treatment costs x amount. Whether this was true or not I'll let you decide. The SOB don't pay out for pain and suffering. This is the only way you can be certain of getting any dosh. Hold out for more, and get that letter.
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zappadelta



Joined: 31 Aug 2004

PostPosted: Mon Nov 07, 2011 3:41 pm    Post subject: Reply with quote

I think the offer is very fair, much better than I was expecting honestly.
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nw25th



Joined: 15 Feb 2009
Location: Daejeon

PostPosted: Mon Nov 07, 2011 3:53 pm    Post subject: Reply with quote

You should be getting all of that plus at LEAST 5 mil....I'd personally go for nothing less than 10mil....
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bekinseki



Joined: 31 Aug 2011
Location: Korea

PostPosted: Mon Nov 07, 2011 4:46 pm    Post subject: Reply with quote

nathanrutledge wrote:

2) Being a westerner, you're not going to get what you think you're due. Why? Because while getting your knee looked at in the future back home could potentially cost you tens of thousands or even hundreds of thousands of dollars, it wouldn't cost that here, so they won't pay you that.


Ouch. You mean for American health care?
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chamank



Joined: 01 Jun 2011

PostPosted: Mon Nov 07, 2011 5:01 pm    Post subject: Re: Hit by a car while cycling Reply with quote

Ouch.

kardisa wrote:
Hi all,

I'm in a bit of a crap situation was wondering if anyone could give me some advice on what to do.

On Friday night, my friend and I were hit by a minivan while cycling. We were riding single file on the side of the street when the driver suddenly decided to turn right. The van hit my friend and I was tangled up in his and my bike in the process.

When I tried to stand up, I realized that I couldn't put any weight on my leg. The decision was made right then to take me to the nearest hospital. The driver who hit us drove us there and stayed as I was diagnosed with a broken knee and my friend with a sprained shoulder. The ER doctors where made aware of what happened and I had a couple of my friends come in to help with translation. We obtained all of the person's information and were told that his insurance company would contact us. In the meantime, a tab was started in his name for all of our medical expenses. I should mention that the police were not called, as we were too busy receiving medical care to think of that at the time.

As of today, I am still in the hospital and will hopefully be allowed to leave later this week with a full leg cast. It will take approximately 6 weeks for my leg to heal and then another couple of months of rehab before I can start running or cycling again. Both bikes had minor damage, but can be repaired for about 100,000 won each. In addition, I will end up missing at least 3 days of work, possibly more.

Now for my dilemma: The insurance company called my boss today and offered the following compensation: 100% of medical care for both my friend and I, a set sum of money for the two bikes (I think it was 250,000) and 80% of the cost of my work absences. Now, I consider myself a fair person and I'm not trying to rip the guy off, but that seems like a bit of a lowball figure considering the fact that I'm going to be on crutches for the next month and a half and have basically had to put a hold on my hobbies (scuba, running, cycling) for the next few months. Is this unreasonable of me? I'm thinking more along the lines of 100% of my work absences and medical, 250,000 for the bikes and an additional payment to cover future rehab (500,000? I have no idea how much it's going to cost tbh).

If anyone has been in this or a similar situation and can offer advice on how to deal with the insurance company, I would greatly appreciate any insight you can provide.
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