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In a Motorcycle Accident, Questions

 
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InDaGu



Joined: 28 Jun 2010
Location: Cebu City, Philippines

PostPosted: Fri Jul 09, 2010 9:31 pm    Post subject: In a Motorcycle Accident, Questions Reply with quote

Please forgive me if my English isn't perfect here, because i still have a concussion.
Was in an accident yesterday, a taxi cut me off and immediately stopped to pick up a passenger. I tried my best to stop, but layed it down. Got some pretty good road rash, a separated shoulder, and the aforementioned concussion.
Anyway, the the rep from the taxi company came and said they would take care of my medical expenses. Problem is, I found out afer my MRI today that I have a break in my shoulder socket, and will need surgery. Obviously this is something that is going to cause me to miss work. My question is, am I entitled to be compensated for missing work? The subject was not brought up when they were present yesterday, but I had a concussion at the time and did not know I would need surgery.
Any advice is appreciated.
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Leslie Cheswyck



Joined: 31 May 2003
Location: University of Western Chile

PostPosted: Fri Jul 09, 2010 9:48 pm    Post subject: Reply with quote

Did you sign anything?

If not, then your options are are still open.

Not an expert here, but that is the general pattern.
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InDaGu



Joined: 28 Jun 2010
Location: Cebu City, Philippines

PostPosted: Sat Jul 10, 2010 1:59 am    Post subject: Reply with quote

Thanks for the reply, but my question isn't so much about whether the book is closed on what they will do, but whether being compensated for missing work is common practice and something I should strongly pursue.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jul 10, 2010 2:11 am    Post subject: Reply with quote

InDaGu wrote:
Thanks for the reply, but my question isn't so much about whether the book is closed on what they will do, but whether being compensated for missing work is common practice and something I should strongly pursue.


You are entitled to all out-of-pocket expenses and that includes lost wages.

Compensation for "pain and suffering" and punitive damages are another matter and should be discussed with proper legal counsel but don't expect to get much - this isn't the Litigious states of America.

.
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InDaGu



Joined: 28 Jun 2010
Location: Cebu City, Philippines

PostPosted: Sat Jul 10, 2010 2:41 am    Post subject: Reply with quote

ttompatz wrote:
InDaGu wrote:
Thanks for the reply, but my question isn't so much about whether the book is closed on what they will do, but whether being compensated for missing work is common practice and something I should strongly pursue.


You are entitled to all out-of-pocket expenses and that includes lost wages.

Compensation for "pain and suffering" and punitive damages are another matter and should be discussed with proper legal counsel but don't expect to get much - this isn't the Litigious states of America.

.

Thanks for the info. I'm not trying to get rich off of this, just want to make sure it isn't going to cost me money for something the taxi driver accepted full responsibility for.
I'd also like to point out that as much as taxi drivers here are usually a thorn in my side, this guy was great in how he handled the situation. He immediately jumped out of the car, pulled my bike off me, and practically carried me inside the clinic (this luckily happened right in front of an orthopedic clinic). He then stayed with me the entire time and never denied any details of the incident.
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Sat Jul 10, 2010 4:02 am    Post subject: Reply with quote

You have to sort of open up negotiations with the insurance company.

Never accept their first offer. They will try to lowball you.

The longer you stay in the hospital, the more you get.
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Joe Boxer



Joined: 25 Dec 2007
Location: Bundang, South Korea

PostPosted: Sat Jul 10, 2010 8:00 am    Post subject: Reply with quote

BoholDiver wrote:
You have to sort of open up negotiations with the insurance company.

Never accept their first offer. They will try to lowball you.

The longer you stay in the hospital, the more you get.

Technically, it's not how long you stay in the hospital, it's how long the doctor recommends you stay in the hospital.
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IlIlNine



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

PostPosted: Sat Jul 10, 2010 3:22 pm    Post subject: Reply with quote

Joe Boxer wrote:
BoholDiver wrote:
You have to sort of open up negotiations with the insurance company.

Never accept their first offer. They will try to lowball you.

The longer you stay in the hospital, the more you get.

Technically, it's not how long you stay in the hospital, it's how long the doctor recommends you stay in the hospital.


... but then you actually have to stay (during the day, at least) because the insurance companies sometimes drop by unexpectedly.

Also, when Joe Boxer says don't agree to the first offer, I will go ahead and suggest that you don't agree until, and I hope you will take this to heart:

ALL POSSIBLE CONSEQUENCES OF THIS ACCIDENT HAVE BEEN SORTED OUT.

This will mean that you will probably reject a lot of their offers. This will mean that every time they call you, you have to tell them that you're still in pain and your bike isn't fixed, and ... (etc etc)

I've seen a few foreigners here who don't want to rock the boat accept some of the insurance companies first offers, only to find out that their bikes/cars weren't fixed to their satisfaction or they develop health problems later (of their existing ones don't go away as expected, etc) all of which required some serious out-of-pocket expenses. Please, for your sake, don't make this same mistake - once you sign off, you're not getting a penny more.

There are also hospitals that specialize in auto/motorbike accidents, and you would have done well to find one and seek their advice. They are usually a bit more understanding about the 'pain and suffering' one experiences after an accident and are willing to extend your hospital stay accordingly.
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jrwhite82



Joined: 22 May 2010

PostPosted: Sat Jul 10, 2010 5:47 pm    Post subject: Reply with quote

Will your employer or coteacher provide you with any guidance on how to handle this properly so you don't get screwed over?

Does the insurance rep speak English or are you fluent in Korea? That is something I would be awfully concerned about if I was there alone.
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goesslry



Joined: 19 Jun 2007

PostPosted: Sat Jul 10, 2010 6:05 pm    Post subject: Reply with quote

I was in a very severe motorcycle accident on June 2, which left me hospitalized for a month. this is what happens:

The insurance companies should have come (along with the cop), to assess the situation and find fault. If he pulled out in front of you, my guess is it would be 80/20, since it seems there is always some fault on both parties. This means that you will be responsible for 20% of your bike, and them 80%. However, since they were the main fault, they will pay all your medical expenses, including lost wages. The important thing is to make sure the insurance company gets involved formally, otherwise you are pretty much out of luck. They will take your average wages over the last two years, and that is what you will be paid.

Take your time with the negotiation with the insurance company, and don't sign anything right away. Your best option will be to get a lawyer when you are out of the hospital and mostly healed. the insurance company will rape you for every penny they can. I am dealing with Samsung Insurance right now,and am finding that to be the case (I have a friend that works for Samsung Insurance that told me all the stuff they are trying to get out of). Best thing, get a lawyer.


edit: also, you will have to pay some hospital expenses that insurance won't cover (some things that surgeons use in surgery, etc, pain killers, etc), because the government here has labeled things that insurance companies aren't responsible for. My month in the hospital costed me about 400,000 won, and the insurance company 8,000,000, but I also had a ton of opiates since my leg was shattered. Be prepared to pay a little bit.

edit 2: if you want to talk about it, send me a PM. will be happy to walk you through it. my korean is quite good, and my wife is korean.
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v88



Joined: 28 Feb 2010
Location: here

PostPosted: Sat Jul 10, 2010 9:17 pm    Post subject: Reply with quote

IlIlNine wrote:

I've seen a few foreigners here who don't want to rock the boat accept some of the insurance companies first offers, only to find out that their bikes/cars weren't fixed to their satisfaction or they develop health problems later (of their existing ones don't go away as expected, etc) all of which required some serious out-of-pocket expenses. Please, for your sake, don't make this same mistake - once you sign off, you're not getting a penny more.


I would agree with this. I was being quoted silly amounts of money by the insurance agent but then when I talked to my shop they were doing the bare minimum. I had to constantly call them and ask for more to be done. It wasn't too much of a hassle, if I asked, it would get done.

As far as my health went, I visited the hospital and agreed that I was in pretty good condition and didn't need to stay. The bill was paid but later on I found them being very sticky about paying for anything else. I just wanted to have a last check up because the pain lasted longer than I thought it should but because I hadn't stayed in the hospital and played it up they accused me of faking...silly really, I just wanted a final check up. As it was I wasn't badly hurt, but really got nothing for my week of pain because I didn't do things the Korean way. In your case, get yourself sorted out and do not agree to settle until you are sure you are good to go or they will not help you out if you find you need more physio and what not down the road.

If you try to be nice about it you will not get what you deserve.
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drk76



Joined: 15 Dec 2009
Location: Seoul

PostPosted: Mon Jul 12, 2010 1:31 am    Post subject: Minor Accident Reply with quote

I got in a minor accident 4 months ago. It left me with a sore back and a badly sprained ankle that that still bothers me now. I've gone to the doctor a lot mostly for my ankle.

At first they just tried to offer to pay my 1 medical visit and the scooter damage. After rejecting about 5 times I've got them up to totally fixing my scooter, ongoing medical, and 800,000 for my trouble. I've gone to the doctor 6 times, had an MRI, walking cast, now I'm going for acupuncture this week. EVEN IF THEY CALL YOU EVERY DAY tell them you are in pain and not to call for a month. They'll try to annoy you and make you want to just get them off your back. They'd call me 3 times a day if I didn't answer and even on weekends.

My questions:

-Actually the MRI showed that the ankle injury could have been there before. But I had no serious problems until after the accident. Do you think I should take the money before they look into it more?

-And has anyone got more than 800,000 for a non hospital stay. I heard 800,000 is max for a non-hospital and no broken bones accident.
I'd like to get the 800,000 for my 4 months of pain. 120,000 for the day I missed work. And another 200,000 for taxis and medication I paid out of my own pocket. So in the end I'm hoping for 1-1.2 million. Impossible?

-Also they've gone from calling almost every day, to now not calling at all for the last 2-3 months. They didn't call even after my MRI and various check ups recently. Good or bad sign??
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drk76



Joined: 15 Dec 2009
Location: Seoul

PostPosted: Mon Jul 12, 2010 1:34 am    Post subject: Minor Accident Reply with quote

I got in a minor accident 4 months ago. It left me with a sore back and a badly sprained ankle that that still bothers me now. I've gone to the doctor a lot mostly for my ankle.

At first LIG just tried to offer to pay my 1 medical visit and the scooter damage. After rejecting about 5 times I've got them up to totally fixing my scooter, ongoing medical, and 800,000 for my trouble. I've gone to the doctor 6 times, had an MRI, walking cast, now I'm going for acupuncture this week. EVEN IF THEY CALL YOU EVERY DAY tell them you are in pain and not to call for a month. They'll try to annoy you and make you want to just get them off your back. They'd call me 3 times a day if I didn't answer and even on weekends.

My questions:

-Actually the MRI showed that the ankle injury could have been there before. But I had no serious problems until after the accident. Do you think I should take the money before they look into it more?

-And has anyone got more than 800,000 for a non hospital stay. I heard 800,000 is max for a non-hospital and no broken bones accident.
I'd like to get the 800,000 for my 4 months of pain. 120,000 for the day I missed work. And another 200,000 for taxis and medication I paid out of my own pocket. So in the end I'm hoping for 1-1.2 million. Impossible?

-Also they've gone from calling almost every day, to now not calling at all for the last 2-3 months. They didn't call even after my MRI and various check ups recently. Good or bad sign??
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