Hi Craig,
As a psychotherapist, hypnotist & life long mc rider, I'd like to pass along some info. Long after physical wounds have healed, psychological wounds can linger. Post Traumatic Stress Disorder (PTSD) is usually the aftermath of any trauma, including bike accidents. The newest & best research shows that hypnosis & medications such as a sedative are the best techniques available. Sedatives can be requested from your gp doctor. Hypnosis can in many cases actually cure PTSD. It's better than traditional therapy for PTSD. Eventually many folks can get off the sedatives because hypnosis does work so well. Also, you may want to keep a record of your treatments to give to a lawyer to use to help with your legal case. To do this, you should ask your doc. & hypnotist if you can sign a "release of info" about your symptoms & treatment.
Best wishes!!
Brenda

Hi, Craig:

I see there was a post offering psychological info.
I am an attorney and can offer some legal info.

I am not up on Floridal laws since I practice in California, but there may be similar laws in your state.

First off, "Yes" you are entitled to something... but the Statute of Limitations may have run out. Here in California the Statute of Limitations for personal injury claims was one year, but recent legistlation extended it to two years. That means a law suit must be filed within that period of time. The owner of the car the lady was driving is liable for your damages up to a Statutory Limit (if it was being used with her permission). Here in California that limit is $5,000.00 for propety damage and $15,000.00 for personal injury. (Property damage has a three year Statute of Limitations.) If you make a timely claim you are entitled to the full cost of your medical bills as well as for your pain and suffering and loss of earnings, if any, up to the $15,000.00. But under certain circumstances the insurance company can be held liable even for MORE than the amount of insurance. To accomplish that you must make a "Policy Limits Demand" on them. Then, if they don't pay that full sum their liability in that regard is to their own insured for any excess once you get a judgment against their insured. At that time their insured can then shift the liability they have to you over to to their insurance company (for not protecting them by paying out the full policy limits). That is done by them assigning their claim against their insurance company over to you.

There is also the possibility of actually holding the vehicle owner liable for more than the statutory limits. That depends on why the lady who hit you was driving the owner's car. If she was running some sort of errand for the owner of the car, then she is considered the agent of the owner and instead of the owner being liable for loaning out the car, the owner becomes liable just as if the owner was driving it, and that means open liability for all of your damages without any limit.

And there is still one more possible way to hold the owner liable for all your damages over the statutory limit and that would relate to the owner's direct negligence in allowing the person to drive the car. That would depend on whether or not the owner knew the person was an unsafe driver.

Last of all, you mentioned you were not wearing a helmet and that causes me to wonder if you are aware of some sort of Florida law that limits your rights when you don't wear a helmet. Here in California, if a person contributes to their own injury in some way, then their right to recover is not totally barred but it is limited by the percentage of fault attributed to them.

I hope the above is of some help.

Bob Rentzer

Bob, above, has the right advice, I think. In FL, "Limited" insurance has nothing to do with it. My wife and I went through a similar situation in FL (but involving a car) and ther attorney was able to get ALL the medical covered AND the car repairs, from a drunk with some chop-shop BS insurance. We even got the satisfaction of watching two State Troopers kick the crap out of him when he decided to fight them.

Get a lawyer, dude. At least go see one. Or two. If you're near Sarasota/Bradenton I know a bulldog of a lawyer, otherwise let your fingers do the walkin'. Email me if I can give you some info.

Good luck.