Ok, so, it's just about exactly six months since my misadventure with the red prius of doom...
I've been doing PT for a couple of months now, focusing on restoring range of motion to the shoulder. In that regard, I'm probably at about 70%. Reaching up, or behind me (think back pocket), still not possible. I've gotten to the point where I can touch my left shoulder with my right hand, shave with my right hand, and wash my hair like a normal human. I can also drive with both hands on the wheel (I was using a spin knob and driving with one hand for the first few months).
There is still a lot of stiffness from the rotator cuff incision, and it's likely to not get much better, other than building up more endurance and strength.
The good news is, I was finally able to ride my bike a little bit yesterday. It's cold and wet and dark here (Seattle winter), so my rides are indoor trainer rides only. But hey, at least I'm getting some exercise again. It feels damn good.
I did about 30 minutes yesterday at about 60% effort, and today I did 45 minutes with a 20 minute FTP (Functional Threshold Power) test. I was pretty happy with 208 watts over 20 minutes, considering it's been six months since I've pedaled a bike, and the highest FTP I've ever had is 275. My goal is to build up some strength and endurance so when the sun comes back up this spring, I'll feel comfortable riding outdoors again.
As far as insurance, etc... Well...
The driver of the Prius is a single mother, recent immigrant, leasing the car, renting, no assets to speak of, and only had a very minimal amount of insurance. In fact, her insurance didn't even cover the emergency room and surgery consults. It ran out before I even got around to sending the $150k bill for the six hour surgery itself.
My under insured motorist (Auto Policy) helped cover some of the PT cost my employer health plan wouldn't cover, but ultimately, they (United Health Care) ended up paying most of the medical bills. What they didn't cover was forwarded to my insurance (until my UIM ran out), and then to TriCare (my retired military plan). Washington is an ERISA state. I won't go into the gory details. It just means that United Health Care can go after her and her insurance company if they want to sue for compensation (since it was her fault). I have no idea if that will happen.
I ended up not having any out of pocket expenses.
I consulted a local lawyer named John Duggan, who is the most prominent PI lawyer in town who specializes in cycling stuff. His fee is 33% of whatever he recovers from the defendant, which in this case, will be zero.
After doing a basic background check on the driver, he suggested that despite the fact that she and her insurance admitted fault, there wasn't enough insurance coverage, or personal assets to warrant a lawsuit. I would have had no qualms about suing her insurance company if the coverage was there, but I wasn't really interested in ruining this womans life for a few hundred thousand dollars (that she didn't have anyway).
The end result is I'm at about 70% functional use of my right shoulder, and no out of pocket expenses (due mostly to my own medical coverage), but there will be no other compensation (no being 'made whole' as John Duggan put it).
I did manage to get about $4500 in property coverage out of her insurance to replace my bike, helmet, kit, and sunglasses.
Lessons Learned? ** If you are going to get hit by a car, be sure to get hit by someone with lots of assets, and lots of insurance. Avoid being hit by someone living paycheck to paycheck with little or no insurance.
** Stop and conduct an interview with every vehicle operator whose path you intend to cross. Be sure to ask if they mind if you ride in front of them, and get their response in writing, with a signature. Be sure to record the conversation.
** When considering how much insurance coverage to have, don't bother considering the people you may injure. Just make sure you have enough coverage to cover whatever assets you have. If you don't have anything a lawyer can take away, just get minimum coverage.
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