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  Topic Review (Newest First)
05-13-2009 02:57 PM
skalding Well, I don't want to get too far afield into legal issues, but I'm an attorney. I do mostly criminal defense, so this area of law isn't something I'm particularly well versed in. And regardless, I can't really advise you about your particular case, not knowing the laws in your state.

In general though, here's a basic way to look at it:

Any claim for damages you have would actually begin against her. This is because she caused the harm. (Other people could have contributed to it as well.)

Now you may have coverage provided by your own insurance company for harms you suffered, and you might make a claim. Similiarly, she may have an agreement with an insurance company to pay certain damages, or for the company to defend her in case a claim is filed against her.

Her insurance company might say there's a "limit" on your recovery - and that might be true in a sense, given whatever her policy might be. But whatever private agreement she has with a company to cover her risk does not mean that you're somehow precluded from getting a recovery that makes you whole. You are entitled to that. Insurance companies often try to pay out the lowest amount they can. Thus they can be very tricky to deal with and will sometimes offer small $ amounts to cover larger harms: $500 for "pain and suffering" available today only, and so forth.

Which is why I'd advise you to talk to a local lawyer - or better, several local lawyers - to make sure you know what your options are.

If you decide not to consult with an attorney, please remember that the insurance companies are biased parties with certain interests. If their offers work for you - great. If not, don't assume you don't have other avenues you can't pursue.
05-13-2009 12:38 PM
slimvulcanrider The PO of my bike was in a simular situation on his bike (Not a VN750 BTW)the day after he brought it home. He bought his bike with the money I gave him for my bike... any ways he had it hooked up from the dealership with new pipes, pegs, bags, sport fairing. H was also caring his PDA, Laptop, and his blackberry. He was wearing brand new leathers, helmet and gloves.... the other guys insurance covered everything to include all the gear, the electronics, and to get his totaled bike put back to brand new again. So in short...yes the person at faults insurance should pay... if not get a good lawyer to fight for you.
05-13-2009 07:36 AM
Old Dog In 1966 I special ordered & bought a 66 Dodge Coronet 426 Hemi the weight was 4,100# the price paid was $4,100, but of course there was more metal in them then...lol...
Have a good one...Old Dog...
05-13-2009 01:16 AM
OlHossCanada
Quote:
Originally Posted by Fire Ant View Post
Like the others, I'm very glad to hear that you're OK. It amazes me how inattentive many drivers are. When you're piloting a 2000+ pound piece of pseudo-steel down the road, it seems so one should devote one's attention to doing that instead of talking on one's cell phone or, especially, sending text messages like so many people do.

Even if the intersection is uncontrolled, the one party has the responsibility to yield the right of way to the party already in the intersection (which it sounds as though you were, since you're the one that got hit). Failure to notice a stop sign isn't an excuse.

--FA
You are far too light in your estimation of weight of a SUV, it is more like #5-6000, not #2,000. We weighed my bro-in-law`s `77 Corvette many years ago and it was between #17-1800, with the fiberglass body. My 1974 Pontiac Astra, (same as a Chevy Vega) was #2300.

It is just a marvel that she wasn`t going any faster when you were hit captain. You must have had your guardian angel on your shoulder.
05-12-2009 11:45 PM
Fire Ant Like the others, I'm very glad to hear that you're OK. It amazes me how inattentive many drivers are. When you're piloting a 2000+ pound piece of pseudo-steel down the road, it seems so one should devote one's attention to doing that instead of talking on one's cell phone or, especially, sending text messages like so many people do.

Even if the intersection is uncontrolled, the one party has the responsibility to yield the right of way to the party already in the intersection (which it sounds as though you were, since you're the one that got hit). Failure to notice a stop sign isn't an excuse.

--FA
05-12-2009 08:29 PM
Jace Bror good point you dont sue the person, you sue the insurance company. You can actually sue your own insurance company. People have done that with homeowner insurance.
05-12-2009 08:04 PM
wib714
Quote:
Originally Posted by Ron_G View Post

I understand that you may not care to take this woman to the cleaners (then again if someone did that to me I would) but make sure you're properly represented.

And that's my 2 cents,

R
remember though, you are not taking her to the cleaners, you are taking her insurance company. her rates will go up anyways no matter how bad they get cleaned it will only go up so much.
05-12-2009 04:28 PM
capt_napalm The speed limit on that road is 25. She told the officer that she didn't even see the stop sign or know that there was one. She saw me and hit her brakes, but up until that point she was going at least 25. I estimated her speed at around 10-15. I was thrown about 10 feet from where the suv came to a stop. All of the cops/paramedics and dr's were amazed that I didn't have more injuries.
05-12-2009 04:11 PM
OlHossCanada So how fast was this gal going when she hit you? When I read the title, about getting grilled, I was sure your injuries were going to be a lot worse than they turned out to be. I `m sorry you had to have this experience, but glad you were not hurt worse than you are. I have broken both my ankles on separate occassions, about 2 1/2 years apart when I was in my early 40s. They took about 2 months to heal up so I could walk properly again. I hope you can heal up quickly too, and can repair or replace your bike and be out riding before I do. I`ve got at least 4 more months recovery, using this new ultrasound bone healing system on my leg.

Wishing you all the best. OlHoss
05-12-2009 03:19 PM
AJCruzin Let me throw in my 2 cents worth, since my buddy (StevenJ) and I are both going thorugh this, but from different angles. First and foremost, glad to hear you are ok, by that I mean not dead, broken bones aside. As far as replacing things, I know that the other person's insurance is required to replace all riding gear, usually on a pro rated basis except the helmet which you should get 100% back on. As far as getting a lawyer, I won't say do or don't, I'll share with you 2 stories. My buddy StevenJ who used to be on here was in an accident last year in July/August (I posted about it). He immediately wnet the route of getting an injury attorney specializing in MC cases. To date he has not yet been compensated for anything, although his last doctor's appointment was in October or thereabouts. The case is still "ongoing" I guess.

On 3/12/09 I had a nice little crash myself (also posted here) resulting in a broken collarbone and broken ribs, totaled bike, yada yada. My insurance company took care of the bike and will recoup the $$ from the other party's insurance. I met with her adjuster a couple weeks after the accident and within 3 business days had a check for all the gear I was wearing. The personal injury part cannot be settled yet since I am still in the healing process. But I have made abundantly clear to the guy that as long as I am given a settlement appropriate to my level of suffering/loss of abilities/incapacitation/time off work then there won't be a need for a lawsuit. CA courts are clogged anyway, so who knows how long that would take. The only downside to not filing suit is that ther sia statute of limitations on how long after an incident you can file a suit. In CA it's 2 years - check with your insurance agent to see what the limit is in your state.

My point is that you always have options. You could get lucky and have an adjuster who gets their job done effectively and takes care of you. You could end up with an a$$ that's going to try to low ball you. You never know with **some** insurance companies. Keep your options open is all I'm saying. Just because they make you an offer doesn't mean you have to accept it. And make sure you keep every single receipt for anything related to the injury - doctor visits, pain meds, you name it.

Good luck and heal fast!
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