| Author | Message | ||
     Khollister |
Just picked up my XB12Scg a week ago Thursday - loving it. Loaded it in the truck to take along a on a several day camping trip to north GA. Had a great time riding for a couple days and then some clueless old lady backs out of a parking space at warp speed in a downtown street & T-bones me!. I was only going about 25, but I'm now back at home with 2 broken ribs, an ankle the size of a grapefruit and a banged up brand new Buell :-( The bike can probably be repaired (header & swingarm the major casualties), but I'm concerned about other damage/alignment issues. Going to drop it off at the dealer tomorrow, and I'm seriously thinking about getting one of the ambulance chaser attorney to help me extract some consideration from the idiot's insurance company. Anybody had experience with something like this? Keith | ||
| Irideabuell |
Keith, Sorry to hear that your first weekend with the Lightning was so ugly. Give me a call if there's anything I can help you with. Depending on what insurance company the offending "clueless old lady" has (ie. State Farm, All-State, etc.) you should be well taken care of and not have a problem if it is, in fact, one of the larger companies - at least from my past experience. I guess you first need to determine if she really did have insurance. My wife was hit in a parking lot here in Waterford Lakes by another "clueless moron" that quickly flashed an insurance card to the FHP officer, but we later found out that she hadn't been insured by them for 6 months. At that juncture, you would be well advised to seek out an attorney if they were un-insured or insured by a fly-by-night company. There are a number of good, reputable attorneys here in the Orlando area (I'm sure you've seen them on TV) that would salivate at taking your case. However, they will probably first want to determine how viable it is to go after the offender. In my wife's case, the person that hit her was a "bum" and we decided it was going to be easier for us financially to go about taking care of the damage through our insurance company (State Farm). As I said, call me if you need anything. I'm always happy to help a fellow Bueller. I hope you recuperate from your injuries quickly. Paul | ||
| Eboos |
Glad to hear that you made out fairly well. | ||
| Aeholton |
Hope you heal fast. I will pray for quick and complete recovery. | ||
| Ft_bstrd |
One thing you should ask for from the offender's insurance company is compensation for reduction in resale value (also known as a value adjustment check). Even if the bike has been repaired, it has been wrecked. Sometimes you can't tell, many times you can. If I am looking at a bike with obvious impact damage, it is worth less to me than a completely pristine bike. Play nice with the insurance company until they don't, then show your fangs (attorney). Insurance companies have a nearly endless supply of attorneys. They can wait you out most times for spite (I used to work for one!). Use the attorney as a last resort. I hope it all works out. | ||
| Crusty |
Don't wait; get a lawyer NOW! My wife was hit from behind while sitting at a red light. The insurance company of the lady who hit her didn't want to pay full value of the bike, storage or towing. We had to get a lawyer just to get what we were covered for. Remember; Insurance companies exist to take in as much money as they can while giving out as little as possible. If you give them half a break, they'll screw you out of as much as they can. | ||
| Lost_in_ohio |
Just out of curiousity....How much of your settlement do the attorneys take?????? Was the accident in a parking lot? or street side parking? Was LEO called? I hope she was cited. | ||
| Khollister |
Street side parking on main street in small town, LEO was there, she was cited (I have the accident report), multiple witnesses. The cop said it was already clear who was at fault by the time he came over to talk to me (lying on my back in the middle of the street). | ||
| Ft_bstrd |
Attorneys usually take between 25 and 50 percent. Insurance companies do go through everything with a fine toothed comb, but they know when they have a losing case. Khollister's case looks pretty bad for the insurance company. From the insurance company's standpoint, their biggest fear is a long drawn out liability. Property damage is finite. If they totaled your bike and gave you full new value, that dollar amount is clear. The insurance company is fearful of a long drawn out medical problem. If this lady had $250,000 of medical coverage tied to her policy, the insurance company is fearful that an $11,000 bike and rider will result in a quarter million dollar claim. There are subtle "nuances" that can be employed to your advantage. An insurance adjuster who is stalling a little can be moved off the dime with a little mention that your neck and back are still "not quite right" and you are probably going to need to see a specialist. Keep in mind, though, that even a $250,000 claim to the insurance company is a drop in the bucket. They will take a hit just to spite you. I've seen it happen. Their thought is that if they make you work 10 years to get your money, they have been able to earn on your $250,000 over that 10 years, so to them the actual monetary outcome is only maybe a $100,000 real dollar outlay. Consult an attorney, but don't play that card before you have to. | ||
| Daves |
Glad you are ok for the most part. | ||
| Diablobrian |
Glad to hear you are ok for the most part. Understand also that most insurance companies will not pay out for at least a year on injury claims in hopes you will take the property damage check and just give up. My credit was destroyed by this tactic because of medical bills and the fact I was disabled by the accident. They had PIs following us around taking pictures for over a year trying to catch us out on our claim. Too many do try to defraud the insurance companies, but those with legitimate claims pay the price for it. Do not make a statement over the phone. They will try to ask leading questions to void your claim. They record the statements and use them as evidence. I know that it's bad enough to have a trashed bike and body, the last thing you want to deal with is this kind of crap. I had these insurance turkeys calling me the day i got moved out of ICU, while I was loaded with morphine, trying to get a statement out of me. I'm fortunate I had friends there to intercept the calls. Talk to a lawyer before you say anything to them. | ||
| Khollister |
I spoke to an investigator for a local law firm today, and am expecting a call from the attorney Wednesday. I will decide at that point whether to pursue legal assistance. Dropped the XB off at the dealer today - should hear back in 48 hours from Progressive about the damage. Went to my Doc this afternoon and got some more potent drugs - he said I should be feeling some improvement by the end of the week. Everything seems OK - no complications expected other than pain & the inability to do things I would normally do. Researching new jackets with CE or GP armor (including the back). Need to look at boot options as well. I have EE feet so motorcycle boots with armor may be a problem. Thanks everyone for the encouragement & prayers. I really feel lucky to be alive and not likely to have any permanent disability. As I was finishing this reply, the phone rang - it was the perp's insurance company. THey accept full liability for the incident and are offering to cover all medical & property claims as "part of their settlement". I said I had no idea on bike damages and that I was off work, in considerable pain & unable to drive. I got the signal they were prepared to offer something for my pain & suffering. I'll decide whether to retain the lawyer when I talk to him in a day or so. Looks like it will all work out eventually. | ||
| Buellgirlie |
take it easy on the ribs, it will SUCK for a couple of weeks. re-learn how to talk, laugh, cough, sneeze, and other activities that require core strength. sometimes holding your side as you do those things helps a bit. if you cant get yourself up out of bed/couch, then roll off gently and get on your hands and knees - then your leg strength will allow you to stand up. trust me  i know all too well the pain of broken ribs. just take it easy - and go after the insurance company until you and your bike are "as they were" before the accident. good luck, heal well, D | ||
| Diablobrian |
Don't accept a final settlement until you're sure there will not be any lingering problems. The classic scenario is where they low-ball someone and the person takes the check before finding out they have chronic back pain when the pain meds run out and they already signed off on the insurance companies liability. It has happened to more than one person. The first offer is usually far below what they are authorized to pay. | ||
| Old_man |
I'm glad to hear that you were not more seriously injured. My nephew was involved in an accident on his Kawasaki cruiser, the damage didn't look too bad to us, forks and some tin work, the insurance company totaled the bike. It was a year old. He was able to buy a new bike, year old model, with the payoff. | ||
| Buellicrat |
Get a good attorney now!!!! I speak from experience. You only have a 2 year statute of limitations for soft tissue injury. You will have back and spine problems for life. You may not feel them in 6 months, but at some point, it will hit you. And if your overweight, add a future of arthritis and crippling joint pain to the list. A very good lawyer will be fair and take 35%. When you recover, I highly recommend yoga a few times a week. It has allowed me to ride again after I was rear ended by a half ton Chevy conversion van. Its your life, not a finger in a bowl of Wendy's chili. No amount of money will make your ribs perfect, but it will help pay for your rehab and co pays for painkillers. |
