| Author | Message | ||
     Biggsammy13 |
Well...this is a little different from most posts...but I have no idea what else to do. A lady cut the corner making a left turn and took my right of way while I was making a right turn. I was able to avoid a collision and swerve out of the way but while doing so i ended up on the curb with the bike down on its right side and a big oil leak. I have a witness who saw it all go down and thought i was going through her windshield. Here's where the screwing comes in.... I have insurance through progressive, unfortunately so does the lady who ran me off the road. I only have liability coverage where she has full coverage...and since there was no contact in the incident Progressive is denying my claim. Basically it's in their best interest to deny it because they don't have to pay. I've got an estimate for the paint - $500 to touch up - $1500 for the whole tank. As far as the oil leak goes - $1000 from HD dealership. I can't afford a lawyer but that seems to be my only option. Does anyone know of any alternatives to this situation that i might be able to pursue? Has anyone been in a similar situation...if so how did you handle it? Any insurance people out there that can guide me? All i want is to get my bike fixed (haven't had it for a month) and it makes me sick to think an insurance can get away with something like this. All information is greatly appreciated. Thanks. | ||
| Moosestang |
Unfortunately insurance companies are the devil. That's why I change my insurance company ever few years. There's no sense giving all my money to the same bastards. I think you're screwed. Even if the other driver had a different insurance company, they would likely give you the run around until you give up or take them to court. You can try small claims court, no need for a lawyer and I doubt you could afford one anyway. Your insurance company will most likely cancel your policy once they know you're suing them. | ||
| Oldskoolef |
An attorney will advise you. Go see one who specializes in auto accidents. The consultation is free and they will tell you if they can help get you anything. I used to hate attorneys but they are a necessary evil in instances like this. I have been in a bad fight with my insurance company for over a year. Without a lawyer, I would have nothing! | ||
| Mikej |
I wonder if a small claims court civil suit would do anything to help you. Also is there the possibility of a traffic citation against the driver? | ||
| Bad_karma |
Though I believe that the courts are the answer, I would think that there is an insurance industry regulatory body that maybe an option for you. Joe | ||
| Fuzzy |
hate to say it, but think you're screwed. that's the way they work, no contact, no liability. if you're in your cage it's no problem, just hit the bastards, not so simple on a bike. ama is working on some laws that discriminate like that, but don't think this is one of them. definitely talk to a lawyer and good luck! | ||
| Guell |
If your insurance company wont do anything i would go after the driver, espeicially since you have witness's | ||
| Biggsammy13 |
Can't get a traffic citation for the driver...accident happened in my work parking lot. I don't know what is worse...seeing my bike parked everyday and walking to work...or seeing the girl that ran me off the road 2-3 times a day while im at work. I'm gonna talk with an attorney and see my options...if anyone knows of a insurance industry regulatory body like Bad_karma was talking about ...please let me know. AND STAY AWAY FROM PROGRESSIVE!!!!! | ||
| Mikej |
Have you tried talking to the car driver and seeing if she'll take the high road in good faith without any implied pending threats of legal action? Recently where I work one guy backed out of a parking space too quickly and tagged one of the bike riders. They talked, agreed to work together, bike guy found some parts at a discount, car guy paid for the parts, they both worked together on the bike to replace the damaged parts. | ||
| Dreadnaught1 |
I would take her to Court. File a CIVIL Case against her. (In other words, SUE, You are not at fault). You can do that on a local level. In PA, I think it is up to 10K so in Texas it is probably about the same. If it is like PA you can do this on your own at the local county court. Good Luck. | ||
| Biggsammy13 |
I've talked with her...but when i mentioned my bike had a custom paint job and the whole gas tank would have to be restored at around $1500 and that doesnt even include the mechanical work to stop the oil leak...she suddenly believed that the incident was not her fault. | ||
| Mikej |
Working at the same company adds a significant consideration to the situation. If she was at first willing to at least consider helping then there is room for negotiation. Getting $500 out of her is better than nothing. | ||
| Djkaplan |
It's too bad you both have insurance from the same company. I thought I was getting screwed by an insurer over an accident that wasn't my fault (other driver ticketed and confessed guilt) so I informed my insurer. They got the ball rolling and were happy to do so... but I don't think it was something they do all the time, more of a personal favor from the agent. | ||
| Naustin |
Shoulda had full coverage.... Get a lawyer. Some personal injury/accident ones won't charge you anything unless you win. Develope a serious aching neck and sue the piss out of the insurance company. | ||
| Sarodude |
Any time you have ANY sort of accident, make sure you are "hurt". I don't care if it's a pin prick, a bruise smaller than a stamp, or what. You are hurt and you needed medical attention. Keep that in your back pocket so that WHEN the time for an attorney comes, there is a piece of the injury pie they can steal away as the represent you. I hate insurance companies AND lawyers. I'm not litigious. However, when I had a similar situation (both me and the other dude were Mercury), I eventually toled the adjuster: "This is the last call you will get from me. The next call is from my attorney who would like to talk to you about my injuries. I don't think attorney make the world a better place but you are not cooperating and I am left with little choice." Besides IMMEDIATELY notifying me that they were paying for all the damages to my car while assigning zero fault to me (other guy turned left in front of me), they asked how much I wanted to be compensated for my injuries. I didn't even WANT that money. I just wanted my car replaced. I told the girl, "If it makes you happy, cut me a check for $1500 for injuries." Funny thing is that the girl mentioned how they decided to go along with me since I'd been SO cooperative. -Saro | ||
| Kilroy |
I think the shock from the accident caused you a sudden lack of memory about the incident on your part. She did hit you - she clipped your handlebar.....REMEMBER???? |
