| Author | Message | ||
     Prof_stack |
Last June I was in an accident on my XB9S where a driver in a car failed to yield and we collided. There was NO time to react to the Honda Civic as it suddenly appeared in front of me. I estimate my speed as somewhere below 30 mph. He was cited. I was hospitalized overnight. The officer told me that he estimated 20-25 mph at impact. The medic told me and my wife that it was a low-speed collision (he is a rider, too). The front forks were fine, but the frame was broken. Most other damage was cosmetic. Today the other driver's insurance company said to my insurance company that they are going for 50% liability because a witness said I was doing 45 mph. My insurance company says that now I need to give yet another statement so the next phase can go forward. They will contact other witnesses. My insurance company said that witness estimates of speed are usually tossed out due to wild inaccuracies. I'm thinking that at 45 mph the Buell is totaled for sure and more importantly I am probably totaled as well. My insurance company said they will get more information and try to convince the other company that they are 100% liable. If not, it will go to a 3-person arbitration board where the decision is "final", at least meaning that the insurance companies will agree. I'm thinking that the other company is posturing to try to get something less than 100% liability so they won't have to pay as much for the repairs, medical bills, and the "pain and suffering" to me. There's more to tell but I am open to good advice as to what to do next. My insurance company (Geico) says the other company is grasping at straws here. Thanks for reading all of this. It helps to type this as I am furious at being considered liable in any way. | ||
| Thumper74 |
He was cited for the accident? Failure to yield I assume? I'm pretty sure that they're on the hook for this one. Keep in mind that while you weren't at fault, you have your insurance company there to protect you. They'll fight to get you what you deserve because it would mean that they need to pay out for the damages. Plus... It's been 6 months and they're just now bringing up witnesses? I'd bet that person knows the guilty part. Wild inaccuracies?! Yeah, I'd say so. That's why police use radar guns to determine speed. Unless that witness had a stop watch and knew the distance, etc I doubt that they have a case. Also, I'm sure that the police officer put the estimated speed on the Incident Report. Did you flop around like bacon on a frying pan for extra money? I'm a 100% straight person. I've been in a few accidents that weren't my fault, all I asked was that they returned my car to pre-accident condition and I've always gotten along pretty well with the Insurance companies. It irks me when people get jerked around like this. Get what you can. | ||
| Prof_stack |
Thanks Thumper. The driver was cited for failure to yield. He did not contact his insurance company for over a month. Geico has already paid out about $5k for the property damage and new helmet. My neck still hurts and P.T. continues. I'm pretty naive about the insurance business and "pain and suffering" settlements. I never had any intent to get as much as possible from them. But with the other insurance company playing games (although they wouldn't call it that), I'm thinking a lawyer might like to sink his/her teeth into this case. | ||
| Thumper74 |
Your insurance company should have an attorney that will/is fighting on your behalf. You're already paying for one in your premium, why pay again? | ||
| Iamike |
Threaten to sue them for your injuries. I did that and got a check almost immediately. The problem with settling though is that if you have lasting injuries you may be out any more compenstion. | ||
| Tom_b |
it's a bullshit tactic used by insurance companies to try to bully people into settling. call their bluff and contact your company asap. The speed you were traveleing, unless you were cited has nothing to do with it. | ||
| Slaughter |
Unfortunately your insurance company is NOT going to make things right with you. The purpose of the adjuster and their attorney is to minimize their losses and sooner that you settle, the better for them. The sooner the other party settles, the better for your insurance company. You really do need an attorney. Out in CA - there's a legal show - Handel on the Law. They have a legal referral site and because they screen the attorneys, not all specialties are represented in all areas. http://handelonthelaw.com/RadioQuestions.aspx I'd seriously recommend you at least talk to an attorney. Your insurance company and their lawyer are not as much on your side as they'd like you to believe. You're in Seattle, see if there are any personal injury lawyers you can find in the area (should be lots) but DO NOT ACCEPT ANY PAYMENT that implies you are being paid off by your insurance company - ESPECIALLY so soon after the crash!!! I'm about the most anti-lawyer person but I've had family members injured and friends die LONG after original injuries - with MANY problems and MANY regrets. You can feel free to PM me off line if you want. I have a sister working in Seattle and I can sure ask her for help. Since she works in Urban Search and Rescue, she probably knows folks in the legal business. Buddy of mine had a jerk cross in front of him and he t-boned the truck on his GSXR. His wife on the back used his body as a crash cushion. His hand was smashed, chest heavily bruised, ribs busted, tendons torn, other orthopedic injuries... bike totalled. His insurance company wanted to settle with the first surgery and PT. It has been a 4 year battle through multiple surgeries, orthopedic devices and he had to quit a job he loved. He did get a lawyer early in the game and after a nearly 2 year battle, got compensated for ALL medical PLUS his lawyer (NOT the insurance company lawyer) - went out and got the witnesses, found a letter carrier who had TWICE nearly had exactly the same collision with the same guy in his truck and with all the testimony, was able to collece from BOTH insurance companies a SH!TLOAD more money than the $15K he was originally offered. His wife now works there since she got so involved in the investigation, they HIRED her. (she worked in another lawyer's office about 70 miles away) I can also ask his lawyer if he can make a referral to a PI lawyer up in Seattle. (Message edited by slaughter on December 08, 2007) | ||
| Josh_ |
>I'm pretty naive about the insurance business and "pain and suffering" settlements. Get a lawyer. Ask around, someone you know probably knows someone. They'll pocket 1/3 of the $$ you get and fight for every last dime. I'm all for settling with accuracy, but let me tell you, I wrecked a car when I was 18 (lady ran a stop sign) I didn't get a lawyer, walked with $7000. I have paid considerably more than $7000 since then in pain meds and to my chiropractor (and I only go a few times a year). Sounds like they would rather play games and screw you over then pay up, which is typical. Their goal is to pay you as little as possible, your goal needs to be the opposite. | ||
| Molly_hatchet |
u need to at least speak to an attorney so u can get a straight answer on what your entitled to and how to go about information is king...having worked with a lot of insurance companies i can tell u most local agents know each other at least a little and have talked before if not on a regular basis ....ur needs are not always all that important to ur agent...u need to know how things work and an independant lawyer can tell u....dont take any crap from an insurance company and dont sign jack until ur satisfied...let ur company know ur researching ur options and are not happy at all. | ||
| Slaughter |
....ur needs are not always all that important to ur agent... EXACTLY! (I shot my buddy an email to see if the office can recommend a lawyer up in your area) | ||
| Prof_stack |
Thanks guys! Your words seem to ring true. I'll hopefully talk to a lawyer this weekend and proceed from there. If you know: After an arbitration board rules, the two insurance companies are bound to the ruling. At that point, assuming Geico doesn't get the 100% liability verdict, are there still grounds for legal action? I know Geico wants 100% but I don't know how hard they will fight for me. Should I send a caveman? (joke) (Message edited by prof_stack on December 08, 2007) | ||
| Thumper74 |
Yes, preferably with a big club | ||
| Nevrenuf |
got hit on my bike back in 76 and my insurance co was not totally on my side. the guy who hit me just happened to be off the ship i was on(he was always on drugs to say the least) and after i was hit i got transfered off the ship(not much good in a full leg cast) but they kept on bothering me wanting to know about the guy who hit me. i just got fed up and got my dad's lawyer to sue the insurance co to get them off my back. bottom line is they will not look out for your best interest. not even statefarm as i have learned over the years. stay with the idea of getting a lawyer. | ||
| Jlnance |
Are you not getting dozens of letters in the mail from lawyers already? Around here, as soon as you get in an accident, the letters start. | ||
| Aldaytona |
Once again, the very FIRST person you should talk to after an accident is a/your lawyer. Before your wife, girl friend, mom, insurance company, or dog. Lawyers make a percentage of the money they collect for you. They will look out for you better than anyone named above in the 1st paragraph. Dealing with an insurance company by yourself is as smart as going to a gun fight armed with a knife.  Remember this posting, it happens to all of us at some time. Who you gonna call first? L A W Y E R ! |
