| Author |
Message |
    
Bomber
| | Posted on Wednesday, November 05, 2003 - 02:52 pm: | 
|
Court
2 things -- you (or I) attempting to guide someone concerning their online typing ability simply opens us up for all sorts of flaming (grin)
thing the second -- you were talking about personal responsibility, which is, at last count, the pervue of neither party (thank goodness) . . . so far, this thread has been limited to boxing one poor souls ears . . .let's not have it shift (and call the wrath of Blake down on our heads) by topic-shifting it to a political debate (grin) |
Brianbuell
| | Posted on Wednesday, November 05, 2003 - 02:59 pm: |
|
Speaking from personal experience your better off taking that guy to small claims court do to the amount of money your speaking of. Getting a lawyer is usually a lose lose situation because they will take a good percentage of what you may get from the insurance company, if you where to get any. Plus with small claims court you can present your case yourself with the evidence you speak of.
Do you know if they will raise your rates if you sue and win? You should be happy they didn’t drop you.
If I where you I would be happy I didn’t break my neck. Consider yourself lucky with the injuries you received.
|
Dynarider
| | Posted on Wednesday, November 05, 2003 - 03:04 pm: |
|
2 things -- you (or I) attempting to guide someone concerning their online typing ability simply opens us up for all sorts of flaming
I was leaving that one alone
fnially
muitions LOL
Learn to ride you motorcycle. If you crash it, you suck
Not sure all of agree with that statement. There are times that certain things are simply out of our hands & no matter what we do a crash is imminent. Remember that old saying about only 2 types of riders, those who have crashed & those who will.
|
Newfie_buell
| | Posted on Wednesday, November 05, 2003 - 03:08 pm: |
|
Mike et al.
I am not shitting on every soft tissue injury as they certainly do exist and can go on for any number of years. So can other types of muscle injuries and health problems.
What gets me going is what many have pointed out on this thread about getting more than they should. Its the whole attitude that "I am gonna SUE and get me some money!!!!!" or "They should not have looked at me that way!!!!!!-how much can I get!!!!!"
Like Court pointed out its easy money and when its all gone - your onto the next hit!!!!
There is a family of hooligans (and not the bike riding kind) that have established a history of going into establishments and falling for no apparent reason. After the mother and son fell a year ago we caught onto what was happening when the father called us with a incident to report!!!!" Damm idiots.
The other thing and I am gonna put this up to your young age and lack of life experience is the fact you posted this on the World Wide Web.
Go get yourself all fixed up and healed, tally up your expenses and then get properly compensated for what you have lost!!!!!!!There is absolutely nothing wrong with appropriate compensation. If its going to cause a permanent or long term problem then the compensation will be more appropriate.
You got your health and you have walked away from this on - take the course - enjoy the XB and have fun.
|
Djkaplan
| | Posted on Wednesday, November 05, 2003 - 03:39 pm: |
|
Ilikehotchicks,
You're really sucking the life out of what is supposed to be an adventure. |
Viros
| | Posted on Wednesday, November 05, 2003 - 03:43 pm: |
|
hotchicks,
this time last year I was in your situation. I totaled my X1 on the highway. I was cut off by a guy in a Van with tinted windows. I was in a hurry riding 15 miles away from work on my 1 hour lunch break. When it was all said and done, I was screwed. I didnt know anything about gap insurance and my insurance company(progressive) payed 80% of my loan, so It ended up costing me over 2 grand and worst thing was the cop said it was my fault for speeding, so now my insurance is at a ridiculous level since I have a accident thats listed as my fault.
I flew over my handle bars and rolled several feet doing a unplanned stoppie at 75mph. I had decent gear on and only sprained my wrist and had few cuts & bruises. In the end I went to work the very next day with all parts of my body aching & sore, and working on the computer with one hand. I didnt want to stay home alone depressed about what just happened. The moral of the story is live and learn. Shit happens. I took it as a lesson learned in life the hard way and moved on and didnt look back. It ended up being a good thing since 7 months later I cleared my debts, and bought a 03 XB9R with the 3.9 3year deal at $7995. That was sure a whole lot better than my 12.75% 5 year loan on the X1. I only had the bike one full year and still owed over 9 grand on it while the bike sells regular for 5. I could of gone your route with the lawyers and courts but why bother. Move on, I know of XB's going for 7 grand firm with a race kit. Next year the price will also drop. Save yourself a head ache and look into your future riding ahead.
victor |
Court
| | Posted on Wednesday, November 05, 2003 - 03:59 pm: |
|
Bomber: You are right. My better judgement was impaired by TWP. (typing while pissed) You are right and thank you for reeling me in.
>>>Getting a lawyer is usually a lose lose situation
Inaccurate.
My pal the attorney is digging her new 911 Turbo annually and just returned from shoe shopping (71 pairs) in Venice and brought the entire family Rolex Submariners. For her, it's great. She's still living off her last exploding gas tank until her helicopter crash over the Grand Canyon pays off.
Court
(Sitting at the corner of 85th and 1st Avenue thinking about darting in front of a limo  ) |
Mikej
| | Posted on Wednesday, November 05, 2003 - 04:07 pm: |
|
The scammers make out like the bandits they are,
the victims get screwed like the victims they are.
Justice is a very subjective enterprise.
|
Ilikehotchicks
| | Posted on Wednesday, November 05, 2003 - 04:15 pm: |
|
Okay guys here me out.
first thing it is hard to miss typing mistakes when you are typing with one hand.
I NEVER SAID I WANTED TO GET RICH QUICK.
all i wanted was my bike fixed and my hand fixed and my insurance rate to stay where its at.
I spoke to my insurance agent today and she told me the best thing to do would be to get a lawyer and let them deal with it. why whould she tell me to do that if its not the best thing to do????
so guys you dont know everything that is going on so please stop raggin on me.
I am 21 years old and i am greatfull the accedent wasnt any worse. I have been driving and insured since i was 16, I am a very good driver and have had no tickets/accedents prior.
Before buying my motorcycle i took msf and learned alot, and got my license. I did everything i could to prevent this. I admit i am not the perfect rider, but i am safe and obey the rules of the road. The statistics say EVERYONE who rides bikes gets involved in one accedent. so for those of you saying, its your fault you suck at rideing i whould like to know how you were able to aviod accedents your whole life? Oh wait your lifes not over yet. so that means your time will come.
I plan on takeing the experianced rider course I just wanted to get more use to the bike first. So i dont know what your problems are with me? leme repeat all i want from this is my bike fixed and my medicle bills payed for and my insurance to stay where its at.
To get that done my insurance told me to get a lawyer.
So whats your problem?
reuben |
Ilikehotchicks
| | Posted on Wednesday, November 05, 2003 - 04:23 pm: |
|
btw what do you guys pay in insurance??
probally alot less then what i pay w/ no accedents and no tickets. if any one should be complaining about insurance prices being raised it should be me.
130 a month, 1560 a year |
M1combat
| | Posted on Wednesday, November 05, 2003 - 04:38 pm: |
|
Hmm, well, OK... I just read through all of your posts in this thread and it does indeed look like you didn't really say anything about getting extra money. Sorry. My foots in my mouth. Anyone else?
And for the record...
26Yrs old, XB12R, No record, Single, Northern AZ, Dairyland : $1023 a year for full coverage. |
Nevco1
| | Posted on Wednesday, November 05, 2003 - 04:38 pm: |
|
Question for Newfie or other Insurance Folks
If I cause an accident with a vehicle, I get a citation from the police even if I don't get hit and my vehicle insurance pays. If someone gets hurt messing with my parked vehicles, my homeowners/renters insurance pays. If I hit somebody with a golf ball, my homeowners/renters insurance pays. In any event, if I don't have insurance, I pay.
Additionally, I am subject to receiving a citation from the police for infractions to the motor vehicle code on my bicycle. FYI, I got one for speeding on my bicycle once. Am just glad they didn't bust me for the martini in my water bottle. LOL
Now the question is, If I am responsible for causing an accident with my bicycle and the other party pursues it, would my vehicle or homeowners/renters insurance cover it and if I don't have insurance, do I pay?
FYI, am not trying to add gas to the fire. Am just interested in the course of action. Many years ago when I has hit from behind at a stop light, I was told by my insurance carrier that it was better for me to deal directly with the person who was responsible for the accident's insurance carrier. In the event that I was unsuccessful, I should then go through my insurance carrier who would pay for my vehicle and medical and then go after the perp's insurance carrier. In this scenario, if the perp didn't have insurance, then my uninsured motorist coverage would kick in. |
Bomber
| | Posted on Wednesday, November 05, 2003 - 04:40 pm: |
|
Court -- you have, on several occasions, served me in the same regard .. .it's a privilidge to help a wounded brother from the field (grin)
Hotchicks . . . read you next to last post (you guys don't know everything {{very true, btw}}, so stop ragging on me), and then your last (what are you paying for insurance?)
grow up, son . . . .. get your sense of responsibility back from the cleaners, put in your wallet next to your insurance card, and move ahead. |
Mikej
| | Posted on Wednesday, November 05, 2003 - 04:42 pm: |
|
"why whould she tell me to do that if its not the best thing to do???? "
Without ragging on you I'll simply ask one question: who does the agent represent? You may want to take advantage of the general option of the first 15 minutes are free that many attorneys offer and shop around a bit to find the best one.
Without all the details up close and personal it is difficult to offer help, and to offer legal help is potentially foolish. All any of us here can do is offer opinions, all of which have been free apart from the time it took to write and to read them. Read what you like, disregard the rest.
As far as what to do goes:
First: if you haven't received a decision from the carrier then it is too soon to talk lawsuit.
Second: if you haven't talked to an attorney then it is too soon to talk lawsuit.
Third: if this is recent and you haven't already signed a medical release and given access to your personal medical records to the insurance company then it is time to talk with an attorney at least on a preliminary non-retainer basis.
Fourth: some personal injury attorneys are worse than some insurance company attorneys and claims appraisers.
Fifth: some personal injury attorneys are worth what they charge, but finding them may be the hard part, and getting them to take your case is partly up to you and mostly up to them and their appraisal of getting you a fair settlement.
Sixth: some insurance company representatives will state that they will pay only what they decide to pay and any attorney fees will only reduce what you end up with.
Seventh: some insurance companies as a rule are total bastards to deal with, others are not, and even that conclusion can be variable on a case-by-case basis.
8th: IMHO, YMMV.
9th: in my opinion it is too soon to be talking lawsuit since you don't have an offer yet.
10th: with Allstate, the property damages are handled by a different department than the medical claims, and just because you get what you consider an acceptable offer on one aspect does not mean the other aspect will be comparable. Other carriers may or may not handle claims the same way.
11th: keep excellent detailed records in writing with whom you speak with, when you spoke with them, who called who, what was said, what was offered, every single nit picking detail. And if you do get an attorney then shut the hell up about the matter and defer all coorespondence about the matter to your attorney without revealing any details, not even to your mother, until all is said and done.
Stay safe, heal well, ride right, rag off. |
Ilikehotchicks
| | Posted on Wednesday, November 05, 2003 - 04:44 pm: |
|
ah nevco i think that is the exact same thing that i have to do, which is why im unsure and which is why my agent is also unsure. it doesnt happen too often. Which is why i was informed by my agent to get a lawyer and the lawyer will find out who to take acount able. All i did was type up a journal of everything that has happend. and asked for help in the proof read. Ever sience i had been getting burned by EVERYONE over "not being able to ride my motorcycle" "trying to take money i didnt earn" "trying to screw the insurance"
all i was looking for was the correct info on which way to handle this, because everyone on here are bikers and i thought MAYBE someone else whould have delt with this situation.
|
Nevco1
| | Posted on Wednesday, November 05, 2003 - 04:48 pm: |
|
HotChicks...MikeJ is right about the self imposed gag order. Many have skated on their responsibilities based on the injured parties inability to do so. |
Ilikehotchicks
| | Posted on Wednesday, November 05, 2003 - 04:49 pm: |
|
thanks mikej that was the type of information i was looking for,
as for, bomber i have no clue why he has it out for me? |
Mikej
| | Posted on Wednesday, November 05, 2003 - 04:51 pm: |
|
Bill,
If you are not paying specific vehicle coverage to your vehicle insurer then the bicycle is a personal property claim.
I once asked a question that was at first scoffed at and later not: if it is a heightened-felony to carjack a car why isn't it a heightened-felony to carjack a bicycle being ridden as a means of transportation? Bicycles are unique in that they are both vehicles in some regards and not in other regards. You can get a ticket for running a stop sign on one but you don't usually need a license to operate one. In some areas it is illegal to ride a bicycle on a sidewalk, and in others it is mandatory to ride on an available sidewalk. In Illinois bicycles have been classified as "not intended users of public roadways", yet you can still be cited there for running a stop sign on one.
I'm just rambling and riding off topic, so I'll get off the pedals and step out of the cleats here.
|
Brianbuell
| | Posted on Wednesday, November 05, 2003 - 04:52 pm: |
|
I pay $466 a year with full coverage and I am 24 with a perfect record, 2002 m2. I am insured with USAA military insurance which makes a small amount of difference. I live in Kansas City MO, who are you guys insured with? |
Mikej
| | Posted on Wednesday, November 05, 2003 - 04:55 pm: |
|
Not speaking for Bomber as he is well enough endowed to do that for hisownself, I don't think he has it out for you, I think he is just stating an opinion. Listen or not, your choice, but even in a bucket of gravel one may find a fleck of gold (as I learned out west).
Carry on. |
Nevco1
| | Posted on Wednesday, November 05, 2003 - 04:57 pm: |
|
HotChicks...If my question gets answered, you may not need a lawyer to seek reasonable compensation.
Your own insurance carrier's legal department should be able to answer that question in a heartbeat and I see no reason why your agent would not help you get the answer. Mine did.
If for some unknown reason that doesn't work, perhaps a call to a legal aid office, a paralegal or the State's Attorney Generals office would help clarify responsibility.
In essence, no sense in wasting time and money on an attorney for something you can handle yourself assuming there is no long term personal injury incurred. |
Nevco1
| | Posted on Wednesday, November 05, 2003 - 05:01 pm: |
|
MikeJ...Thanks. With this information, I assume that by merit of the bicycle being personal property, then either the perp or the perp's homeowners/renters insurance is the party financially responsible. |
Dynarider
| | Posted on Wednesday, November 05, 2003 - 05:06 pm: |
|
well today i went to talk to my aunt and my alstate agent about what i can do about sueing the bicyclist for the wreck. my aunt sued her insurance and won for uninsured motorists.
I dont see why you would sue your own insurance company? If you do indeed have medical bills they will be covered. Why the talk of lawsuits? The reason I bring it up is that in your 2nd post you mentioned your aunt sued & "got like $15,000". I can see the dollar signs in your eyes & the only reason you have backed off on that now is because everyone & anyone jumped on your ass about it. |
Bomber
| | Posted on Wednesday, November 05, 2003 - 05:14 pm: |
|
Brian/Hotchix
I'm with American Family, and pay less than half what Brian pays . . .course, I'm in my 50s, and the same carrier has my other bike, my cars, and my homeowner insurance . . . .. my experience, which I believe is fairly typical, leads me to insure as much as I can with a single carrier . . . . . much better discounts that way
Hotchix . . . .I have nothing out for you in the slightest . . . . others have a bit more patience than I, perhaps . . . .. . next time, I would suggest (YMMV, as always) that you lead off with something other than how you've been mistreated, and want help in getting compensation . . . there are enough republicans, er, people who feel strongly about personal responsibility, on this board that another opening gambit may get you better advice quicker |
Mikej
| | Posted on Wednesday, November 05, 2003 - 05:18 pm: |
|
Bill,
Here's another angle to view the situation from (since I don't know who did what where when why how details). Exact same situation, but instead of a bicycle assume the person was a runner/jogger. Lots of runners run in the road because the asphalt is easier on their body than concrete sidewalks, and running in the street is actually often much safer than running on sidewalks due to visibility issues, so the analogy is functionally viable.
I think I'll go to the bathroom now and then go to school. Then maybe I'll dig out the Buell and ride to work tomorrow. Think I'll bring the M2 if I do 'cause "loud pipes save lives" ya know. If I start ridin' the bicycle to work I'll just have to put some playing cards in the spokes.
 (gets dangerous around here sometimes)
 |
Viros
| | Posted on Wednesday, November 05, 2003 - 05:18 pm: |
|
22 years old, full coverage on my 03 XB9R, $2500 a year, 1 at fault accident.
2 more years till my records clean again, currently insured by Markell, best damn quote out of over 15 companies, sucks to be me. |
Nevco1
| | Posted on Wednesday, November 05, 2003 - 05:47 pm: |
|
MikeJ...Interesting scenario. I actually erased my pedestrian J-walking example as I had to include the disclaimer "Except in California." I just had the feeling it would spur lots of humor (read: real life experiences) from Ferris, Viros and the other South Left Coasters. Heck, we both lived out there and you know what I am referring to. LOL |
Ferris
| | Posted on Wednesday, November 05, 2003 - 06:55 pm: |
|
you want real life experiences? don't get me started...
FB
ps to Ilike'emhot (catchy handle, btw. um, it doesn't actually get you any, does it?): i have a feeling this thread will be a pretty good education for you when it's all said and done, in more ways than one.
none of us were there, so none of us know for sure if WE could avoided being taken down by a bicycle, but you have to admit it's a pretty amusing scenario in a perverse, glad-it's-him-and-not-me sort of way.
you asked for help, you're surely getting it, and if a few of the "veterans" on here bang on you a little in the process, well, that's just their way of saying that they care.
(geez, Ferris, is that a load of crap or what?!?!?)
learn from this, ALL of this, and you'll be a better rider, and probably a better human.
good luck. |
M2me
| | Posted on Wednesday, November 05, 2003 - 07:16 pm: |
|
"why whould she tell me to do that if its not the best thing to do???? "
Mikej handled this pretty well but there is another thing to think about it. Insurance agents will never offer legal advice. The only thing they will offer is that you speak with an attorney. That's all this agent said. Do you have grounds for a lawsuit? The agent is just saying, "I don't know. Contact a lawyer."
I'm not an attorney but I'd forget about trying to sue the bicyclist. Remember what John Dillinger said when he was asked why he robs banks? Because that's where the money is. |
Ilikehotchicks
| | Posted on Wednesday, November 05, 2003 - 08:00 pm: |
|
i understand all of you, i know with more practice on the bike maybe i chould have missed him. then agian with 3 weeks practice on it i almost did miss him untill he hit me rear wheel.
any ways. nevco whats the easyest way to get ahold of the legal aid office or atorney general? phone book under legal aid? and will they talk though the best answers with me?
i just got back from the doctors, i have surgury tomarrow at 9am.
if any of you care to see the hand "the soft tissue injury"
click the links at bottom.
btw this "soft tissue injury" hurts like hell/..
and thanks agian for the answers good and bad, thats why i came here first is for other biker wisdom.
reuben
links... it looks pretty nasty altough "soft tissue"
http://members.tccoa.com/rjpeters/wreck/hand.jpg
http://members.tccoa.com/rjpeters/wreck/hand2.jpg
http://members.tccoa.com/rjpeters/wreck/hand3.jpg |
Cj_xb
| | Posted on Wednesday, November 05, 2003 - 08:31 pm: |
|
Good luck with your surgery !!!
CJ  |
Newfie_buell
| | Posted on Wednesday, November 05, 2003 - 09:15 pm: |
|
I like Mike's Post and a lot of others,
In a way we are all correct in some ways we are not.
Take it a day at a time,
Well here on the Island I don't know how a bicycle would be treated but I will definately know tomorrow!!!!
Collision damage to a vehicle is covered by the Collision portion of the policy (optional up here)
All other perils to a vehicle other than Collision are considered to be covered by the comprehensive portion of the policy (optional again)
Accident Benifits covers the out of pocket medical expenses and expenses not covered by the Governemtn run system - drugs, crutches, private rooms, etc, etc- remember I am in Canada and we have one of the best FREE health care systems in the world. The limit is $25,000 for med expenses, $10,000 for funeral expenses and $140.00 Weekly Indemnity and Its is a NO FAULT type of coverage so regardless who is at fault they pay.
THird Party Liability - covers damages caused to other persons or property - This is Mandatory and Minimum Limit set by Gov't is $200,000.00 and you can purchase up to $2,000,000.00 in most cases unless you want to get a personal umbrella policy with higher limits.
Uninsured Motorist Coverage - Once again Mandatory and it is self explanatory.
Up here Motorized Vehicles or any type of vehicle that falls within the scope of the "Highway Traffic Act" are NOT covered by homeowners or renters insurance.
As for you so called 'Agent" telling you to get a Lawyer, obviously that person could not offer the correct advice in dealing with the claims people so I would recommend that you FIRE your current Agent and find a new more knowledged "Insurance Professional" when you have all of this settled.
|
Bomber
| | Posted on Thursday, November 06, 2003 - 09:36 am: |
|
good luck with the medics, Chix . . .let us know how it turns out |
Ilikehotchicks
| | Posted on Thursday, November 06, 2003 - 06:05 pm: |
|
got back from surgury around 1, ive been sleeping and druged up all day.
i guess surgury went good. the pins whouldnt work when the doctor got in there so they had to open me up more and put a metal plate in to hold the finger togeather.
well anyways back to bed for me |
Nevco1
| | Posted on Thursday, November 06, 2003 - 11:13 pm: |
|
HotChicks...Glad to hear you made it. Haven't had either but plates sound better than pins.
Rest and get well soon. Then we can organize the Boyz to go park in front of the perp's house for grins! |
Bomber
| | Posted on Friday, November 07, 2003 - 04:38 pm: |
|
heal quickly, chix . . .there's lots more riding to do (luckily, not for a couple of months or so
oops, just read your profile . .. . well, heal quickly, anyways, from my time at Ft Hauchucha, I KNOW there are at least a couple of weeks when riding in Tucson ain't grand |
Ilikehotchicks
| | Posted on Friday, November 07, 2003 - 04:47 pm: |
|
thanks.
yeah only bad time for riding in tucson is during the monsoons. Then agian i wont be able to use a clutch for awhile =/ and cant ride the bike till its fixed; so it might be awhile. |
Nevco1
| | Posted on Friday, November 07, 2003 - 10:03 pm: |
|
You'll be back in the saddle sooner than you think. So just be positive and take it one step at a time.
Hey, that operation must have worked...Your typing improved! LMAO |
|
