| Author | Message | ||
     Ilikehotchicks |
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. the alstate agent told me that if i file a claim they will fix the bike but my rates may go up because i will have something on my record. Also she said that i can call the guy up and find out if he has home owners insurance and get them to pay for it. The last thing was to get a lawyer. The agent actually told me that this is a good idea and let the lawyer deal with the case. I typed up a journal of the everything that has happend since the wreck. im posting the journal its about a page and a half long, if you care to read it please do so and give me some pointers. if not then any extra info will help. thanks reuben journal-------------------------------------- Friday October 31st Halloween. Today I had a normal work day, and ended up leaving work 15 min early, with my co-worker José. As I got onto my brand new 2003 buell motorcycle I decided to head down stone to cycle gear. I had been waiting to pick up a set of turn signals for my bike and today seemed to be the best day to do that. The day was perfect and was the perfect day for riding. At stone and glen I stopped at a stop light, and waited for the light to turn green. Once the light had changed there was a ups truck that was still in the way of my lane and I went as soon as it had moved. I regained speed up to the 35mph speed limit. About a ½ block after the stop light I notice a man on a bicycle in the left lane on stone-avenue. His bicycle was weaving as he picked up speed. Suddenly he weaved into my lane, and I slowed down. Almost as soon as I slowed down he weaved back into the left lane. When the man moved back into the left lane, I speed up back to 35 to pass him safely. Almost as soon as I pulled back the throttle he made a right hand turn from the left lane. Suddenly he was in front of my motorcycle, I had dodged to the right as quickly as possible. This happened to miss the bicycle, until his front tire caught my rear wheel. I had already been leaning to the right and the sudden hit had forced my motorcycle to wobble as I tried to regain control. As soon as the bike became stable it had jumped the curb of stone and hit the dirt of someone’s front yard. The bike laid to the left and so did my body. My left hand which had currently been covering the clutch lever and handlebars dug into the sidewalk and rocky dirt. This force on my left hand and fingers jammed my index finger back and broke it instantaneously also putting two deep gouges in the top of my left hand. The sudden stop had caused my body to fly over the bike and hit the ground with my right: shoulder elbow leg and helmet. As soon as my body came to a stop all I could think about was, weather or not the bicycler was okay. I stood up and took my helmet off and threw it on the ground. I ran to the road as the bicyclist ran toward me. I had asked him if he was okay, and he said yes then asked me the same. I looked down as my hand was bleeding profusely and I notice that my left index finger wouldn’t move. I noticed as 2 women and two young kids ran to help and they had told me they had seen the accident. I wrapped my hand in my jacket as one woman ran inside her house to grab a towel, and call the police. When she returned I wrapped my hand in the towel as we waited for the police. Five minutes later two police officers arrived and a fire truck. The police men talked to all the witnesses as the firemen wrapped my hand in a splint. I got my cell phone and called my step-father to come pick me up to take me to the hospital. The police had asked everyone what had happened and cited the bicyclist and wrote up a police report. The two officers waited around as I waited for my step-father, because we live a good 20-25 minutes away from stone and glenn. My step-father arrived and his friends soon followed with their truck. After loading the bike up in the truck I and my step-father left to North West hospital. The accident happened at 3:35 pm I had not arrived at the hospital until 5pm. After checking in the hospital we were promptly rushed into the ER. The nurse and doctor sewed my stitches up and splinted the finger. We had not left the hospital until 7:30pm After arriving home I cleaned the blood off my hands and my jacket, I went to bed. I had no pain medicine and had about 2 hours total sleep that night. Saturday 11-01-2003 First thing in the morning every bone in my body was in pain. Mostly my hand ribs shoulder and leg. Me and my step father rushed to the pharmacy and picked up the proscribed vicadin and antibiotics. After taking the medicine I was able to sleep though Saturday and Sunday. Monday morning 11-03-2003 My bones were still hurting to the point I had to call in to work, this is the first time I had ever called in sick to work. I had called the surgeon on Monday and set up an appointment to have the pins installed in my finger, for Wednesday. Tuesday 11-04-2003 I managed to make it to work with my hand wrapped up and pain killers with me. During work I was unable to do my job correctly because of only having one usable hand. My manager decided to have me do shipping input instead of normal receiving because my hand was in so much pain. After work I stopped by my school “Pima College” to pick up the assignments for the following weeks because I was uncertain what days I would be able to make it to school, with surgery coming up. Wednesday 11-05-2003 Today I had to miss half a work day due to my appointment with the doctor. Still have aches and pains mostly in my hand back ribs and legs. edited by ilikehotchicks on November 05, 2003 | ||
| Easyflier |
Why in the world would you want to sue your own insurance company? | ||
| Ilikehotchicks |
uninsured motorists, to cover my medicle expenses. my aunt did it when she got hit by uninsured motorist and she got like 15k. thats what the uninsured motorist coverage is for, to cover you and your expenses incase some idiot w/out insurance hits you. | ||
| Dynarider |
And they will drop your ass so fast & then good luck ever getting insurance again. So long as your bike gets fixed & your body healed up, why try to rape your own insurance company? Thats fucked. | ||
| Easyflier |
I'm sure your insurance company will take care of that without a lawsuit. Or are you saying that she got 15k above and beyond her actual costs? | ||
| Newfie_buell |
Take it from ME (Unimportant Insurance Professional) If you can walk away with no permanent injury or walk away at all then "Life is Good" And if you think your rates are not affected by making a claim (Not saying you should not have your expenses taken care of) then think again. What do you think Insurance is? Basically a group of individuals paying into a pool to pay the claims of the few that make them. If too many claims are paid out then EVERYONE's rates go up. Normally called a General Rate Increase!!!!! Right now there are three Provinces here going through insurance reform and the basic problem is "Soft Tissue Injuries" I could go on for days on that topic but I am stopping now!!!! | ||
| Ilikehotchicks |
yes true, understandable the thing is after my medicle insurance pays for the bills. i still owe 20% which will still be alot for me. probally around a grand in med bills if not more. for an accedent i didnt cause. also i have to pay my 500$ deductable to get my bike fixed. im not at all saying im going to go after my insurance company specificly. that will be up to the lawyer. I might be able to sue the guy that cause the wreck who knows, im not a lawyer. the thing is, im missing school/work paying alot of money to fix my hand, who knows the finger might not even work right when its healed and am all bruised. Not to mention my brand new bike is wrecked. WHY? because some idiot decided to ride his BICYCLE in the left lane of a busy 4 lane street. Not like im makeing up fake claims like oh whiplash. My hand is busted, very bad and needs surgury. why have full coverage insurance that is suposed to cover uninsured motorist's if its not going to cover this?? esp. something that isnt my fault and i have 4 witness'es showing that. reuben | ||
| Dynarider |
We are not saying dont get the $$ to get the bike fixed & your body repaired. But the deal about going after your own ins company because your aunt got $15K just isnt right. Thats the reason we all pay such ridiculous rates is due to stuff like that. Everyone wants to get rich off of someone else. Have your medical insurance pick up the 80%, have your bike ins pick up the other 20%. The $500 deductable is too bad but thats the price you pay. Hell if my car gets a window smashed in during a theft & I have to either pay the $250 deductable or the cost of the window. usually a window is less than that. Thats just the way it is. You want a lower deductable then you pay a lot more per month. Its like gambling, you roll the bones & take your chances. | ||
| Sportyeric |
You won't know what sort of aches and pains you'll have in the hand once its healed so don't sign off anything quickly. Here in BC, you have two years after an accident to launch a suit. Also, here, the insurance company will give you cash for vehicle replacement and cover lost wages to keep things normal until you settle. A few grand of happy money would probably ease the pain of future aches. I'd want something. I've never had any injury heal without some nagging reminder. Accident free for thirty years. (Knock on wood.) | ||
| Court |
Which hand did you type that with? | ||
| Blackbelt |
well i agree with everyone else.. Don't go after your insurance... I know your pissed and hurting. But going after your insurance isn't the answer. You really need to go after that moron that caused it. If you have a police report you should have all his information, If your lawyer is smart he will get the moola from him. But remember the lawyer doesnt' care if your insurance rates go up, or if they drop you all together he just wants to win and get a percentage of a settlement. know what i mean? Just trying to help, trust me, you don't want to piss off an insurance company (right Newfie).... hehee Hope all goes well. Adam | ||
| Court |
Me? I'd hurry up, get healed, take that $180 bucks and haul ass to some more training. Watch the ball..... | ||
| Newfie_buell |
The funny thing is that over time WE ALL PAY for overabuse of the insurance system. (Looks like I am at it again) I hate to use that word "Over Abuse" but in the end thats what it is. Right Now British Columbia, Newfoundland, Nova Scotia have the highest rates in Canada. Why - SOFT TISSUE INJURIES and people wanting the "Green Poultice Payout" for practically nothing. Don't get me wrong - I am all for being properly compensated for injuries but these large lump sum payments or the "Make them Pay" attitude SUCKS!!!! Let me give an example "A guy is sitting in his car at a fast food drive thru window, the lady in the car behind him who is about 2 feet away lets her foot off the brake and the car being in drive idles into the one in front of her!!!!, NO DAMAGE to either vehicle but how can the driver be injured to the point he can't work for a year then receive close to $50,000 for a stiff neck!!!" Sometimes its cheaper to kill someone in an accident than injure them - "Second example - A teenage girl who is upset with her boyfriend takes him to a secluded road, asks him to get out as she hears a strange noise with her car and wants him to check it out. While the poor guy was walking in front of the car she mowed him down real good and put him under the car, he was in hospital for 36 days before he finally passed away. The insurance company at the time was saddened by his passing BUT happy the no longer had to pay policy limits. All they had to pay was $36,000.00 in hospital bills. The boy was 17 years old and his girlfriend was 19 yrs old. She was later charged and convicted of Manslaughter and is still serving her sentence. I was one of the insurance investigators on the file at the time - thats what I did before I got on the Risk Management and Commercial Property/Casualty Side of things - so I can safely comment on both sides of the fence. Like I said before, Make sure all of your expenses are taken care of, you may even get your deductible back but be reasonable on all else, you still got your life. Also Take Courts Advise, spend the $180.00 on the Advanced Course - I am an instructor for the equivalent of the MSF Courses and you may have been able to use some of the "Emergency Accident Avoidance Techniques" that are taught there. Not all accidents are Avoidable but the ones we walk away from are the best. Also, If you are going to SUE, SUE, SUE - go see your Lawyer and try not to post looking for advice on how to do things - The Lawyers will screw and twist things around enough to make sure they get their fair share. Just my two cents worth........for what its worth. | ||
| Mikej |
I didn't read much past the first sentence but you can probably do away with the part about leaving work 15 minutes early. Makes it sound like you were in a hurry, or are irresponsible and skipped out when the boss wasn't looking. May not be the case, but if this turns into a legal fight then the opponents will use everything they can to their own advantage. And if that particular insurance company is treating you relatively well then take the money and run, I could say more about them but I still have a background process active. Newfie, Soft tissue injury is real, it's also real difficult to prove it exists, it's also relatively easy to fake. Mine is real, and may never heal beyond the constant discomfort and regular pain phase, but at least I can walk and talk and tell my story. I've more to say but will stop with that. | ||
| Hoser |
Suck it up , PUNK , it sounds like you are waiting for your big break in life , this isn't it. | ||
| Spiderman |
>>>>>Soft tissue injury is real I'm with Mike J on that. | ||
| Bomber |
as much as it pains me to agree with a guy named hoser, and an unimporant isurance dude, Hotchicks, you need to get a life, and a sense of responsibility, in reverse order, I'm thinkin . .. . I've not met you, I don't know you, and I'm basing my opinion of you on very limited data, but everytime you post you seem to be lookin for a payday . . . .. get yer bike fixed, heal up and get paid for your med treatment, and learn how to ride (knocked down by a homeless bicyclist will look sooooo cool on the colors, won't it?) sheeesh . . .. this is the kinda thinkin that's made it damn near impossible for some to afford insurance, and for many companies to stay in business . . . .. sue me while you at it for disagreeing with you. sheeeesh | ||
| Crusty |
My three cents worth: In 1976 I was working for a motorcycle accessories distributor in Colorado Springs. I was making a lunch run in the company van, when a woman ran a red light and hit the car next to me hard enough that it hit the van and spun it 180 degrees in the middle of the intersection. The first thing the woman said to me was, “Did you have the green light?”. When the police arrived, the first thing she told the cop was,” I was just on my way to the DMV to get my license.” The van needed a good bit of repair, and I lost a few days of work because I’d pulled a back muscle and couldn’t walk or lift anything. I “sucked it up” took the few days loss of pay and got on with life. I didn’t file any claim, except for the Doctor’s bill. A few weeks later, the insurance company decided that I was too risky a driver, and told my boss that they wouldn’t cover the vehicle if I was driving it. That ended that job. In 1997, I was working on a construction site as a Sandhog, when a Jersey Barrier slid sideways, trapping my foot, then fell over, crushing my ankle. It was a career ending injury, from which I’ll never recover. After two surgeries, and a year of physical therapy, I went to a hearing and the insurance company had a video tape of me riding my bike. They contended that if I could ride a motorcycle, then I could work as a Miner. The judge agreed. The facts that I sit on top of a motorcycle, or that it’s much less painful for me to ride than drive a car didn’t enter into it. I got a minimal settlement, and got no retraining. Last May, my wife and daughter were on my wife’s Sportster. They were sitting at a red light, when they were struck from behind. The insurance company declared the bike a total loss. The claims adjuster told us that she would only pay 80% of the value of the bike, and only 30% of the storage fees, and that we have to come up with the rest. My wife was sitting still, obeying the law, and she should not be punished for someone else’s incompetence. We called the Attorney General’s Office and found that the insurance company is legally obligated to pay full value for both the bike and the storage. We’re going to court. Insurance companies are quick to expose and flaunt false claims whenever possible. They are also quick to cancel your coverage, should your payment be late. They are not too quick to meet their obligations unless they are forced to. As far as the rates going up, why is it that the tallest buildings in Boston (and other major cities) are owned by Insurance companies? Where’d the money to build them come from? Remember, the Good Hands are holding a Piece of the Rock, and they’re waiting to drop it on your head. | ||
| Dynarider |
Oh yea..Dont overlook Courts advice about taking the course. You are a newbie rider & smacked up a bike with 500 miles on it. Probably 95+% of us here would have avoided such an accident because of our training & or experience levels. And as far as the getting rich quick shit goes...knock it off. Myself & the wife had an accident last year where we hit something with the front tire...dont know what still to this day, diesel fuel, tar snake, whatever & we went down. I didnt try & sue the state for having a shitty road & i didnt sue my own insurance company to get money because the wife chipped a tooth. Suck it up & let your insurance company deal with it. | ||
| Bomber |
Crusty -- your incidents were very different, and certainly should be treated as such . . . . | ||
| Glitch |
Ilikehotchicks: You're not the guy on the yahoo group that asked if were possible to sue Buell because the footpegs vibrated your feet too much are you? | ||
| M1combat |
Well, I have an 82 CB750F-SS and about 2K miles of experience... I am taking delivery of a brand new XB12R on Monday. I'll be careful incase anyone was wondering but to get to my point. I had to search for nearly two months to find insurance I could afford. That pissed me off. I am a safe driver, I use my mirrors AND turn my head, I'm responsible, I'm not a squid sheep, I wear protective gear at all times. I get on it rarely and most of the time in a straight line. I shouldn't have to pay over $1000 a year for insurance. I do though (Just started the policy on the XB on Monday). Why??? I think this threads clears it up. I have NO problem whatsoever with HotChicks getting what he deserves. But go for more than that and you add a drop to the bucket. One of these days someone like me will fall in love with some motorcycle and not be able to afford it because of YOUR drop. Just take what you have coming to you and walk away. Oh, and stop sliding the damn rear tire unless you NEED to... I suppose though, the more tires we buy the cheaper they get, but I hear another ins. claim rolling in from that.. | ||
| Nevco1 |
Dyna...You couldn't sue WI for a shitty road. That was one of the better one's, even in it's dilapidated and now resurfaced condition. Hey, if it weren't for bad roads, WI wouldn't have any at all! LMAO | ||
| Glitch |
OOooppss My bad, and my apologies. Just sounded sue happy like that guy. | ||
| Nevco1 |
Did I do something wrong??? When I had a similar crash'n'burn in 1993, the carrier that insured the bike paid for it and my medical insurance carrier paid for my helicopter ride and medical bills. In both cases, I ate the deductible. Isn't that how it is supposed to work? | ||
| M1combat |
That's exactly how it's supposed to work. The problem is when people decide that the world owes them a "life". Go get your own I say. | ||
| Court |
>>>Isn't that how it is supposed to work? Is it and it's logical. It's quite unfortunate that we, as a society have come to the the chance to live on the tit as eclipsing hard work and education. A good friend, riding buddy, took a shot a couple years ago. His wife, overjoyed with his injuries, made sure to get another friend of mine who is one of the best personal injury attorneys in the country. While he feigned injury for 16 months careful not to get filmed she painted a gory picture that fnially paid off in spades. You can guess the rest, they got a boat load of bucks, pissed it away and are presently looking for thier next free ride. Luck is on their side, their kids are just starting to drive. If Donna can just get clipped by an errant city truck while walking to school, they have it made. We are whores. Learn to ride you motorcycle. If you crash it, you suck. I'm about sued out for this lifetime. My grandfather's parents and siblings were killed when their vegtable truck was hit by a train in the early 20's. He lived in 16 orphanages before he started the fruit stand (Eudora, KS muitions plant) for the U.S. Army which he, 72 years later, sold for $871M as one of the larger grocery chains in the USA. I wonder if he ever thought about suing the Atchison, Topeka and the Santa Fe? If you have the time and ability to type it on the internet, pull your head out of your ass and grow up. Simply my opinion.... Court (That sound too Republican?) | ||
| Court |
By the way...you're off to a shitty start...proofread is one word. | ||
| Dynarider |
Now Im scared, myself & Court completely agree on this subject. Help me mommy!!  | ||
| Spiderman |
>>>>>>>>By the way...you're off to a shitty start...proofread is one word. LMAO An here I thought the Bad Web Was getting boring lately. |
