+1 I hired one of the high powered cycle accident attorneys after my crash in 2004 and they didn't do squat for me. All they did was talk me into taking the first offer from the other guy's insurance company. I had soft tissue injuries and they said that jury's are very stingy these days, especially without any major injuries, such as broken bones.

After the insurance company paid for my bike to get rebuilt and for my medical bills (which didn't matter to me anyways as my health insurance covered it to begin with,) I ended up with about 2 grand in my pocket.

Keep in mind that the attorney gets 33% of the TOTAL settlement, including the bike repairs and the medical bills. They would have ended up getting more than I did other than they had a policy that did not allow this. I actually received a buck more than the scheister.

You are not going to retire on the paltry settlement you are going to get, believe me. Good luck - and I mean that.

 

I'm not questioning the part about settlements varying, while I do think some get large sums of money under the right circumstances (or wrong/worse circumstances, depending how you look at it), I agree many people don't see big money, but hopefully enough to help them move on and recoup lost time, wages, etc.

However, the part of 33% of the 'total settlement' may not be correct in all states. Wouldn't that be a state thing? In my region, I'm pretty sure that the property damage is done as a courtesy, the atty has no vested interest in the property damage, but they help w/ negotiating the deal for you. Unless they take it to court, then they get a cut. But to simply help you negotiate the best deal on the property damage while they look to settle the medical, pain, suffering, etc., which they do get paid on. At least that's how it works around here.

So, AFAIK, as long as you settle the property out of court, the atty won't take a cut of that here...

And as for the medical bills, as I stated in my previous post, it's my understanding that if done properly, in some states anyway, if you run it through med ins, then your atty negotiates w/ your med ins to have them absorb his percentage into their end as part of recouping the money from the other driver's ins co., so theoretically, that may not come out of your end either. Of course you should ask these questions yourself to make sure applicable in your case. So while the atty gets a cut of that, if it doesn't come out of your end, I mean your med ins would get paid that money anyway, only diff is he gets some of it, more incentive for him, but costs you nothing.

So at the end of the day, theoretically, he gets a piece of the 'other damages' so to speak from your end, pain, suffering etc., which then seems more logical that you could come out ahead, or at least not behind, w/ less overall hassle.

Depends on the case, and the atty, to be sure, and I'm no expert, just sharing what I believe to be the case here...

 

Don't mean to be a thread stealer, but I've been going thru something similar...

I had an appointment with an injury attorney this afternoon and learned a few things :

- As mentioned in an earlier post, I learned that the insurance figure for a totalled bike isn't really negotiable. They have done their homework and made an offer. I stopped by the dealership where I bought my bike originally and told them what the offer was. They said it was more than fair. On a trade in most folks get about 10% of the cost of the add-ons, they were giving me about $1500, or more than 50%.

- The attorney suggested I have an MRI to check for possible problems that could have been missed in the ER or at the family doctor. We'll monitor my physical condition and deal with both involved insurance companies. I agree on this point...I don't want to have some surprise a few weeks or months down the road that a little preventative care and some testing may have avoided. He won't get involved in the material damages (bike) though he would offer advice if needed since they're not really negotiable as mentioned earlier.

- The attorney gets paid nothing unless there's a settlement. The settlement discussions will take place when no more medical attention or doctor visits are necessary. He will then contact the ins co with a figure and negotiate. This could take as long as 18 months, but it could be a lot quicker. He will receive 33% for an out of court settlement, 40% if it goes to court. I'm definitely not going to commit fraud for any financial gain. I just want to be sure everything is OK and my future health isn't at risk. I've had no back injuries in my past and have a pretty uneventful medical history. I don't want to start one now!!

- The attorney also advised me to check my insurance policies for underinsured/uninsured drivers and see if they were stacked with my other vehicle policies (the cars are stacked, the bike isn't). Stacking allows you to increase the maximum amounts of coverage by a factor of the number of vehicles insured in the event of a claim. For example, I have 50K - 100K insurance on each of the vehicles I own, 2 cages and 1 bike. I can receive a max of $50k on the bike policy if I'm injured since it isn't stacked with the other policies. If I were injured in either of the cages, I can get $100k because they're stacked ($50k x 2 - $100k). If all three are stacked, the coverage on the bike policy would be $50k x 3 = $ 150k. Good to know!!

- He also advised me to check on the limitations of the policy for medical expenses allowed. The amount on the bike policy is quite a bit lower than those of the cages. I may want to change my policies after some review. I believe the medical coverage on the bike should exceed that on the cages since the risk of bodily injury is so much greater.

- In response to some replies insinuating that I'm looking for a "payday" -- I'm not... I had a bike that I invested a lot of time and money into (as many of you on the forum have also) and it was taken from me by someone else. I want a fair settlement, but I see no harm in looking for a bit of a "silver lining" in this cloud. After all, I was not at fault in any way for what happened. I don't expect a new (more expensive) ride and $50k for my trouble, just a fair settlement.

All that being said, while I was at the stealership I asked them for some quick numbers on a Dyna model. I figured I would accept the insurance offer to total the bike, pay off the loan and use the remainer (just under $4k) as a down payment on a new bike. Basically I was told I could purchase a new Dyna Super Glide Custom and come out of the deal with a payment only about $30 a month more than what the Sporty payment was. Of course, I'm starting with a new loan and more payments, but I'd also have a new bike whereas the Sporty was used.

Then again, with the current state of the economy and slumping sales combined with the upcoming winter season, I could wait for a low mileage trade or an dealer incentive at a lower monthly payment...I could also consider buying back the Sporty as a project bike and use the balance as a down payment on a new ride...So many options!!!

I'll keep you posted...
-

 

Sorry to hear about your accident. I hope you recover well.

Be careful of the advice you get on the internet. People on the net might not know what they are doing. I can tell you one thing for sure, an attorney won't give you advice based on your story (internet people will though).

The attorney wants to see the police reports, medical reports and bills, talk to witnesses, estimates on the bike. If the expert needs to see all this stuff to give an opinion, what do you think the advice from internet people is worth.

Kind of like how I can describe an accident, and everyone on the internet can tell me if it's broken, but even a doctor wants to take X-rays and he or she is in the same room.

 

Had an auto accident a few yrs back. After 3yrs with an attorney we were finally compensated for the damages. I thought I could handle this myself but I found out real soon that the company wanted to settle and would not cover all the cost. I did pay out over 50K to make this thing go away with the assistance of an attorney. I did get a new auto, bills paid, attorney paid, and the satisfaction that the guy who didn't stop paid his share of what he did to me and my wife. All in all after that experience I will never talk to the other person's insurance, I will let the attorney do it for me.

 

Larry H Parker got me $1 million dollars!

 

Hope I'm not duplicating info but a lil perspective from a cop and from friends that have been in an accident.

1) As soon as an insurace company hears the words accident and or medical bills they take a chunk of money out and put in somewhere to start earning money. So when they pull 50 g's out and invest it....it turns into 75 g's or whatever. That way, several months/years down the road when its settled, they don't take it so hard in the shorts.

2) As a cop, unless you are dead or lost an arm or leg in the accident, the investigation is gonna be minimal. Cops don't determine who's at fault per se. If someone runs a red light and hits ya you can put two and two together but the LEO isn't gonna say its their fault. At least not in my jurisdiction. BUT, the civil side/insurance side, they know what caused the accident.

3) One of my best friends had a 80 yr old Q Tip pull out in front of him. Helmet saved him, broke his hip (pelvic ear fractured), totaled his $4000 jap bike. He was out of work for 2 months, out his bike, but recovered fully and is back on the streets fighting crime. This happened last summer, the end is in sight and he's looking at all medical being paid, lawyer being paid his 1/3, and he's gonna pocket about 50, give or take some change.

Get a good personal injury lawyer, ask around at the dealer, they'll know HD riders that are lawyers. They will jump all over it cuz they can relate. Suck it up, give them their cut of the take and get it done right. Stupid cagers. Good luck

 

Ask for a million dollars. See what they say.

 

twice medical is what we generally ask for.

 

Hi
At this time it is too early to enter into settlement negotiations. At this time you do not know if there are any underlying problems you may have as a result of the accident. I would wait at least 10+ months. Once your Drs have totally released you from treatment, then and only then should you even consider settlement. Let the adjuster know that you want to wait for a few more months before you discuss settlement. You may or may not need an attorney. If you have any permanent injuries as a result of the accident, you may want to make sure that you have funds for treatment of these injuries. In this case an attorney may be of some use. Although there are attorneys who do not charge for consultations, you may want to tap their brains before you settle. Losing time from riding is no big deal. I broke my wrist and was unable to ride for almost 4 months.