Damn that hurts (Update)
#1
02-06-2007 | 06:49 PM
Thread Starter
|
Road Captain
Joined: Oct 2006
Posts: 658
Likes: 23
From: South Florida
Damn that hurts (Update)
Well folks, I heard back from my insurance company today, and they said it's almost certain that they will call my bike a total loss. $24,000.00 is what I paid for the bike (2007 FLSTC)and their payout might be $20,000.00. A $4,000 loss on my part, for an accident that was NOT my fault?That's not even taking into considerationthe 6 weeks I will be unable to work, not to mention all the medical costs. I really did not want to hire an attorney, but sh#t, this is very disappointing. I was at my doctors office today for a follow up exam. Andwhile I was there I decided to discuss the accident with him, and what legal actions Imight be forced totake. He gives me the name of an attorney he knows, and then says, "You're getting ready to find out how the insurance laws are all stacked against you." Damn Politicians! What we think is black and white, fair and just, apparently ain't so. And to prove that, this afternoon when I asked the insuranceadjuster from Progressive why I'm taking a $4,000.00 hit for an accident that the police report clearly stated was not my fault, he said, " The police don't decide who's at fault here, We do." More updates to follow. Please ride Safe!
DJK
DJK
#2
02-06-2007 | 06:53 PM
Ultimate HDF Member
Joined: Dec 2006
Posts: 5,270
Likes: 0
RE: Damn that hurts (Update)
Glad your still doing ok. Get a motorcycle accident attorney!!! Dont even hesitate... Get well soon and remember, its your life and your pursuit of happiness at stake here.. The goof who hit you made an unsafe move.... Go get um tiger!!!!!
#3
02-06-2007 | 06:59 PM
Tourer
Joined: Oct 2006
Posts: 399
Likes: 0
From: Upstate NY, Land of Taxes
RE: Damn that hurts (Update)
Read this, seems like it may help you out
http://www.brainbucketmagazine.com/N...e/sid=414.html
http://www.brainbucketmagazine.com/N...e/sid=414.html
#5
02-06-2007 | 07:01 PM
Road Master
Joined: Jun 2005
Posts: 1,008
Likes: 5
From: Dogtown, Oakland, CA
RE: Damn that hurts (Update)
ORIGINAL: djkolp
...And to prove that, this afternoon when I asked the insurance adjuster from Progressive why I'm taking a $4,000.00 hit for an accident that the police report clearly stated was not my fault, he said, " The police don't decide who's at fault here, We do." More updates to follow. Please ride Safe!
DJK
...And to prove that, this afternoon when I asked the insurance adjuster from Progressive why I'm taking a $4,000.00 hit for an accident that the police report clearly stated was not my fault, he said, " The police don't decide who's at fault here, We do." More updates to follow. Please ride Safe!
DJK
some things you can do yourself. from the sound of it, this is not one of those thing. get a lawyer, or at least consult with one.
#6
02-06-2007 | 07:01 PM
Banned
Joined: Jan 2006
Posts: 17,265
Likes: 18
From: Los Angeles, CA
RE: Damn that hurts (Update)
I agree with skipit. I have always gotten an attorney who specializes in motorcycle accidents so I can recoup all my costs. It is the only way that I know of. My insurance never covered the price of teh bike new regardless of coverage. The attorney takes his pay off the top of the settlement...
#7
02-06-2007 | 07:12 PM
Extreme HDF Member
Joined: Apr 2006
Posts: 11,317
Likes: 11
From: Tucson, Az
RE: Damn that hurts (Update)
There are two kinds of law: criminal and civil. Criminal law pertains to crimes that are in violation of laws established. Traffic violations fall within the jurisdiction of criminal law even though they are considered misdemeanors. A person can be ticketed for violating traffic laws.
Civil law perains to laws of liability: who owes who under what circumstances. The best example I use to describe the differences is an open intersection. If two vehicles hit at an open intersection the police could ticket the vehicle on the left for "failure to yield right or way". That person would be be guilty of violating a criminal law. HOWEVER, in a civil court the vehicle on the right might be found equally negligent as both vehicles had the same responsibility and opportynity to see each other and avoid the accident. In this make believe case the person on the right might have their claim denied. Insurance companies have the obligation to determine as best they can what "would happen if this did go to a court of law".
It sounds to me that you're getting yourself worked up over nothing. You're also getting alot of knee jerk reactions from other people that don't really know how it works. You have to try and take your emotions out of the picture and look at it objectively. If, and this is a big if, your bike can be replaced with an exact model, in the same shape and mileage as your bike for $20,000.00 what's the problem? If it can be replaced for $19,500.00 how does that matter? Of course it is IF. Do your own shopping. Find out what it would cost to buy another bike like yours. Don't just find out the asking price. Get as close to the selling price as you can. You might find out they're right. If they're not you can tell them WHY they're not. In other words, you've done your shopping and you found bike A, B and C selling for X dollars and perhaps they can tell you where they came up with their price.
They will also owe you for any lost wages, medical expenses and also will owe you consideration for inconvenience, pain and suffering. They will require you to come up with documentation from your employer regarding lost wages and will need copies of all your medical bills and prescription bills. They might ask you to sign a medical authorization that will allow them to contact your doctor and pay for a narative medical report. That is perfectly o.k. You have nothing to hide.
Again as I stated in my previous post you can also retain the attorney the Doctor recommended and give him 1/3 of your money. For what it's worth, I don't know your doctor but if he said to you whatyou say hedid,it sounds like he and the attorney have something going on !!
PM me if I can answer any questions for you.
Civil law perains to laws of liability: who owes who under what circumstances. The best example I use to describe the differences is an open intersection. If two vehicles hit at an open intersection the police could ticket the vehicle on the left for "failure to yield right or way". That person would be be guilty of violating a criminal law. HOWEVER, in a civil court the vehicle on the right might be found equally negligent as both vehicles had the same responsibility and opportynity to see each other and avoid the accident. In this make believe case the person on the right might have their claim denied. Insurance companies have the obligation to determine as best they can what "would happen if this did go to a court of law".
It sounds to me that you're getting yourself worked up over nothing. You're also getting alot of knee jerk reactions from other people that don't really know how it works. You have to try and take your emotions out of the picture and look at it objectively. If, and this is a big if, your bike can be replaced with an exact model, in the same shape and mileage as your bike for $20,000.00 what's the problem? If it can be replaced for $19,500.00 how does that matter? Of course it is IF. Do your own shopping. Find out what it would cost to buy another bike like yours. Don't just find out the asking price. Get as close to the selling price as you can. You might find out they're right. If they're not you can tell them WHY they're not. In other words, you've done your shopping and you found bike A, B and C selling for X dollars and perhaps they can tell you where they came up with their price.
They will also owe you for any lost wages, medical expenses and also will owe you consideration for inconvenience, pain and suffering. They will require you to come up with documentation from your employer regarding lost wages and will need copies of all your medical bills and prescription bills. They might ask you to sign a medical authorization that will allow them to contact your doctor and pay for a narative medical report. That is perfectly o.k. You have nothing to hide.
Again as I stated in my previous post you can also retain the attorney the Doctor recommended and give him 1/3 of your money. For what it's worth, I don't know your doctor but if he said to you whatyou say hedid,it sounds like he and the attorney have something going on !!
PM me if I can answer any questions for you.
Trending Topics
#8
02-06-2007 | 07:15 PM
Thread Starter
|
Road Captain
Joined: Oct 2006
Posts: 658
Likes: 23
From: South Florida
RE: Damn that hurts (Update)
ORIGINAL: anubisss
I agree with skipit. I have always gotten an attorney who specializes in motorcycle accidents so I can recoup all my costs. It is the only way that I know of. My insurance never covered the price of teh bike new regardless of coverage. The attorney takes his pay off the top of the settlement...
I agree with skipit. I have always gotten an attorney who specializes in motorcycle accidents so I can recoup all my costs. It is the only way that I know of. My insurance never covered the price of teh bike new regardless of coverage. The attorney takes his pay off the top of the settlement...
Were you able to come out ahead, even with attorney's fees? I sure don't want to end up with a settlement of $30,000.00 only to give the lawyers $10,000.00. Basically netting me the $20,000.00 they offered in the first place. Considering that I have no other options at this point, I guess I will just have to find out. Thanks.
DJK
#9
02-06-2007 | 07:44 PM
Tourer
Joined: Sep 2006
Posts: 265
Likes: 0
From: Columbus, OH
RE: Damn that hurts (Update)
Something else to bare in mind; Progressive won't be losing, they'll get the money from the other guy's insurance. Now, if he (or she) is also Progressive, then you might have grounds for conflict of interest and be able to use the services of an Ombudsman. Finally, not to **** on your wheaties even more, if the perp is with Safe Auto, chances are good they only have $10,000 in coverage (or whatever your state minimum is) and your insurance will have to sue the person for the remainder.
It all sucks and I feel for you. It will be interesting to see how Progressive handles this though. Keep us posted.
It all sucks and I feel for you. It will be interesting to see how Progressive handles this though. Keep us posted.
#10
02-06-2007 | 11:52 PM
Road Master
Joined: Nov 2006
Posts: 806
Likes: 0
From:
RE: Damn that hurts (Update)
ORIGINAL: whaap
There are two kinds of law: criminal and civil. Criminal law pertains to crimes that are in violation of laws established. Traffic violations fall within the jurisdiction of criminal law even though they are considered misdemeanors. A person can be ticketed for violating traffic laws.
Civil law perains to laws of liability: who owes who under what circumstances. The best example I use to describe the differences is an open intersection. If two vehicles hit at an open intersection the police could ticket the vehicle on the left for "failure to yield right or way". That person would be be guilty of violating a criminal law. HOWEVER, in a civil court the vehicle on the right might be found equally negligent as both vehicles had the same responsibility and opportynity to see each other and avoid the accident. In this make believe case the person on the right might have their claim denied. Insurance companies have the obligation to determine as best they can what "would happen if this did go to a court of law".
It sounds to me that you're getting yourself worked up over nothing. You're also getting alot of knee jerk reactions from other people that don't really know how it works. You have to try and take your emotions out of the picture and look at it objectively. If, and this is a big if, your bike can be replaced with an exact model, in the same shape and mileage as your bike for $20,000.00 what's the problem? If it can be replaced for $19,500.00 how does that matter? Of course it is IF. Do your own shopping. Find out what it would cost to buy another bike like yours. Don't just find out the asking price. Get as close to the selling price as you can. You might find out they're right. If they're not you can tell them WHY they're not. In other words, you've done your shopping and you found bike A, B and C selling for X dollars and perhaps they can tell you where they came up with their price.
They will also owe you for any lost wages, medical expenses and also will owe you consideration for inconvenience, pain and suffering. They will require you to come up with documentation from your employer regarding lost wages and will need copies of all your medical bills and prescription bills. They might ask you to sign a medical authorization that will allow them to contact your doctor and pay for a narative medical report. That is perfectly o.k. You have nothing to hide.
Again as I stated in my previous post you can also retain the attorney the Doctor recommended and give him 1/3 of your money. For what it's worth, I don't know your doctor but if he said to you whatyou say hedid,it sounds like he and the attorney have something going on !!
PM me if I can answer any questions for you.
There are two kinds of law: criminal and civil. Criminal law pertains to crimes that are in violation of laws established. Traffic violations fall within the jurisdiction of criminal law even though they are considered misdemeanors. A person can be ticketed for violating traffic laws.
Civil law perains to laws of liability: who owes who under what circumstances. The best example I use to describe the differences is an open intersection. If two vehicles hit at an open intersection the police could ticket the vehicle on the left for "failure to yield right or way". That person would be be guilty of violating a criminal law. HOWEVER, in a civil court the vehicle on the right might be found equally negligent as both vehicles had the same responsibility and opportynity to see each other and avoid the accident. In this make believe case the person on the right might have their claim denied. Insurance companies have the obligation to determine as best they can what "would happen if this did go to a court of law".
It sounds to me that you're getting yourself worked up over nothing. You're also getting alot of knee jerk reactions from other people that don't really know how it works. You have to try and take your emotions out of the picture and look at it objectively. If, and this is a big if, your bike can be replaced with an exact model, in the same shape and mileage as your bike for $20,000.00 what's the problem? If it can be replaced for $19,500.00 how does that matter? Of course it is IF. Do your own shopping. Find out what it would cost to buy another bike like yours. Don't just find out the asking price. Get as close to the selling price as you can. You might find out they're right. If they're not you can tell them WHY they're not. In other words, you've done your shopping and you found bike A, B and C selling for X dollars and perhaps they can tell you where they came up with their price.
They will also owe you for any lost wages, medical expenses and also will owe you consideration for inconvenience, pain and suffering. They will require you to come up with documentation from your employer regarding lost wages and will need copies of all your medical bills and prescription bills. They might ask you to sign a medical authorization that will allow them to contact your doctor and pay for a narative medical report. That is perfectly o.k. You have nothing to hide.
Again as I stated in my previous post you can also retain the attorney the Doctor recommended and give him 1/3 of your money. For what it's worth, I don't know your doctor but if he said to you whatyou say hedid,it sounds like he and the attorney have something going on !!
PM me if I can answer any questions for you.
Sounds to me Whaap is the voice you need to hear and heed.