Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
I dunno what the California situation is but certainly it depends what your own insurance situation is. If you have legal cover etc. e.g. When I got knocked off my bike I had legal cover from British Cycling, thankfully I didn't need it as the other party didn't contest my version of events. But if they did I would have needed them as if the driver had said "wasn't me, wasn't there, even if I was didn't happen like that" they you really need a lawyer to put that to the test.
Some years ago I was involved in a minor prang in a supermarket car park, someone ran into the back of me. At first the other driver admitted fault, but then changed their mind to say I reversed into them. Thankfully I had a no-win-no-fee solicitors on my side who proceeded to poke giant holes through the other drivers story, I couldn't have done that on my own and would have ended up having to settle for a 50/50 claim - meaning loss of no claims bonus etc.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
Quote:
Originally Posted by schmenke
Quote:
Originally Posted by Mr Alca-Tazizzle
...I lawyered up today. :smokin: :angel:
???
Is personal liability insurance not mandatory where you are Taz?
Yes it is! However:
"If you're injured in a car accident due to another driver's negligence, there is no guarantee your medical bills will be covered by that driver's car insurance company; or, if you are paid, that you will be justly compensated.
Insurance companies and their legal teams are well versed on how to minimize settlements claims in bodily injury cases, putting you at a decided disadvantage if you attempt to challenge them on your own."
Since I bought my Aprilia new, outright, were talking 14 G's on the barrel head I’m only required to carry minimum liability insurance, since there is no lending institution holding the title. If financed than of course you are required to carry comprehensive insurance by that institution. Being that I only carry liability the chances are quite good that my insurer will not want to dedicate all its resources to getting me as compensated as a good sleaze ball attorney working on a 33% contingency fee. That makes me feel more comfortable that I have someone fighting for me as vigorously as possible.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
Quote:
Originally Posted by schmenke
Quote:
Originally Posted by Mr Alca-Tazizzle
...I lawyered up today. :smokin: :angel:
???
Is personal liability insurance not mandatory where you are Taz?
Around here personal lawsuits against another insured driver is not permitted. That’s what the insurance is for.
Assuming the insurance company pays a fair amount. Usually they try and avoid paying, preferably anything, but "fair" isn't in their vocabulary.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
Too all of you that suggested that I not exercise so intensely over as long of a duration so soon as my dr. suggested, I just want to say I am currently in your camp. I respect the shit out of this Tiger Mum DO. But I think one of two things:
1) Even though her medical degrees are from prestigious US Med Inst. Her communication skills to a reasonably well educated fully anglicized Southern California American really suck. Because I just don't think she understood what light duty means in my field, and I thought I explained that to her well enough.
2) She is actually brilliant and feels that I will be really glad when I'm in my 70's and 80's, and that I needed the pain at this time in my 59 year old life in order to have a fully functioning original knee when I’m old ;) because we kept the blood flowing or something. Right now I've been off pain killers for two days and I really just hate her at the moment OK?! ;( :laugh:
BTW accident report should be in by the end of the week, but it is really all academic
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
Draw a picture of the doc and stick pins in it :bones: . It won't do her any harm at all but imagining it does will do your anger the world of good. :)
On a more serious note I hope you recover quickly and your lawyer does his/her stuff to maximum effect.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
I mentioned at the beginning of this thread that I would post pics of my bike after the accident. They are not very dramatic but here are a few:
http://i.imgur.com/oG8fQJX.jpg
http://i.imgur.com/RricM6D.jpg
http://i.imgur.com/sj0I6Cz.jpg
What I didn't take a picture of is the broken frame which is on opposite side of this pic.
http://i.imgur.com/P1XoDg7.jpg
The gas tank is also cracked, as well as the housing of the headlight has a large piece torn off that has exposed that portion of the electronics that are very advanced on this bike. The insurance adjuster is coming to look at it Monday.
At any rate the police report wasn't submitted until Jan 3rd, in my favor of course. That is a full month after the event Dec. 4th; however my law suit has really gotten legs this week. I'm not trying to hang the guy, just get my hospital bills paid, and some money for my "inconvenience." I don't know if it is a good thing that my law firm can't take any money awarded to me for personal property loss, because I'm a little concerned how hard they will fight for the full value of my bike. It is 4 years old but only has 11,400 miles on it. Either way I'm upgrading even if I have to dig into my own pocket.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
I don't know how it works in your neck of the woods, but I reckon you are due your medical costs, the bikes repair costs or replacement value (As you say the low mileage adds to its value), your "inconvenience" (the tangible things like lost earnings and having to use taxis to get about), and finally there's "Pain and suffering". Is your lawyer paid a percentage of what he wins? Good luck anyway.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
As a nurse with many years orthopaedic theatre experience, including rehabilitating things like total knee and hip replacements, I can confidently say that your Doc isn't being a Bastard for the fun of it :-)
I hope you get up and at 'em soon, Vic, and nail the Stoopid cage pilot's arse to his forehead.
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
Quote:
Originally Posted by D-Type
I don't know how it works in your neck of the woods, but I reckon you are due your medical costs, the bikes repair costs or replacement value (As you say the low mileage adds to its value), your "inconvenience" (the tangible things like lost earnings and having to use taxis to get about), and finally there's "Pain and suffering". Is your lawyer paid a percentage of what he wins? Good luck anyway.
Yep, pretty much how it works; at least under UK law (expect is the same in the US) you're entitled to be put back in the position you were in before, plus any out of pocket expenses, but not usually for your time in dealing with the repair etc unless you want to be very insistent!
But you are under an obligation to minimize losses, so for example if you got to work by cycling then hiring another bicycle would be reasonable, hiring a 5 series BMW would not ;)
Re: GOT CLOCKED PRETTY WELL BY SOME mORON WHILE RIDING MY SC
Quote:
Originally Posted by Mark
Quote:
Originally Posted by D-Type
I don't know how it works in your neck of the woods, but I reckon you are due your medical costs, the bikes repair costs or replacement value (As you say the low mileage adds to its value), your "inconvenience" (the tangible things like lost earnings and having to use taxis to get about), and finally there's "Pain and suffering". Is your lawyer paid a percentage of what he wins? Good luck anyway.
Yep, pretty much how it works; at least under UK law (expect is the same in the US) you're entitled to be put back in the position you were in before, plus any out of pocket expenses, but not usually for your time in dealing with the repair etc unless you want to be very insistent!
But you are under an obligation to minimize losses, so for example if you got to work by cycling then hiring another bicycle would be reasonable, hiring a 5 series BMW would not ;)
That is pretty much spot on Mark. I don't need a loaner as I have another vehicle. It is however a Toyota Tundra 4.7l V8, a real gas guzzler. I generally only use it for the types of utilitarian purposes it was designed for, or of course when it rains which is not much here. Right now it is definitely putting a ding in my gasoline budget. To be honest I don't think I could ride a motorcycle anyway due to the limited mobility in my right knee, and the uselessness of my right thumb, which is my major concern and needs to be taken into consideration if it is not 100% at the time of the settlement.
