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Sue after accident?

CJF said:
I don't even agree with the first part.

Total non-issue unless the whole thing goes to civil (not criminal) court, and then all the way to trial without settling, which is highly unlikely. And even then, he'd be fine.
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This is all hypothetical but my understanding is if his tires are not DOT approved his bike was illegal to be on the road therefore the son would actually be the one at fault for the accident. Just like when people get rear ended with no insurance, they are at fault because they weren't supposed to be there. Again I'm no lawyer but this is my understanding.
 
WLDWUN said:
everyone seems to hate lawyers, yet most here are saying to get one right from the start :laughing:

suing is what you do after other avenues have been exhausted.
going right to a lawyer from the start is wrong in my opinion.
see what the insurance company does first and go from there.

and hope your son heals quick and soon.
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You don't have to sue if you have an attorney. Insurance companies are not going to be fair. They are going to try to spend as little money as possible for him to go away. They are structured to screw the people who try and negotiate a settlement without an attorney. Good representation means you get what you deserve and all of your medical and out of pocket expenses are repaid.

Within a few days, the insurance company will offer him some ridiculously low amount to settle, maybe even send him a check that has something printed in it about accepting this means you are settling for the amount on the check in tiny print.
 
72scoutman said:
This is all hypothetical but my understanding is if his tires are not DOT approved his bike was illegal to be on the road therefore the son would actually be the one at fault for the accident. Just like when people get rear ended with no insurance, they are at fault because they weren't supposed to be there. Again I'm no lawyer but this is my understanding.
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Yeah, I agree after thinking about it more.
 
BDK said:
You don't have to sue if you have an attorney. Insurance companies are not going to be fair. They are going to try to spend as little money as possible for him to go away. They are structured to screw the people who try and negotiate a settlement without an attorney. Good representation means you get what you deserve and all of your medical and out of pocket expenses are repaid.

Within a few days, the insurance company will offer him some ridiculously low amount to settle, maybe even send him a check that has something printed in it about accepting this means you are settling for the amount on the check in tiny print.
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^^^
Gets it.
 
Everyone saying to run to an attorney now is giving you bad advice. You have nothing to lose by sitting and waiting right now.

Sign with an attorney and they're gonna get their percentage. If the insurance company offers the policy's max payout what is an attorney going to do for you? Take his cut, that's what.
 
east_beast said:
Everyone saying to run to an attorney now is giving you bad advice. You have nothing to lose by sitting and waiting right now.

Sign with an attorney and they're gonna get their percentage. If the insurance company offers the policy's max payout what is an attorney going to do for you? Take his cut, that's what.
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My first offer from the insurance company was a few days after it occurred. They had no idea how bad I was hurt, they didn't care. They sent me a check for $3,000. Would not even have covered my ER bill.
 
east_beast said:
Everyone saying to run to an attorney now is giving you bad advice. You have nothing to lose by sitting and waiting right now.

Sign with an attorney and they're gonna get their percentage. If the insurance company offers the policy's max payout what is an attorney going to do for you? Take his cut, that's what.
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For a board full of DIY guys there is a lot of running to attorneys. If you can be calm, patient and persistent you don't need an attorney. Especially as east_beast said, if the other party is a loser and has minimal liability limits of coverage there may only be $25,000 or $50,000 coverage available and you just gave a third of it to the attorney.

Hunker down for the long haul, don't be afraid to decline 12 offers from the insurance company and argue your case for loss of income, medical expenses, pain and suffering and any diminished capacity. Just remember you will likely have to reimburse your health insurance company from any settlement. A little research and effort on your part and you can handle this. You can always get an attorney involved later in the game if you can't move the insurance company to an acceptable settlement.
 
BDK said:
My first offer from the insurance company was a few days after it occurred. They had no idea how bad I was hurt, they didn't care. They sent me a check for $3,000. Would not even have covered my ER bill.
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And you would've been crazy to accept it. Don't call an attorney right now doesn't mean sign a ridiculously low offer.
 
My sister is an attorney and recommended one when I had my bad crash which was my car vs. a dentist racing a Vilper around traffic and he spun into my line and I center punched the passenger rear B pillar at 55 in a stock Altima.

Once he was hired with no money out of pocket, he told me to send him every piece of mail, and not answer a single phone call.

Got more $ to cover my bills, and he earned his $ by getting more money.

Would do it again the same way. Took 18 months but was worth it to me.
 
Don't rush for a lawyer, you're giving up 1/3 of your claim to him.
First hear their offer and if you think it's fair, take it and keep 100%.
If you don't think it's fair, then hire lawyer and better hope lawyer can drive it up higher than the 30% he's gonna take from you.
 
I never have understood the rational of running to a lawyer before you even give them a chance to make it right...Ambulance chasing lawyers drive up everyones insurance rates and, goddamn, can they draw out the stupidest things.

I've filed a lawsuit one time in my life because I had to. However, I would really think twice before I did it again. That was a PIA for 5 years...Depositions, counter suits, hiring "experts"...jesus christ it sucked.

THE LAWYERS ARE THE ONLY WINNERS IN THE END!
 
Etyler2 said:
Lawyer. They work for a percentage and won’t cost you anything.

They will pay your medical bills out of the settlement, fight for lost wages, and a bunch of other stuff they’re trained to do on your behalf.

Don’t try it alone, the other parties’ lawyer is smarter than you.
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^^^^^
This
 
72scoutman said:
So no risk assumed, its everybody else's fault if your chosen mode of transportation and or recreation is more likely to get you injured or killed in what would otherwise be a fender bender?
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if somebody is at fault, they are AT FAULT. If I was struck by a car while walking, was it my fault that I wasnt in a car? If someone hits me in a semi while I am in a miata, is it my fault I wasnt in a tank?

dude you are smoking something. fault is fault.
 
fordguy said:
if somebody is at fault, they are AT FAULT. If I was struck by a car while walking, was it my fault that I wasnt in a car? If someone hits me in a semi while I am in a miata, is it my fault I wasnt in a tank?

dude you are smoking something. fault is fault.
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Here I thought you were a ford boy but I guess the miata is more your style:flipoff2:

Yes fault is fault and risk is risk, if you're at fault in an accident your insurance should pay medical bills, lost wages, replace or repair the vehicle, rental car whatever.....IMO it should not pay out millions of dollars for long term pain and suffering and all the rest of that pussy shit. It all started with one damn judge and hot McDonald's coffee, now every time any buddy gets hurt everyone wants to cry out "sue them" fuck that shit, suffer the consequences of your actions, be accountable.
 
72scoutman said:
Is the bike 100% street legal? As in tires and everything? If you lawyer up and it gets ugly count on it getting really ugly. As in "my client left plenty of room but due to the non DOT tires on the bike you hit my client because you were unable to stop in time". Yes there are many laws in place about yielding the right away and blah blah....still something to think about before you get too stern with it.

My opinion: You make a choice when throwing your leg over a bike on public roads with the idiots. If someone else is at fault in an accident you deserve to have your medical covered and bike repaired or replaced. Nothing more....no long term pain & suffering or any of that bullshit. Your son chose to take the risk and hopefully doesnt have a long term reminder.
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da faq????
you don't deserve to be made whole again because you choose to ride a moto???/

Thats the dumbest thing I've ever fucking heard. does the same go for if you own one of those little tiny ass cars and get hit by a big rig? you knew you'd be on the losing end of an accident, so, tough shit.

If someone else caused the accident and you get hurt, there's no reason what you drive should make a difference on that.
I bet you believe that if you have a house that burns down in a wildfire through no fault of your own because of someone else's mistake, well, that's just the way it goes because you should have know thats what can happen after all.
 
Surveyboy said:
da faq????
you don't deserve to be made whole again because you choose to ride a moto???/

Thats the dumbest thing I've ever fucking heard. does the same go for if you own one of those little tiny ass cars and get hit by a big rig? you knew you'd be on the losing end of an accident, so, tough shit.

If someone else caused the accident and you get hurt, there's no reason what you drive should make a difference on that.
I bet you believe that if you have a house that burns down in a wildfire through no fault of your own because of someone else's mistake, well, that's just the way it goes because you should have know thats what can happen after all.
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Being "made whole" should not be about some massive payout, it should be about making sure your bills are paid and vehicle repaired or replaced. As far as "pain and suffering" goes has money ever made anybody "whole again", nope sure hasnt.....not once. Doesnt matter how much it is.

Yeah the choice you make when purchasing a vehicle directly impacts the survivability of an accident. I choose to drive and have my kids and wife drive vehicles that are known to have safe ratings. Putting my family in a geo in a land of diesel pickups is asking for trouble, I'm smart enough to know that ahead of time. I chose to drop the sportbike when it came time for me to raise a family because I knew the risk I took every time I got on it. Like I said there is an amount of assumed risk in most everything we do.

Your house example is stupid at best but my insurance would replace my house and most of my things in a fire, no I sure wouldnt go after somebody to try and get a massive payout to be "made whole again". Its not morally right IMO obviously not a popular opinion but mine none the less. I guys if you guys could hand pick somebody to be in an at fault accident with it would be me:flipoff2:
 
Speedy said:
For a board full of DIY guys there is a lot of running to attorneys. If you can be calm, patient and persistent you don't need an attorney. Especially as east_beast said, if the other party is a loser and has minimal liability limits of coverage there may only be $25,000 or $50,000 coverage available and you just gave a third of it to the attorney.

Hunker down for the long haul, don't be afraid to decline 12 offers from the insurance company and argue your case for loss of income, medical expenses, pain and suffering and any diminished capacity. Just remember you will likely have to reimburse your health insurance company from any settlement. A little research and effort on your part and you can handle this. You can always get an attorney involved later in the game if you can't move the insurance company to an acceptable settlement.
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I just wonder if people realize that attorney is going to have to get them a 50% higher payout to cover his 33% cut?

That's the whole reason I say wait. You can read the insurance policies for yourself. You can find out for yourself if there's 50% of wiggle room to cover his cut.
 
east_beast said:
Everyone saying to run to an attorney now is giving you bad advice. You have nothing to lose by sitting and waiting right now.

Sign with an attorney and they're gonna get their percentage. If the insurance company offers the policy's max payout what is an attorney going to do for you? Take his cut, that's what.
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I’ll tell you my step sons story. He was hit by a drunk driver When he was 16. (In a friends car) His knee was messed up some what perminent. My wife went to a lawyer and did the 33 % thing. The lawyer settled for the max insurance of a 100 grand. Then later my wife found out that her insurance had a deal where it paid money for her son getting injured in someone else’s car. It was only 15 grand, but still it was nice. Guess what? The lawyer took 33% of that also. My wife was like “this is an automatic payout from her insurance”. The lawyer didn’t even have negotiate. He had in the fine print of his contract that he gets the third no matter where the money comes from. F him.
 
WaterH said:
I’ll tell you my step sons story. He was hit by a drunk driver When he was 16. (In a friends car) His knee was messed up some what perminent. My wife went to a lawyer and did the 33 % thing. The lawyer settled for the max insurance of a 100 grand. Then later my wife found out that her insurance had a deal where it paid money for her son getting injured in someone else’s car. It was only 15 grand, but still it was nice. Guess what? The lawyer took 33% of that also. My wife was like “this is an automatic payout from her insurance”. The lawyer didn’t even have negotiate. He had in the fine print of his contract that he gets the third no matter where the money comes from. F him.
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Welcome to the world of lawyers. Literally the only thing you're guaranteeing running straight to a lawyer and signing on the dotted line in a situation like this is that the lawyer is gonna get paid.

You have nothing to lose waiting to see what the insurance company is going to offer first.
 
72scoutman said:
Here I thought you were a ford boy but I guess the miata is more your style:flipoff2:

Yes fault is fault and risk is risk, if you're at fault in an accident your insurance should pay medical bills, lost wages, replace or repair the vehicle, rental car whatever.....IMO it should not pay out millions of dollars for long term pain and suffering and all the rest of that pussy shit. It all started with one damn judge and hot McDonald's coffee, now every time any buddy gets hurt everyone wants to cry out "sue them" fuck that shit, suffer the consequences of your actions, be accountable.
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Wtf are you on about? Being accountable and suffering the consequences of your actions would mean the person at fault should have to square up. If there’s long term damage they ought to pay for that.
 
Not sure if it's just here, but the lawyers I talked with in my case were in line for a third of whatever they got right off. Their costs then came out of the two thirds I had left. Court costs if it went that far, also came out of my piece. So potentially on a $30k settlement or judgement, you could easily end up with $10k or less on the lawyer contingency plan. Bigger cases can make it more worthwhile, but the lawyer's paralegal's salary could be coming entirely out of your settlement to make that happen (it's a "cost").

I'm with the "get better to the point that all the bills are in first", then hit up the at-fault's insurance with one number that covers it all, camp. Make sure you watch the calendar, if you don't start the collecting on it process within a year or two, you lose out entirely depending on state law.

And keep a notebook, every day you hurt, every Advil, everything you wanted to do but couldn't, every missed work hour, every ruined piece of clothing (helmet too), every receipt. Hope not to need it.
 
72scoutman said:
This is all hypothetical but my understanding is if his tires are not DOT approved his bike was illegal to be on the road therefore the son would actually be the one at fault for the accident. Just like when people get rear ended with no insurance, they are at fault because they weren't supposed to be there. Again I'm no lawyer but this is my understanding.
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Barring some absurd state law that's not how it works. Someone else's paperwork violation doesn't excuse your stupidity. Second, the paperwork violation is against the state, not against the other party in an accident so it wouldn't cancel out.
 
Spudwrench said:
Looking for experienced advice here.

thanks,
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Deep pockets.

Lawyers like deep pockets.

If the 'at fault' driver has no money, then retaining a lawyer benefits nobody.
Most drivers have no money, ergo, they have insurance.
Most really broke drivers have no money and no insurance, so you better have a good policy yourself.

When lawyers sue the insurance company, most often the max payout is the policy limit. So it benefits you to wait and see what the insurance company does, prior to contacting an attorney, as the attorney will take a big chunk of the settlement.
 
Speedy said:
For a board full of DIY guys there is a lot of running to attorneys. If you can be calm, patient and persistent you don't need an attorney. Especially as east_beast said, if the other party is a loser and has minimal liability limits of coverage there may only be $25,000 or $50,000 coverage available and you just gave a third of it to the attorney.

Hunker down for the long haul, don't be afraid to decline 12 offers from the insurance company and argue your case for loss of income, medical expenses, pain and suffering and any diminished capacity. Just remember you will likely have to reimburse your health insurance company from any settlement. A little research and effort on your part and you can handle this. You can always get an attorney involved later in the game if you can't move the insurance company to an acceptable settlement.
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Being a DIY guy has nothing to do with hiring a qualified professional when it makes sense to do so. An accountant, attorney, surgeon, mechanic, etc is worth it when you need them.
 
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