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Old 06-29-2011, 05:33 AM   #126
Joined: Jul 2010
Oddometer: 39
Consult an attorney specializing in Product Liability

Every single thing you stated in your last post is correct, Antiquewidow. The speculation and accusations here are irrelevant. This should never have happened, particularly to a middle-aged woman, gently cruising along on her brand new motorcycle, one specifically marketed as an off-road, dual-sport adventure bike.

I'll state this again.....If you have not yet spoken to one, I would urge you to consult with a product liability attorney. Speak to your family attorney (if you have one) and they will refer you to a specialist in this field of the law. They will not charge you up front, they are compensated when they recover for your damages.

Speaking from experience, something like this will likely not go to court, it will settle prior to suit being filed. The cost of litigation (doing an investigation, mounting a defense, hiring experts, taking depositions, etc.) in product liability cases can run into the tens/hundreds of thousands of dollars. I can assure you, any insurance company claims manager will see this claim as a "loser" and settle quickly.

Insurance companies, or self-insured entities (perhaps BMW is self-insured), and their attorneys routinely evaluate claims, take into consideration the extent of the injuries (forgive me for assuming your injuries are not that serious, they could have been a lot worse), realize the obvious liability, the lack of contributory negligence on your part, the huge financial exposure to their client and then weigh the costs involved in defending such a case. It would not be in their client's best interest to undertake such a defense. It's a simple cost/benefit analysis.

The people who criticize others for hiring an attorney and pursuing a claim, when injured as the result of someone else's negligence, are always the first to retain an attorney themselves when they, or any member of their own family, are wronged. I've seen it happen hundreds of times. Don't listen to that kind of advice, that's what insurance companies and manufacturers like to hear. Protect yourself.
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