Post Accident Advice

[pennswoodsed]

Originally Posted by scooteraug02

A friend had an accident a year or two ago. The insurance company settlement was in three stages:

1. Your motorcycle. That was NADA value or there about. Even if it is your prize possession. The book says it is worth $XXXX.xx plus accessories and that is close to what you get. It doesn't matter that you changed the oil every 1000 miles and waxed it twice a day.

2. Your riding gear, helmet, boots, jacket, gloves, goggles etc.

3. Medical. My friend had a bruise knot on his leg and that was it so I can't tell you much about that.

Lawyer or no lawyer. Get the yellow pages out and call several or all the lawyers and ask questions and take notes. Most have websites with information you can learn from. Ask your doctor what he knows. He has probably had patients in accidents before and may have tips or information. Lawyers are like tournament fishermen. They'll look at your case, but if it isn't big enough it isn't worth their time.

Typical lawyer scenario. First meeting, you've been wronged I will save the day and get you a lot of money, give me a check for $XXX thousand dollars. Second meeting, well this isn't going well you should plan on getting only this. Third meeting we should settle for squat that's all your going to get.

My own experiences are mostly different , payment for vehicle is highly negotiable depending on condition . +- 30%
Your doctor may be a reliable source of referral to an attorney,but can be like asking a lion for a tiger reference.
The insurance company is going to run any sizable claim past their in house counsel ,op should have benefit of at least a consultation.
I find the Yellow Pages good for finding areas of practice,then checking on reputation(success) with research.
A Big display ad attorney making inflated promises should be expected to peter out when it comes to slogging it out.
Agreeing to anything should at least 24hrs thought.

Be Well,Ed

[scooteraug02]

The local paper had an article about insurance today. They mentioned Insurance Information Institute. Improving public understanding of insurance-what it does and how it works.

The article said some insurance doesn't cover contact with an animal, deer or dog etc.

Filing a Claim

Motorcycle Crashes

Informed Citizen: What to do in case of an Auto Accident

Steps to Take After an Auto Accident

At the Scene of an Accident

What should I do if I am having trouble settling my claim?

[wmax351]

Originally Posted by scooteraug02

A friend had an accident a year or two ago. The insurance company settlement was in three stages:

1. Your motorcycle. That was NADA value or there about. Even if it is your prize possession. The book says it is worth $XXXX.xx plus accessories and that is close to what you get. It doesn't matter that you changed the oil every 1000 miles and waxed it twice a day.

If you can show your bike is worth more than NADA, you are entitled to its value. They'll offer to settle, and you can take it if you want. If you are injured, you can get your money there. But if you aren't injured, you need to fight for what your bike is worth. Remember accessories too. Anything that the bike did not come from the factory with is an accessory. Panniers (even dealer installed), exhaust, seats, etc.

If you are uninjured (or trivially), you can do small claims court too. I did that on my crash. The judges there do not like when insurance jerks people around. I almost feel bad for the regional manager from AVIS rentacar who had to deal with the appeal that they filed after blowing off the initial hearing. Got full dealer repair costs, for new parts shipped from the fatherland. Although they couldn't object to the valuation, as they didn't show at the trial, I had a stack of craigslist ads, ebay listings, price guides, etc.

In particular, with older bikes, the bluebook means nothing.

[rustynut2]

Originally Posted by bbtech

I really appreciate all of the advice. I had my first follow up this morning and begin physical therapy tomorrow and looking at least a few weeks or so out of work. I also got a copy of the police report from the state police. I have made a file so that I can keep track of everything. I have no idea how I am going to get my bike to a shop to have it appraised for damage. It will have to be trailered and I am in no shape to do it at this point.

I'll take it to the adjuster if need be or a shop of your choice. Some pics might be enough from what you told me.
Let me know. John

[scooteraug02]

What about missed work. I haven't heard any information on that. Depending on the employer some guys would be let go if they can't work.

[SxyRdr]

Originally Posted by scooteraug02

What about missed work. I haven't heard any information on that. Depending on the employer some guys would be let go if they can't work.

I'd say check into FMLA.

[bbtech]

I have to say, since I started this post, I am just overwhelmed by the response and the amount of information I am taking from this. I am presently on FMLA but certainly feel a big pressure to return to work....no paycheck coming in presently and that cannot continue for much longer. I have another three weeks of recovery I need to have heal in less than 1 week else I am in trouble.

One thing that gets me is the people you encounter post accident who just assume you will never want to ride again and that you are doing something wrong just by being on a motorcycle, considered by many an inherently dangerous thing to do. I have no doubt I will get another bike and return to riding as soon as I am able.

Riding for me makes me feel like I am part of the wind and that I am doing something that should not be legal and is one of the few things that can put be a big fat smile on my face when I am all alone. How could I ever think of giving that up while I am able to do it?

[Tecumseh Kid]

I agree that you should try and work with your insurance company on a settlement before you go looking for a lawyer.
Several problems may arise though. There is a limit to how much the insurance company will negotiate on your behalf as it relates to pain and suffering and such. The insurance company is interested in making things whole but not collecting for negligence etc.
Additionally, lawyers only want to talk to other lawyers and the lawyer for the offending side may not talk to you directly, forcing you into getting a lawyer. Lawyers know how to justify and perpetuate their existence.

[bob393]

Dam glad your kind of OK.

SUV's still scare the crap out of me. And why are there drivers always on the cell phone?

I personally have never used a Lawyer and I don't know if I've gotten screwed or not but I just hate Lawyers.

Just keep track of ALL your bills for the insurance company!

[go2cnavy]

ALWAYS TAKE AN AMBULANCE RIDE!!!

This is the biggest lesson I have ever learned. Major accident in 2004... t-boned going through an intersection on a green light (in my truck).

Adrenaline kicked in --> felt no pain --> refused the ambulance ride. Three days later my back and neck were so bad that I had to go to the doctor.

I had to hire an attorney because the other driver's Insurance company lowballed me on a settlement since I was well enough after the accident to refuse medical care. Their initial offer, had I taken the bus ride, would have been substantially higher and I might have avoided the need for an atty.

[2handedSpey]

My advice?


Close this thread and ask that the mods simply remove it. You've had your advice now close 'er up and get an attorney.

End of thread.

[Human Ills]

Does ADV purge threads now?

[8thdwarf]

being from SoCal, the most litigious state in the U.S., IMHO is that you should seek legal counsel. Dealing with the Insurance companies by yourself, with out knowing the ropes, is like feeding a rabbit to a lion. you are clueless and they will take advantage of that fact. Best to find a personal injury attorney, all that work in this field will take this case on a contingent basis. which you don't pay anything until the case settles. If you don't know of any, go to your states bar association and get a list of ones that don't have a black mark against their names. If you have a name, ck with the bar association to make sure their legit...good luck and really glad you're around to tell this tale. could have been WAY worse....

[acesandeights]

Originally Posted by bbtech

Friday night, after dinner with the family I was riding home when an SUV decided it would be a good idea to Tbone me while I made left turn. My bike is in shambles and I got off with a concussion and severe knee strain (maybe worse) and other related bumps (lucky all things considered). The guy was cited by state police and was clearly in the wrong. I got out of the hospital later that night with 3 scripts, and . I have never been through this and so I am asking for advice on what I need to do. I did notify my insurance company who has assigned a claim number and adjuster but wondering if I should be making a claim on the other guys insurance or if I should be getting a lawyer. What do you guys think?

You should contact the other party's insurance, if your insurance carrier hasn't already. Depending on the coverage you carry on your own policy you may have coverage under your own policy for both medical and damages to the motorcycle.

Insurance is state specific, which means it's different in every state. When you get opinions, realize they're not only like assholes (everyone has one and most stink) but someone in another state may be speaking from a state-specific perspective. If you're in California, someone from outside California that hasn't been through the process really can't speak to what you'll experience.

I'd normally reply via PM, but I'm leaving town for a couple weeks and can't get too specific, so this is my opinion based on your post, only my opinion and in no way legal advice.

There are first-party coverages (those through your insurance) and third party (those through the at faultother party. If you carry first party coverage (collision/pip/medpay) you'll have coverage through your own insurance. This is usually quicker for the collision (collision is what it's called under your policy (first party), and property damage (third party) through the other party). Thing is, if you use your collision, your deductible will apply. It's contractual and there is no way around it; however it's typically reimbursed by the at fault party pretty quick.

For medical, things go a bit slower, which is good. Ask about statute of limitations related to injuries, and then realize you have time and just relax and get well. Things don't have to be rushed. There is no reason to call an attorney at the on-set. You have time, and that gives you power. When you turn it over to someone else, you lose it. If you have specific questions, PM me and I'll respond when I can (may be a while as I'm traveling for approximately two weeks).

[acesandeights]

Originally Posted by go2cnavy

ALWAYS TAKE AN AMBULANCE RIDE!!!

This is the biggest lesson I have ever learned. Major accident in 2004... t-boned going through an intersection on a green light (in my truck).

Adrenaline kicked in --> felt no pain --> refused the ambulance ride. Three days later my back and neck were so bad that I had to go to the doctor.

I had to hire an attorney because the other driver's Insurance company lowballed me on a settlement since I was well enough after the accident to refuse medical care. Their initial offer, had I taken the bus ride, would have been substantially higher and I might have avoided the need for an atty.

Poor advice and likely not true. You don't know their offer based on something that didn't happen (had you ridden in an ambulance) and as someone that's worked in the industry for years, it's just not true. An ambulance doesn't automatically add value. What it does do though is cost more, for your insurance company or whoever pays the bill.