Down, possibly salvaged? need opinions!

[Love@FirstRide]

Re: Down, possibly savaged? need opinions!

So Although the other driver was issued the citation. His insurance company, 21st century, Is trying to say the accident was 50/50 so they don't have to fix my bike.... I'm already waiting for a call back from a lawyer tomorrow. My insurance says they closed the case already because i don't have collision which was another like 2000 a year.. but will talk to the other persons insurance tomorrow


I'm so mad this guy is trying to get away with this bull****. excuse my language but my insurance agent told me i might have to take him to small claims... why wouldn't he just let his insurance pay for it admit fault and not have to pay me 1000's later plus court.

 

[TownsendsFJR1300]

Re: Down, possibly savaged? need opinions!

Lawyer up ASAP. If you have ANY injuries, treat them, document them, etc.

I got (and since healed up and went away) a small scar on my leg (MC wreck 2 decades ago), got over $2,500 just for that...

Does the crash report show you partially at fault at all??

Or a contributing factor? if not, you have a great case...

**Re-reading your first post, you WERE in your designated lane and he made (admittedly) an improper lane change (that's how it would be wrote for down here). Blind spot or not, its his responsibility to make sure its safe to change lanes.. The Insurance company is simply jerking you around...

I worked wrecks like this and a lot worse for 25 + years..

 

[foxhounddown]

Re: Down, possibly savaged? need opinions!

So Although the other driver was issued the citation. His insurance company, 21st century, Is trying to say the accident was 50/50 so they don't have to fix my bike.... I'm already waiting for a call back from a lawyer tomorrow. My insurance says they closed the case already because i don't have collision which was another like 2000 a year.. but will talk to the other persons insurance tomorrow


I'm so mad this guy is trying to get away with this bull****. excuse my language but my insurance agent told me i might have to take him to small claims... why wouldn't he just let his insurance pay for it admit fault and not have to pay me 1000's later plus court.

Hey I commented a while back because I was in a similar case. In my accident, the lady's passenger opened a door and clipped my handlebar which ended up totaling my bike. She tried telling her insurance company that I swerved and fell and that she wasn't at fault and they were also trying to pin it 50/50. I called her insurance company and they had said that one of the witnesses (out of 2) agreed with her story although I didn't believe that. I called the witnesses back and none of them said that. I don't know if her insurance company was playing games or they misunderstood the witness, but after I called them back they agreed to send me the other 50% in a second check.

Now, a lawyer probably won't handle your case personally because there isn't much money in it compared to the cases they usually handle, but I don't see why he wouldn't give you some advice. Small claims is always an option (which I was gonna take if it didn't work out with the insurance company), and I think it's likely his insurance will give in if you tell them you're going to pursue their insured in small claims court. If he got a citation that helps a lot. If there's a whole police report, you might want to see if you can get your hands on that.

 

[Love@FirstRide]

Re: Down, possibly savaged? need opinions!

there is in fact a report and I have a copy. No witnesses(there were cop spoke to some but i guess they didn't want to be on record.) I've got the "Law Tigers" as my lawyer we shall see how this plays out.

 

[raja777m]

Re: Down, possibly savaged? need opinions!

there is in face a report and I have a copy. No witnesses(there were cop spoke to some but i guess they didn't want to be on record.) I've got the "Law Tigers" as my lawyer we shall see how this plays out.

I wish you good luck man.

 

[TownsendsFJR1300]

Re: Down, possibly savaged? need opinions!

Just the PHYSICAL EVIDENCE, location of the vehicles upon impact, NOT counting what the other driver said, are ALL IN YOUR FAVOR, PERIOD..

 

[Love@FirstRide]

Re: Down, possibly savaged? need opinions!

"Vehicle #1 turned into the main entrance of walmart from South Townsend avenue. Vehicle #2 was traveling directly behind Vehicle #1. Vehicle #1 made a movement as if he were going to complete a right turn, which made vehicle #2 go around Vehicle#1 and make a left turn. Vehicle #1 then completed a left turn and collided with vehicle #2 side to side. No injury sustained and moderate damage."

Is what the report says which is pretty much how it went i wish it specified more how he went 2 feet out of center lane going right before he hit parking lot traffic where he then decided to go left real quick..
says no witness but like i said before the officer talked to some people who saw the accident but their names were not included they were at a 4th of july fire works stand which is now long gone...

 

[TownsendsFJR1300]

Re: Down, possibly savaged? need opinions!

As you stated, he was in one lane(he's fine there). You go into your lane to proceed (your good there). He changes lanes WITHOUT LOOKING to see if its clear. It obviously isn't.

In the state of Florida (and apparently your state too as he was ticketed), its a clear cut "improper change of lane".

Witnesses should have been listed, BUT they may have heard and not seen the crash and weren't listed.

I wouldn't have listed them either, if that is the case.

Again, just the physical evidence, points of rest, etc, you didn't do ANYTHING WRONG, period.

That's my 2cts with just over 25 years Law Enforcement experience working auto crashes, MC crashes, fatalities, etc..


BTW, You may want to either speak with the officer or his supervisor and see why the "witnesses" aren't listed.. If they did indeed see something, an addendum to the original crash report can be added...

 

[Love@FirstRide]

Re: Down, possibly savaged? need opinions!

Thanks a lot Scott I really appreciate it. I'll call the officer(he gave me his card) and see about the heard/saw issue with the witnesses.

 

[Love@FirstRide]

Re: Down, possibly savaged? need opinions!

So apparently the only witness the officer said actually saw the accident was a young boy and he described what happened as far as what was written in the police report. I'm like damn.