June 23rd, 2009, 04:34 PM | #1 |
420 President
Name: John
Location: SoCal 818
Join Date: Jun 2009 Motorcycle(s): 09 Ninja grass color Posts: 96
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Lawsuit yes or no
Someone pointed me in a lawsuit direction.
Just had an accident recently, left me with some nasty road rash, pain, ER bill, and yeah. Anyone been in a similar situation? Thursday someone will meet up with me for further details. Thanks |
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June 23rd, 2009, 04:40 PM | #2 |
Join Date: Nov 2008 Posts: Too much.
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as a last resort, possibly, but certainly not the first step in settling a case betweeen two parties.
details? |
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June 23rd, 2009, 04:42 PM | #3 |
ninjette.org dude
Name: 1 guess :-)
Location: SF Bay Area
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What insurance coverage did you have? Only reason I ask is that if you weren't carrying legal insurance at the time, California law prohibits any award for pain & suffering in personal injury lawsuits like this, and that could make a difference between deciding if its worth it or not.
If you were carrying legal insurance, and you feel you're not being treated fairly by the responsible party's insurance, then a lawsuit may be appropriate.
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June 23rd, 2009, 04:44 PM | #4 |
ninjette.org certified postwhore
Name: Rick
Location: Alexandria, Louisiana
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First see if the insurance will settle ot of court.
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June 23rd, 2009, 08:49 PM | #5 |
motorcycle rider
Name: Bruce
Location: Victoria, BC
Join Date: Apr 2009 Motorcycle(s): '14 Yamaha V-Star 650 Custom (silver) Posts: A lot.
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Seems more like a question for a lawyer familiar with your case..?
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June 23rd, 2009, 09:03 PM | #6 | |
ninjette.org member
Name: Neema
Location: San Jose, CA
Join Date: Jun 2009 Motorcycle(s): 2002 Ninja 250 Posts: 66
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Quote:
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June 23rd, 2009, 09:07 PM | #7 |
ninjette.org member
Name: Joe
Location: North Dakota
Join Date: Jun 2009 Motorcycle(s): 2000 Ninja 250R Posts: 68
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If you aren't compensated justly by the offending party's insurance then you should absolutely sue. Don't look to get rich, just to correct the situation that has befallen you.
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June 23rd, 2009, 09:20 PM | #8 | |
ninjette.org dude
Name: 1 guess :-)
Location: SF Bay Area
Join Date: Jun 2008 Motorcycle(s): '13 Ninja 300 (white, the fastest color!), '13 R1200RT, '14 CRF250L, '12 TT-R125LE Posts: Too much.
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Search for "california proposition 213", there's a ton of stuff on Google. It was passed back in 1996, as basically another penalty for driving illegally (uninsured). If you do not have legal insurance, and are involved in an accident, even if it is 100% somebody else's fault, you cannot sue for pain & suffering or any additional damages other than your direct costs due to that accident. One quote from here sums it up pretty well:
Quote:
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June 24th, 2009, 09:32 AM | #9 |
Psychic war veteran
Name: Thomas
Location: Norfolk, VA
Join Date: May 2009 Motorcycle(s): Kawi Green '09 Ninja ZX6R Posts: 663
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Experienced personal injury attorneys, therefore, are expert at all phases of the car accident injury case as well as the laws surrounding such cases.
That statement alone seems to answer the question of the OP.
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June 24th, 2009, 11:57 AM | #10 |
ninjette.org member
Name: Steve
Location: Providence, RI
Join Date: Feb 2009 Motorcycle(s): '95 BMW K75 Posts: 188
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Personally, I don't think it's worth it, but I also don't know what your medical out of pocket is.
From reading your thread, I don't think you'll get much of an award (if any), if you and the old guy were traveling in the same direction - there's just too much risk mitigation that *could* have happened that didn't (and I'm not trying to talk down to you at all, I'm just giving an unbiased opinion). I just think that in this case the fees will outweigh the award. Having said all that, though - it never hurts to talk to a good attorney. |
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June 24th, 2009, 02:42 PM | #11 |
ninjette.org guru
Name: Nick
Location: Sacramento, California.
Join Date: Apr 2009 Motorcycle(s): 2009 Ninja 250r Posts: 379
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Agreed, the only person who can answer your question is an attorney. Speak to one.
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June 24th, 2009, 03:42 PM | #12 |
ninjette.org certified postwhore
Name: Whodat
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Attorney, yes, lawsuit, you'll have to wait and see what the insurance company has to offer.
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June 25th, 2009, 06:49 PM | #13 |
North Alabama Mtn. ryder
Name: Nate
Location: Alabama
Join Date: May 2009 Motorcycle(s): 2006 Posts: 537
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i would start dragging my foot while walking LOL
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June 25th, 2009, 09:21 PM | #14 |
420 President
Name: John
Location: SoCal 818
Join Date: Jun 2009 Motorcycle(s): 09 Ninja grass color Posts: 96
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I am because it hurts.
UPDATE: Insurance totaled my bike. They offered $4166 or $2336 and i get to keep it and fix it, with a salvage title. No Thanks. That through his insurance. Now i called mine, and they said that they should have no problem paying how much i payed for, $4860 OTD+ $300 extended warranty (which i canceled). I called back his insurance, and told them that its a brand new bike, 560 miles, and that is way to low, and she told me to fax her the bill of sale, so she can see that i payed $5200OTD. And she said she will forward it with the manager, and that they want to work with me and stuff. Ok. My lawyer told me that he thinks it shouldn't be a problem to get the full amount for it. Also will start going to the doctor, no work, so i'll have to get reimbursed for that and for the time i didn't have my bike, also my helmet, and my gloves, and the ER bill, and prob other couple of things. I don't know if i missed something but more coming soon. My bike is totaled, im sad. EDIT: I didn't even get a chance to show you guys my new Zero Gravity Double Bubble . Well it looks nice. |
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June 25th, 2009, 09:49 PM | #15 |
The Sportisi Master
Name: Matt
Location: Chico
Join Date: May 2009 Motorcycle(s): 2008 Ninja 250 Posts: A lot.
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Thats sucks. Are you going to get another bike? Whats your address so I can send you a bag of skittles?
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June 25th, 2009, 10:30 PM | #16 |
ninjette.org guru
Name: Nick
Location: Sacramento, California.
Join Date: Apr 2009 Motorcycle(s): 2009 Ninja 250r Posts: 379
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June 25th, 2009, 10:33 PM | #17 |
ninjette.org member
Name: Dario
Location: Suffolk County, NY
Join Date: Jan 2009 Motorcycle(s): 2015 Ninja 300 (Sold), 2016 Z1000 Posts: 239
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Matt. I love skittles.
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June 25th, 2009, 10:35 PM | #18 |
The Sportisi Master
Name: Matt
Location: Chico
Join Date: May 2009 Motorcycle(s): 2008 Ninja 250 Posts: A lot.
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Oh everyone who buys an exhaust in my gb gets a bags of skittles. He's still on the buy list until he gets another bike. I figured the skittles would help come his nerves.
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Sportisimoto USA is born. |
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June 28th, 2009, 04:51 PM | #19 |
420 President
Name: John
Location: SoCal 818
Join Date: Jun 2009 Motorcycle(s): 09 Ninja grass color Posts: 96
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haah thanks for that very kind of you.
yes i plan on getting another one, not sure if used or new yet, and not sure if an 08 or a 09. i got my LED Taillight today and made me sad i have no use of it right now. oh well on Monday i will find out how much they will give me for my bike, again. |
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