Lawsuit yes or no

[Ohh Snap]

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

[kkim]

as a last resort, possibly, but certainly not the first step in settling a case betweeen two parties.


details?

[Alex]

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.

[Snake]

First see if the insurance will settle ot of court.

[capt_bugaloo]

Seems more like a question for a lawyer familiar with your case..?

[Neema12]

California law prohibits any award for pain & suffering in personal injury lawsuits like this

Just curious... why is take?

[jola]

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.

[Alex]

Originally Posted by Neema12

Just curious... why is take?

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:

Back in 1996, Californians tired of the effects of uninsured drivers on the system as a whole, overwhelmingly passed Proposition 213. Proposition 213 states that an injured driver must show the vehicle had liability insurance coverage at the time of an accident in order to collect "general damages" from the driver who was at fault for the accident. This applies even if the driver was not at fault in any way for the collision. Simply put, if you are involved in a car accident that was not your fault and suffered an injury as a result, and were either the owner or driver of the car that was not at fault, you must show there was liability insurance coverage on the car in order to be compensated for your "general damages". Under Proposition 213, passengers who are injured in an uninsured car that was not at fault in accident can still collect general damages in addition to economic damages, as long as they are not owners of the vehicle.

There is one exception to Proposition 213. This exception occurs when the driver of the "at fault" vehicle was under the influence of alcohol or drugs at the time of the accident. In a case like this one, the driver or owner of the car that was not at fault can still collect general damages even if the car was uninsured at the time of the car accident.

Proposition 213 was the subject of intense and protracted litigation surrounding its provisions at the time it was enacted. It is now settled law and applies to all personal injury car accident cases in California. Your personal injury attorney should be well versed with Prop 213, its provisions and the means by which it may affect your individual case. Car accidents are the most common means by which people suffer personal injuries Experienced personal injury attorneys, therefore, are expert at all phases of the car accident injury case as well as the laws surrounding such cases.

[Banzai]

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.

[smcbride11]

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.

[Nickds7]

Originally Posted by Banzai

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.

Agreed, the only person who can answer your question is an attorney. Speak to one.

[CC Cowboy]

Attorney, yes, lawsuit, you'll have to wait and see what the insurance company has to offer.

[nate-bama]

i would start dragging my foot while walking LOL

[Ohh Snap]

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.

[ztrack157]

Thats sucks. Are you going to get another bike? Whats your address so I can send you a bag of skittles?

[Nickds7]

Originally Posted by ztrack157

Whats your address so I can send you a bag of skittles?

What? lol.

[P1NDLESK1N]

Matt. I love skittles.

[ztrack157]

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.

[Ohh Snap]

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.