Any legal minds?

[Yammer Dan]

OK see if I can explain this. Some of you will remember my accident. End result is still haven't got settlement from the little Insurance he did have. Time is about to run out. My time frame expires June 14th they claim. 2 yrs from accident. Thing is no lawyer wants this. They say there is no money in it for them. I have gotten them to agree on the medical. They will pay full amount of their policy. And gotten the hospital down to pennies on the dollar. If I release them and the DRIVER from ANY other actions. Them I can understand but release him and he hits Powerball next week? They have not tried to make property settlement. I'm getting there with them but need time to work out kinks. Do I have to completely release him?? And I need to work on property. I want 4k for the "Blue Beast" She was famous wasn't she? And I want paid for all my gear that was cut off. Plus my helmet. I also lost 1500 hours of "Sick Leave" I had saved for Retirement trade. I think what I'm asking is, Do I have to release him completely and what do I have to do to get time extended quickly now. Just got my health Insurance ( which really took a hit on this to drop lein yesterday that would have taken almost all I could get. Now I've fooled around and got myself in bind trying to do this without lawyer. If I pay lawyer I won't come out with anything.

Should I try to get it extended or grab what I can?

And how do I get it extended??

[juggler]

OK see if I can explain this. Some of you will remember my accident. End result is still haven't got settlement from the little Insurance he did have. Time is about to run out. My time frame expires June 14th they claim. 2 yrs from accident. Thing is no lawyer wants this. They say there is no money in it for them. I have gotten them to agree on the medical. They will pay full amount of their policy. And gotten the hospital down to pennies on the dollar. If I release them and the DRIVER from ANY other actions. Them I can understand but release him and he hits Powerball next week? They have not tried to make property settlement. I'm getting there with them but need time to work out kinks. Do I have to completely release him?? And I need to work on property. I want 4k for the "Blue Beast" She was famous wasn't she? And I want paid for all my gear that was cut off. Plus my helmet. I also lost 1500 hours of "Sick Leave" I had saved for Retirement trade. I think what I'm asking is, Do I have to release him completely and what do I have to do to get time extended quickly now. Just got my health Insurance ( which really took a hit on this to drop lein yesterday that would have taken almost all I could get. Now I've fooled around and got myself in bind trying to do this without lawyer. If I pay lawyer I won't come out with anything.

Should I try to get it extended or grab what I can?

And how do I get it extended??

 

(IANAL) A settlement is by definition a resolution and therefore the end of the liabilities. Once both parties agree on a settlement there is no other action that can be taken unless that action is defined in the settlement terms. There are cases and case law that can invalidate a settlement if it can be proven that one of the parties entered into the settlement on false terms.

[MiCarl]

Well, I don't have a legal mind but I did stay at Holiday Inn Express.

 

As in any negotiation they are trying to give as little as they can just like you want to get as much as you can.

 

A settlement is supposed to be final. They want closure and to be reasonably sure you won' t be back next week.

 

You talk about getting "time extended". I assume you mean a deadline to pursue legal remedies. Any extension would be state specific, but my bet is if you don't hurry up and sue the train will leave the station.

 

How far apart are you? Is it 4K? More? Less? If it's 4K (or more) it might be worth paying a lawyer a couple hundred bucks to kick them in the pants. They don't want to go to court, lawyers cost them a lot of money too.

 

Probably smart to spend a couple hundred on an Attorney just to explore your options.

[BEER30]

Dan ,

Each state governs it's own insurance companies , I believe . Now your insurance company is only obligated to pay out in the amount of the policy you had . So is the insurance company the other guys has . Anything more will involve a day in court or legal binding arbitration .

Question is , Do you both have the same insurance company ? . If so , thats a tuffy , as they are playing both sides of the fence . Was the driver cited ? If so , get the DA behind you and take him to court . Look to see if there are programs that offer free legal counseling or advice . Also call some of the Law Schools & Universities that allow legal students and professors to practice law in the court .

I'm assuming that the Correctional Dept. where you work has a lawyer that may steer you towards the right direction , if you have asked already .

 

Just a thought .

BEER30

[Yammer Dan]

Difference is probally around 4k. I'll still be loosing big time and still don't have much of a leg. Looks like its going to force me to retire. Just want to make sure I don't loose what little I can get out of this.Different Insurances. His wis Sentry or Dairyland. A high-risk Insurance to began with.

[Guest tx2sturgis]

We all would like to help, but I'm not sure that getting free legal advise from a motorcycle website is really what you want to do.

 

I'd at least call a couple of lawyers and pay one a few hundred bucks to send out some letters, scare the other side into a higher offer. You might get the lawyer to give you some advise during your visit.

 

Good luck.

 

 

[Yammer Dan]

Just the fact it is coming down to 3 weeks left and I got to get it done or get extenision. Bout to drive me nuts!!

[Guest bsreg]

1st question... Did you have uninsured/underinsured coverage via your own carrier?

2nd question....What state are you both from?

3rd question... Is their adjuster attempting to put blame toward you in the accident or was it a clear cut and dry HE DID it accident?

 

 

IF you have uninsured/underinsured coverage this coverage will cover to its limits what the others exceeds the other guys insurance.

 

 

Rules vary from state to state. For the last 23 years I have trained agents and adjusters. I am a state approved insurance instructor and have help create modal laws in many states in order to make insurance uniform across the country. My company does the prelicensing course and the continuing education courses required by many of the states...

[Squidley]

Dan,

Get a counsult with an attorney and see what you options are. It would more than likely be a couple hundred bucks but the advise you will get will be the law and not speculation. I agree with getting the DA involved and seeing what options are available there.

[Russ]

I'd say definately seek a legal consultation as soon as possible. try http://www.lawinfo.com/ to find a lawyer. get yourself a good ambulance chaser involved in it. most of them won't ask for anything unless you get a settlement. Good luck!

[DragonRider]

Dan, dont waste any more time talking to the insurance companies, get yourself a lawyer and put it in his hands............It may take a while, but you will be better off with them handling it...........Dont hesitate any more..........make the call.............NOW!!!!!!

 

 

[Sweetnothing]

Dan,

Get a lawyer and have him add his fees to your settlement ammount. This way you don't loose any more than you already have! Then you can put this all in the past!

[Redneck]

Dan go to your local law library and talk to the librarian they know more than most lawyers. If I were you I would make a list of questions and pay a lawyer for an hours time to answer them.

[cmiles3]

Three choices:

Hire a lawyer- you pay, you call the shots and take your chances. It will cost more than $4,000. Contingency fees typically are 1/3 of the settlement after expenses, if they don't go to court, or 1/2 the settlement if they go to court. Sounds like none of the PI lawyers want to take your case? Lawyers cost money, but can add a lot of value if the insurance company is not reasonable. If you go to court, you'll lose without a lawyer. If your insurance company didn't offer to represent you, you will have to pay out of pocket.

 

Accept the settlement. They won't pay unless you sign the release, which is just that- no further liability. Did they offer cash for pain & suffering, as well as for your medical expenses and property losses? A lawyer could tell you what you should expect from this part and the other parts of the settlement.

 

Don't accept the settlement and don't hire a lawyer, rely on the good faith of the insurance company. That's the course of action you've taken so far, and what have you got? You'll get more of the same if you don't go with plan A or plan B. They're counting on you letting the court option slip past the deadline, after which they'll drop their settlement offer, and continue to stall until you give up. This is one method how insurance companies control their costs.

[Freebird]

You really do need a lawyer. I had a situation many years ago that was similar except that their insurance company was eager to settle. They ended up agreeing to a settlement that left the medical open for another 5 years.

[sarges46]

Dan

 

On another note, should you get enough money back, will your work let you buy back the sick time?

 

My place will....that could restore your "retirement" a little.

[BuddyRich]

Tough one Dan. I take he has nothing & owes everybody in the world, so the lawyers don't see any money in it for anybody.

[Skid]

Get a Lawyer......

[Guest tx2sturgis]

If you DO hire a PI lawyer, tell him you have X offer on the table already, so whatever he can get over offer X, he gets his cut out of that, not what you can get without his help....this may have him saying no, but you dont want to LOSE money on this deal.

 

Speaking of free legal advise, have you heard of the radio program Handel on the Law?

 

http://www.handelonthelaw.com/RadioQuestions.aspx

 

What have you got to lose by asking the experts?

 

 

[Condor]

Just my 2¢, for what it's worth. I believe the time limitation is when you need to start some sort of legal action, or the insurance company settles the claim. Once legal action is started it could drag on for years. This will cost the insurance company more than it will you. You might even think about small claims court. I don't know if it'll count, but it is a legal action. If you do win a judgement you can hound the guy until the amount is satisfied. Attach his wages, bank accounts, property, etc. Might be something to look into with a lawyer??? I can't believe that you're only $4K apart and they won't budge. Maybe instead of butting heads you might consider a little less??? Just a thought???? You might also ask the insurance company if an Arbitor could settle your differences.

[Yammer Dan]

I have asked all the hot-shot lawyers around here and I hear "There is not enough money in it for us" So all the commercials on TV are Lies." We were from the same state and my wife made the mistake of calling my Insurance on the phone to ask about underinsured just after the accident. We we showed up ther they have a computer printout with my intials that say I turned down underinsured. NO WAY! i guess take what I can get and run is one option but if I sign that release I can't sue him and what I get will go to clear some of the medical bills that my Insurance didn't pay. Think I'm going to try to find a lawyer that will just talk to me and explain this mess to him. I know I'm not going to come out ahead in it but would like to clear up the medical bills left over my head. Can't get them to make offer on property guess they figure bike wasn't worth anything. And yeah he has nothing but his crack pipe and probally never will but I just can't stand the thought of him just walking free. Rick they will let me buy time back there is just not going to be any money for it. just going to have to accept that when you mess with these people you never come out ahead. Sorry for whining so much. This thing is going to force me to retire and I DON'T WANT TO. Guess it just got me a little upset. Thanks for listening.

[BuddyRich]

Think Motorcycle repair shop?

Good luck with it Dan.

[Ozark]

Dan, I agree with the consensus of the group. Get a lawyer. It's a great big fraternity of judges, lawyers, and insurance companies out there. A few dollars for consultation at the least. For what it's worth, I think you can release the insurance company from any further liability and still file suit against the individual. I don't have a law degree and my case wasn't like yours, but I let my insurance company go after the other guy once it was proven to be his fault. Good Luck, you deserve some for a change.

[BEER30]

The insurance company does not want the insured to file a lawsuit . Being if the victim files a lawsuit against the the defendant , then the insurance company cannot file claim against them as it would become "Double Jeopardy" , I think . The insurance company want themselves to place a lawsuit against the defendant so they can suck the blood out of a turnip to recover THEIR lose . They do not care if the victim recovers their loses .

Back when I had my accident , I did settle on the vehicle , but not on my medical or to release the drunk hit-n-run driver . As I was being treated by my Dr. whom really never put a proper diagnosis on me , the insurance company told me they were going to cut my medical from me . I wrote the Ins. company a nice letter saying that it's notmy fault that the Dr. has not come to a conclusion and I will still remain going to Dr.'s till I get a proper diagnosis and they will still remain paying for it . If they did not continue paying for my medical , I will construe this as an "ACT OF BAD FAITH" ....... Now that got their attention ! The Ins. companies hate them words and they continued paying for my medical .

Now I did go to court , I receive the limits of the policy on both mine and the other party plus 10 years of medical at no $ limit . Even the judge ruled in his judgment that the other party did act in BAD FAITH in his ruling . They were going to appeal , but I suspected something like this was going to happen , so I had my attorney draw up papers in advance to serve while in court of BAD FAITH claim . So they settled out of court at a much higher settlement to avoid embarrassment to the insurance company and the drunk driver , whom still served jail time for his mistake .

 

BEER30

[Animal]

First get a real lawyer not one of those who advertise on TV they are only out for the easy quick money!!!!

 

Remember 66% of something is better than 100% of NOTHING!!!

 

 

Good Luck