Any legal minds?

[Guest tx2sturgis]

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!

 

One lesson for every rider here:

 

ALWAYS carry uninsured/underinsured motorist protection. Its the MOST important coverage you can have on a motorcycle, other than your medical coverage of course.

 

When I had my accident about 10 years ago, that was the one thing that bridged the gap between the coverage she had and what I needed to be whole again. Sure, my insurance had to pay that 20 grand...but thats why I was paying that premium.

 

Any lawyer who takes one of these cases on contigency will want to know that right up front, because its easy money for them.

 

My suggestion to Dan was to seek out an attorney who will draw up a letter on his letter head stating that his client will seek legal action if the case cannot be settled to his satisfaction. Just a 'threat' if you want to use that term.

 

Maybe that will motivate the insurance company to offer a higher settlement. And yes, he may have to pay a couple of hundred bucks to get this done. But since the attorneys he has talked to seem uninterested in a contingency, since there seems to be no money in it for them, this may be one way to attack the problem.

 

 

[autopilot]

From my experiences, attorney or not the best expected from the insurance company is going to be policy limits. They are not on the hook for anything past that. That said, if the situation warrants (and the person or their parent(s) [depending on age] financial situation will support it, then the lawyer is the only way to get any more money for anything! And yes, it'll take ~33% of whatever..to get it.

 

You may have to go to court; you may lose a fair amount of time, but it's the only other way short of dropping a dime on the guy and having Guido & Co. adjust his vision so he sees the situation properly, but I didn't say that!

 

Conversely, if there ain't no money or property to get at, the to be perfectly blunt, yer buttin' a stump!

 

 

 

 

 

Comments are not intended to advocate any violent solution to a problem, however, I would personally like to thank the person or persons responsible for killing the "nanner" smilly face...(I'm in your debt, but don't press your luck) Author does not advocate stump butting as a particularly bright activity and may cause some level of physical damage to the buttor. Author therefore accepts no responsibility for consequenses of attempting same.

[Jercoupe]

I guess Bev and I are just about to get into this but it may be too late to let you know what happened. Its been 3 weeks since we were hit and i havent heard a thing from the drivers ins company. Im buying my new Venture out of pocket and I have paid for a bunch of medical so far. Even though i didnt want to at first im beginning to think about handing it over to a lawyer myself.

[nowindinmyhair]

Ok my 5 cents.

 

Some people say: I cannot afford to get a lawyer

 

I heard a judge tell someone: You cannot afford to NOT get a lawyer.

 

Would you hire an electrician to fix your plumbing ?

 

Lawyers are expensive. But I always say that it is much cheaper to hire a lawyer to line up some ducks then it is to untangle a knot. Much more work in trying to wrangle with the knot.

 

Good luck !!

[Guest tx2sturgis]

I guess Bev and I are just about to get into this but it may be too late to let you know what happened. Its been 3 weeks since we were hit and i havent heard a thing from the drivers ins company. Im buying my new Venture out of pocket and I have paid for a bunch of medical so far. Even though i didnt want to at first im beginning to think about handing it over to a lawyer myself.

 

The other insurance company doesnt have to DO anything. They CAN make an offer, but most will just sit on it for awhile to see if you go away or give up. And yes, they are only on the hook for the policy limits. That is why you should carry uninsured/underinsured coverage. If the other driver who is at fault is 'judgement- proof', then you are looking at going after your own insurance for the un/under payment.

 

I had to get a lawyer in my case, because the insurance company was not responding to my calls. It was a generic company somewhere in New York, and the little 18 year old gal who hit me? She had nothing, living at home, driving daddys pickup. But guess what? Her dad was a local preacher...and not having anything to go after, and me not wanting to hold him to blame, that was a dead-end. He felt terrible about it, but that didnt pay my bills.

 

After the lawyer found out some info, and sent some letters, we got some action. Took awhile, but he did what had to be done, and also sent letters and made calls to get all the creditors off my back..hospitals, ambulances, wreckers...they all want their money NOW.

 

It sucks. But the best thing you can do, when you ride a motrcycle, is COVER YOUR ASS. Get and keep good insurance including the uninsured/underinsured coverage.