Topic: I got hit, what to do?

[Bobbo Snap]

Hey everyone,

This morning I was hit by a car while riding my '74 cb550. Luckily I wasn't hurt badly, I have some bruises, scrapes, and soreness but nothing's broken. My bike, on the other hand, suffered some significant damage and is no longer rideable. I declined the trip to the E.R. when the paramedics came but now I'm considering going to the doc to get checked out just in case (my helmet got knocked clean off). I'd also really like some compensation for my wrecked bike. It was totally the other driver's fault but I'm not sure how much I can expect to get from her insurance. The bike is probably worth about $2500 but It's worth a lot more to me and I think I would have a hard time getting that much out of them anyway.

So does anyone who's been in a similar situation have any advice to share? I've spoken to one personal injury lawyer but their rates were outrageous. I don't want to give them a third if they're just going to take the insurance company's first offer. Any advice would be appreciated.

[kghost]

Get checked by a Doctor. Who knows what lasting result this may have. ( make a good doctors report. Complain about every ache and pain and make sure it written down)

Get a police report. Make sure it lists the cause and who was at fault.

Talk to their insurance. Say nothing regarding the accident if the other driver was at fault.

They will want an estimate to repair ( or several ). If you do not like their offer.....get an attorney.

Generally a simple letter that you have retained council will get the insurance moving. They don't like to pay attorneys either

[Xnavylfr]

Get a GOOD lawyer!!  A MC accident has different variables that don't come into play from a cage accident.  The other person's INS. will try to offer you what the BLUE BOOK value of your bike is and guess what it's NOT anywhere near 2500$ and they won't want to pay PAIN/SUFFERING. There is a post on here somewhere  in the last couple of weeks on this subject ie, M/C accident and INS problems , but I don't know where it was.


Xnavylfr(CHUCK)

[nccb]

+1 on all the advice above.  I will reiterate what kghost said about recording every ache and pain.  While you may have initially decided "I'm alright, it wasn't that bad of a fall, I don't need to go to the E.R.," injuries from vehicular accidents may not manifest themselves till a lot later.  I was in a wreck that involved a semi running over the SUV I was riding in.  No visible injuries and no sharp pains from it, but to this day I swear that is what has tweaked my lower back (I'm 27, that was when I was 22).

Just go to the doctor and tell them everything that happened, how you got it, and how you fell.  Bring pictures of the bike and car if you have them.  They may check parts of you out that you might not think to look.

[scrapvalue]

Is Colorado a "no-fault" state?
Michigan is, and if you are hit by a car and it is their fault, their insurance will cover everything. Damage to the  bike, lost wages, pain and suffering, etc, etc.
Hitting a motorcycle is like hitting a bicycle or pedestrian.
Call your insurance company and they will let you know.

If you find this to be the case, milk it for all it its worth.

I was hit by a car years ago and that was the case.

[333]

I can't add to the advice on personal injury except to say "ditto".  But you are disillusioned if you think you're getting anywhere near what you think the bike is worth.  My prediction is that they'll total it and maybe give you $500.00.  I could be wrong, but I've been on the wrong side of this situation before.

Good luck, and feel better.

[demon78]

Get checked by a doctor for sure because the aches and damage can show up years and years later things that happened when I was 25 started to bug the #$%* out of me when I  hit 55 on ward and at 70 plus there are days when I feel like I've been dragged through knothole the thing that really smarts is the arthritis in my spine feels like a heart attack some times ( I think from hitting a railway tie and flipping over the bars)
Bill the demon..

[Bobbo Snap]

Thanks for the advice everyone. I'll get checked out for sure, my insurance said they'll cover those expenses.

Get a police report. Make sure it lists the cause and who was at fault.

Will do, she got the only ticket (for failure to yield I think) so hopefully that establishes fault.

Bring pictures of the bike and car if you have them.

I hauled the bike back to my house so I can document that damage but, unfortunately, I didn't get pictures of the other car (that sucks 'cause it looked even worse than the bike).

Is Colorado a "no-fault" state?

I don't think so, but if she is clearly at fault her insurance is still liable, no?

But you are disillusioned if you think you're getting anywhere near what you think the bike is worth.  My prediction is that they'll total it and maybe give you $500.00.  I could be wrong, but I've been on the wrong side of this situation before.

Good luck, and feel better.

Yeah, I'm worried about this. I'm thinking I'll need to get a lawyer to get anything near the value of my bike back. Thank you.

[wardenerd]

never decline the ambulance trip.  It establishes a claim.  Often a concussion manifests itself in unconsciousness, nausea, vertigo and of course headache,  I have a neck problem that will never go away from an accident and my settlement which seemed fair at the time now seems insufficient.

[scrapvalue]

Is Colorado a "no-fault" state?

I don't think so, but if she is clearly at fault her insurance is still liable, no?





Call your insurance agent, they will give you all the answers.

[jamesb]

A freind of my mine got nailed 4yrs ago. She got injured pretty good. First thing she did was lawyered up. She had a 72 cb350 she was paid 3k for the bike and medical was taken care of and a little over 20k in bs stuff. So a lawyer is a must my cousin was hit about 1 month ago his fiancés dad is a lawyer and he's apparently making it out like a fat cat. Don't let her insurance company bully you. When you hand them your lawyer information they get scared

[Jerry Rxman Griffin aka MuthaF'er]

A lawyer will cost/want MUCH more than your bike is worth so don't do it for that reason. Law Tigers is asking me for 33% of any settlement for my accident. They smell enough blood to make it worth their while but I'll go through the process and see what settlement State Farm offers as they said they will be doing without my asking. At that time I will make my decision on hiring an attorney. There are statute of limitations also ie you only have so much time to file a claim. My perp received a ticket for being on the wrong side of the road which definitely established fault. The kid that hit me was on his bike. I do not know yet what his insurance limits are but bike limits CAN be lower than car limits and they are lower in Colorado unless you/he/she take out higher limits. If he has minimum limits then your bike will get paid for at your agreed upon price due to being an old bike or their highest offer but any pain, suffering, medical, lost wages etc will be no more than his limits. Talk these items to his insurance if necessary so they know you won't roll over and accept any offer from them. Many attorneys will talk to you for free too. 

[RAFster122s]

One third is the typical lawyer's fees, they don't make big bucks by charging reasonable prices, but, then again you don't know what they will pay. Age will definitely make you feel the injury a lot more.

Do you have to file the claim as income? If so, taxes will take 30-40%.

[Jerry Rxman Griffin aka MuthaF'er]

It is not taxable as income.

[Bobbo Snap]

The only attorney I've spoken to wants 1/3 of the settlement. According to their contract however, it turns out to be 1/3 if a settlement is reached prior to any lawsuit being filed. It goes up to 40% if a lawsuit is filed and 50% if it goes to trial. I don't know if this is typical but I've decided to shop around some before I commit.

Is a settlement prior to a lawsuit being filed simply the insurance company's initial offer? If so, wouldn't I be paying 1/3 for nothing? I think I'll wait to hear from the adjuster before I decide whether to hire an attorney or not.

[Bobbo Snap]

Oh btw, I went to the doc yesterday and got a CT scan, everything seems ok . Thank you guys for all of the advice.

[Xnavylfr]

Be sure to keep records of LOST WORK due to accident and Dr. visits , you wouldn't be loosing work or seeing a Dr if it wasn't for the accident. I THINK you can recover your INS deductible cost also because if they pay you 2500$ for the bike and your deductible is 500$, guess what ? You get 2000$


Xnavylfr(CHUCK)

[Jerry Rxman Griffin aka MuthaF'er]

The only attorney I've spoken to wants 1/3 of the settlement. According to their contract however, it turns out to be 1/3 if a settlement is reached prior to any lawsuit being filed. It goes up to 40% if a lawsuit is filed and 50% if it goes to trial. I don't know if this is typical but I've decided to shop around some before I commit.

Is a settlement prior to a lawsuit being filed simply the insurance company's initial offer? If so, wouldn't I be paying 1/3 for nothing? I think I'll wait to hear from the adjuster before I decide whether to hire an attorney or not.

A settlement is what you sign off on and actually receive in the end. An offer is just that, an offer. I was told what the guys limits were on my first accident and thats what they offered so no need for an attorney. I'll wait and see what is offered before making an attorney decision this time. They will wait until the medical is resolved and paid first. This will count against his limits and be paid first. If you do hire an attorney it will NOT be for an inexpensive bike's worth. Don't even consider going there. It will be for pain, suffering, lost wages, etc. Much more value than a 40 year old bike that could be worth a couple grand. Flat out ask what this person's insurance limits are. They probably will not tell you but it will give them your possible intent to be concerned with.

And as Chuck says you need to be sure they also pay your deductible. You can possibly hit them up for a loaner vehicle too.

My quote was 33, 40, and 45. Not likely you could get anything above the coverage limits unless the insurance company screws up then they could be sued vs coming from the insured's limits. aka Frank Azar got me 2.4 million for delivering pizzas. Wathch that fine print.

[Duke McDukiedook]

As was said above obtain a copy of the police report, the mouthbreather involved in filing mine basically placed me in the middle of the ramp lane when I was behind solid white lines (gore area).

Depending on the damage if there is a lot to your bike the ins company will want to total the bike and scrap for parts and if you decide to keep it they will make you obtain a salvage title which if Colorado is at all like Kansas is A TOTAL PAIN THE ASS. I wish I would not have accepted the measley $900 I got when my $2500 Blue Book '86 VFR got hit from behind. Any parts you put on must have receipts and copies of the titles of the bikes the parts came from (DID I MENTION PAIN IN THE ASS?). You will need estimates on repair work for the damage and there are no such things as free estimates usually they charge you $100 and I had to get 2 estimates so there went $200 that I was not reimbursed for.

Since you sound like you are not hurt and did not go to the ER you might forgoe an attourney and try to get a decent check for your bike damage but realize this is going to not be worth the trouble and odds are you will have to salvage title your bike and that will stay with it forever.

Getting hit on your vintage bike sucks ass is what I am trying to say and I highly don't recommend it.

[tortelvis]

Sorry to hear about this. I have had way too much experience with this s**t! 

The last one back in '98 was the worst. I was out of work for 3 years and lost my livelihood. Luckily my union paid for the lawyer. Here is the common factor in all of my experiences dealing with insurance companies: They will try to starve you into submission! Three accidents over a 15 year period and in every single instance it took THREE YEARS for a payoff! They figure you have bills to pay so they will make a pitiful settlement offer hoping you are desperate enough to take it. My last one was the worst as I was f**ked up good. A week before the court date (3 years after the accident) my lawyer and I met with the judge and the insurance company lawyer.
Insurance company wanted to change the medical consultant because they were looking at serious money. I still love what the judge said...

J: You initially agreed to this medical expert and now that you have seen his report you want to change because you realize that you are looking a serious damages. It's not going to happen. Let
me ask you a question; how much money have you offered the plaintiff as an interim payment for the three years that he has been out of work?
I: Ummmmmmmm....
J: Am I to understand that this man has been out of work for three years and you have offered him nothing?
I: Ummmmmmmm...
J: We are going to have a 10 minute recess while you call your superiors and there had better be something on the table when we return.
After the recess the insurance lawyer waffled about being unable to make contact. The judge said fine, see you in court!
I was paid $3000 the next day as an interim payment. On the Friday before the court date my lawyer called with an offer which I told them to stuff. three calls later I was asked "Exactly what is it that you want?"
I told him and I got it.

I rate insurance companies somewhere below vultures who only do as nature intended. Good luck with your claim, you are going to need it. Sorry to go on but it makes my blood boil!

[Duke McDukiedook]

They have three years in the US to pay up before it goes to court and all the insurance companies work that way- wait until the last damn moment to pay up. The week before my three years was up I finally got a check in the mail, totally non-Jack Burton style.

[Spoone]

Turns out that Colorado is now a "fault" state, since 2003..
http://www.all-about-car-accidents.com/resources/insurance-law/car-insurance/colorado-auto-insurance

[Bobbo Snap]

Thanks for that link Spoone. It looks like I have a few more options now that Colorado is a "fault" state.

[Spoone]

Glad to help