Ducati Monster Forum

I had a crash on May 30th.  I've been largely out of works since (I've been able to work about 1 shift a week for the last couple weeks), with a Knee injury.  You know being broke sucks, trying to figure out what I'm going to be capable of is strange and depressing.   But what's killing me worse then all of it.  It's like 100 and something every freaking day with bright blue skys and I'm stuck riding a in my broke down old pick up with no A/C, and a busted water pump/intake.

A friend and I had planned to take a long bike trip this summer.  But 7 or 8 weeks later I'm still waiting on an estimate for repairs.  The other guys insurance is still "investigating"  and I'm trying to decide if I should get a lawyer. 

HOLY CRAP I WANT MY BIKE BACK!!!!

Just wanted to vent.

Yes

+1.

It is always a good idea to lawyer up in the event of an accident.  They can get things done that mere mortals cannot.

  But 7 or 8 weeks later I'm still waiting on an estimate for repairs.  What the hell are you waiting for?!?!?!?!? Get a lawyer to get everyone off their arses!!!!


Good Luck

i feel your pain, bud.  My bike has been out of commission since May 29.  For something I thought was pretty minor.

/sigh

knee injury from the accident?    lawyer up asap.  Like yesterday.

gday jack,sounds like your work is suffering,mortgage payments,bills,social life,hobbies,sanity and it even must be affecting your sex life.

all these things im sure a lawyer would want to know about. ;) get well buddy.

get a lawyer.

Lawyers are the scummiest, most evil people on the planet; to include Al Qaeda and Oprah.

That being said, they're the only ones who can help you navigate our legal system and ultimately make sure you get yours.

Call a freakin lawyer already.

I love being compared to a terrorist because of an extra couple years of school.    :-*

 ;)

Sorry to hear about the accident and the subsequent shittiness. That sucks.
  
Lemme add to the fray--  If you are injured or have missed any work from the accident, get a lawyer.  Even if you don't like lawyers or lawsuits, get one.  If it's just property damage (limited to your bike), a lawyer might not be cost effective unless the other party's insurance company refuses to pay.  Depending on the state in which you live, you *probably* have up to a year (or more) after the accident to decide whether to sue.  That said, don't wait.  There's a lot of information you wouldn't think of that a lawyer will tell you to gather/preserve immediately.

A consultation with a lawyer should be free.  They might not even need to file a lawsuit, but can deal directly with the insurer.  Often, having a lawyer negotiate with the insurance company and/or the insurance company's in-house lawyers will net you a much larger recovery than if you try to go at it alone.  Ask around about someone who does personal injury law, and who people have worked with before.  Don't just get some guy out of the phone book.

So you know going in, typical lawyers' fees are 33% of the recovery if it settles before trial or 40% if they have to try the case.  You'll also be responsible for any hard costs on top of that, but those are generally fronted by the lawyer and come out of any recovery.  If someone asks you for a retainer or any money up front, walk away immediately.

G'luck.   [thumbsup]

P.S.  Statler's a turr-ist cuz he's all edge-jew-muh-kate-ed.  He's the most tur-risty of turr-ists.   [laugh]

You are scummy or so I've heard.

Terrorists have a moral compass, even if it swings south when it should point north.

Lawyers sold their compass a long time ago. ;D

To the  [evil]

Aww I feel your pain.  I'm pretty much in the same predicament minus the injury (went through that last year).  Here's to hoping we're back on the street soon!!!

And like everyone else said, in this situation a lawyer is your best friend!  Get one!

Hey uhhh, aren't you a lawyer too?

;D

Yeah, but he ain't educated  :P

Lawyers, I have a couple questions for you?

I have actually had a couple of Lawyers who heard about this through friends, approach me.  Then I sort of (through this board) know a local Personal injury lawyer.  Who do I ask, how do I find out if who I'm using is good?

Second.  Is it possible to have the Lawyer sue or negotiate for your settlement plus his fees and costs?   

thanks for the advice.

It's hard to know who is "good" except through referrals.  The best thing to do is to ask any lawyers you know for a referral.  That said, the good news is that it sounds like you have a fairly run-of-the-mill personal injury case (not to diminish your injuries -- it's just that it's not a particularly specialized case).  So while you don't want some total greased hair, quick-talkin' scumbag, most personal injury lawyers will be able to handle your case with ease.  You can meet with a couple, ask them about how they want to approach the case, what they see as the possible outcomes, and try to get a sense of who you trust and want to work with.  They'll definitely be selling themselves, but you'll get an idea pretty quickly what your case will look like.

Edit:  you can search http://www.texasbar.com/ (http://www.texasbar.com/) for the name and bar number of an attorney.  Check to see if they've been suspended, disciplined or have any complaints against them.  I'm not sure what other info you can find there (probably graduation date, name address, specialties, etc), but if someone is not in good standing or hasn't been in the past, that's a GIANT red flag.  Just being a bar member doesn't tell you much about their quality as an attorney, but you'll see if something is really wrong with them.

As far as the lawyer negotiating for a settlement plus costs plus fees, it doesn't really happen that way.  The other side will make a lump sum offer.  From that amount, you can calculate how much you'll be getting (or your attorney will do it).  In personal injury cases, the lump sum offer is always based on the value of your case, not the value of your case plus your attorneys' fees (civil rights cases, for example, are a bit different).  If there are outstanding medical bills or liens, your attorney will/should also negotiate those liens so that all of your recovery doesn't go to pay for medical bills.  But it's something to keep an eye on.  If you've had medical treatment for an injury caused by someone else, those medical treaters are often entitled to at least a portion of the money you receive in settlement.  A good lawyer can get around those liens, but it's something to ask about when you're trying to find an attorney.

Also, be aware that if you go to trial and win, in most states, you are entitled to at least some of your 'hard' costs.  So if a jury awards you $25k, you'll get that plus some of the money actually spent to get the case through trial.  You won't get your attorney's fees though. 

Did you not have collision coverage? B/c if you did, I'd think your insurance company would be pushing the issue. It's their job to fix your vehicle NOW and then settle the blame issues later.

When I was in high school, my parents switched me to liability only and this happened to me. Some douche hit me (he had a stop sign, I didn't. He t-boned me) but his insurance company wouldn't pay even though the police report was written up in my favor. I had to get a lawyer who really didn't care that much b/c it was small potatoes claim but eventually they paid my repair bills plus my legal fees. Unfortunately, I was walking for 4 months.

good luck getting back on your feet (and wheels).

If the other party,( who was at fault ) if their Insurance Company wants to make you an offer if you will sign a release stating you can never come back on them be certain you have no injury from the accident that will be of problem later.

Dolph     :)

Clickjack, be aware that even if you have collision insurance, any lawyer for the insurance company will limit their case to the property damage claim, i.e. the value of the damage to your bike and other 'stuff'.  You'd still need your own lawyer if you decided to pursue any claim you might have for personal injuries and/or lost wages. 

Reminds me of when Sec. of Education Rod Paige referred to the National Association of Educators (the largest teachers' union) as a "terrorist organization" in 2004.