Had an accident, need to sue this person

[masterh]

I was driving on 3rd lane in 3 lane roads. I was driving slow around 30mph since it was cold and I didn't have sunglasses or helmet (so I wouldn't cry)

This car came out from the street on the right side. I tried to stop but I wobbled handle and collided with the car by the left corner light. (90 degree angle)

I did front flip and landed on my butt. (I wish I landed on my foot like gymnast....)

when I was flying I was only thinking 'this is not my fault'

I wasn't wearning helmet but I didn't hit the ground with the head

I tried to stand up but kneeld on the ground again with my hands.

I kind of got wet by the gas that came out of the bike. luckily it didn't get caught on fire.

I saw a car that was behind me and was about to leave the scene. I stopped him and asked if he saw the accident.
he told me he saw after it happened.

the guy who hit me, didn't say anything something like 'sorry, are you ok'
when I was on the ground he was just oberving me like it was no big deal.

when I stood up to sit on the shoulder, he was saying something like 'you shouldn't drive on the side of the street'
he was basically saying, he wasn't blocking any traffic and I hit him when he was waiting for other cars to pass
 
Luckily, this women who was right behind me ,saw everything and didn't leave the scene.

I thought it was weird that the car was 5 foot apart from my bike.

I asked lady if she saw the car backing up.

she said she saw the car moving after the accident and told the cop about this as well.

the paramedics came and they were about to put me on the bed.

I wanted to make sure everything before leaving the scene, like taking photographs, talk to the officer, get witness' contact info. but they just put me on the bed and told me not to worry about it

Before going to hospital, I asked this guy if he moved the car and he should be honest with me if he doesn't want to make it worse. he was denying what he did and I raised my voice. the police told him stand somewhere else.

I was brought to hospital and got realeased with no broken bones. just back and butt pain

I got the police report today and it correctly describes everything happened including the witness's comment saying he moved his car after he hit me.


I have no sympathy for this person because of his attitude after the accident happened and lying about moving his car.
so I am going to get a injury lawyer and see what he can do against this person's insurance company
(I argued with insurance company before about the value of the total loss. they offered me $7000 and said 'take it or leave it'. I got lawyer involved and it went up to $10,000.  since I was taken to hospital, I have to get the lawyer anyways)


I didn't see the bike yet but I am pretty sure it would be totaled since it's 2000 m900 ie and isn't worth that much


My advice about accident?  even if you are hurt, make sure get the witness by walking around the cars behind you before they Leave. some people would just leave if you don't ask them.
if you don't have witness, it's just your word against his word. it can go wrong or you would have to spend a lot of time arguing.


I have a question about the bike though. it's sitting in a towing company lot.
should I bring it to my house and let adjustor come n inspect later?
hopefully I can at least get blue book value

do you think I can get paid for the damaged laptop that was in the backpack?

 

[Shifty]

WOW sorry to hear it but I'm glad you're okay! 

I would go after him for sure... his insurance should cover everything, including the computer.

[Spidey]

A couple of things --

Glad you weren't hurt worse. 

If you have ongoing litigation (or are contemplating litigation), you probably don't want to post about what happened. 

Yes, you can get "paid" for the damage to your laptop.

You can bring the bike to your house and an adjuster will look at it there.  That's often a better solution than paying storage fees.  Alternatively, if you call your insurance, the adjuster should be able to go to the towing company, take pictures and give you an estimate.  The short version:  call your insurance co and ask them.  Wait a sec.  Do you have your own insurance?

[masterh]

I think it should be ok for posting, since I am just posting that actually happened?

BTW, I only have liability insurance. usually my own insurance company pays up to $3000 right away (state limit)
for the medical expense. But my attorney said, they don't have that for motorcycle.

so if it takes longer, I might be hassled by the hostial asking me pay for the ambulance and checkup

[derby]

I think it should be ok for posting, since I am just posting that actually happened?

if an attorney told me it's not a good idea to post it online, i'd listen.

[junior varsity]

delete this from the internet and contact a lawyer to represent you.

[Grampa]

is this Ben?

[somegirl]

Agreed, delete the thread.  Best of luck.

[fastwin]

Hire an attorney if you don't already have one and do what they tell you. No, I'm not an attorney but I ran State District Criminal Court for years. No, it wasn't any fun (rape, murder and child abuse rarely is... ) but occasionally lawyers do know what they are talking about. Sorry for all the trouble. Take care.

[NAKID]

OK, what is the 2000 M900 worth? Now add up how much your medical bills were. Any missed work should be included here too. Personal property damage like the laptop as well. Does that exceed the $10,000 they offered you?

You were not seriously injured, correct? You won't likely have any lifetime repercussions from this incident right?

Sorry, as someone who was involved in a serious MC accident, I don't see how this justifies getting a lawyer (and all of their fees) involved.

My lawyer ended up getting paid $120K for their work on my case. I am left with permanent injuries and scarring/disfigurement and they got quite a chunk of my settlement.

For what I see as a fairly simple case, I would try to get what you think is fair out of the insurance company without a lawyer.

Remember, no matter how much the insurance company pays out, the person responsible for this incident won't see much of an effect from gouging the insurance company.

[Statler]

lawyers are like Ducati dealers.   The good ones are worth their weight in gold (which is about their fee  ).   Ones just off that ideal can make for an unhappy experience.

As an attorney I will still not personally talk to any insurance company about any incident...my hired attorney in that field will talk to them for me.

lots of examples of better off with attorney and better off without attorney.

best of luck.

and yeah...NAKID's accident puts some perspective on things.

  

[sbrguy]

this report proves one thing and nothing else...

ANYONE that believes that HUMANS ARE INHERENTLY GOOD are either smoking something/delusional or just STUPID.   Another incident that shows above all that people when given the chance will do or say anything to save their own skins.

[Raux]

wow, seriously glad you are ok. this could have a been a case of us reading about a motorcycle death...

sounds like with the police report, witnesses etc. his insurance company should settle. but i'm no expert.

BUT i do know this. wear a helmet next time you ride... you never know when some idiot is going to pull out in front of you.

[Howie]

Glad you are OK.  + whatever on the helmet!  Follow the advice given by Sidey and Statler

[masterh]

NO NO NO
that's wasn't what I meant.
that was when I totaled my car. they offered me $7000 and after my lawyer talked to them it went up to $10,000
(he did it free for property damage)

OK, what is the 2000 M900 worth? Now add up how much your medical bills were. Any missed work should be included here too. Personal property damage like the laptop as well. Does that exceed the $10,000 they offered you?

You were not seriously injured, correct? You won't likely have any lifetime repercussions from this incident right?

Sorry, as someone who was involved in a serious MC accident, I don't see how this justifies getting a lawyer (and all of their fees) involved.

My lawyer ended up getting paid $120K for their work on my case. I am left with permanent injuries and scarring/disfigurement and they got quite a chunk of my settlement.

For what I see as a fairly simple case, I would try to get what you think is fair out of the insurance company without a lawyer.

Remember, no matter how much the insurance company pays out, the person responsible for this incident won't see much of an effect from gouging the insurance company.