Had an accident, need to sue this person

Started by masterh, September 09, 2009, 03:01:57 PM

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Raux

Quote from: masterh on September 09, 2009, 11:13:01 PM
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)



most of us got that.
i think contact his insurance company and say... what the hell are you going to do for me? you're guy nearly killed me.
most people with insurance have the liability for the damage AND medical. not sure about the laptop, but doesn't hurt to mention to them.
OR ask that SAME lawyer if he'll do it for free.

but the guys who are lawyers already gave you advice on here. you might want to at least give their advice a try and remove this thread til you figure it out.

NAKID

Quote from: masterh on September 09, 2009, 11:13:01 PM
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)




Ahhh, I understood it to mean you were talking about this time....
2005 S2R800
2006 S2R1000
2015 Monster 821

needtorque

A short time ago I got rear ended by a teenage kid while driving my taurus.  It was blatantly his fault the adjuster came out and wrote me a check for $650.  Since I paid only $400 for the car and there was no real damage I was fine with this payment.  The only need to sue is if the ins. company os not willing to pay for all damages in full.  If they put you back to where you were before the accident then why sue.  If there is long term physical damage that is one thing and a person should be compensated appropriately for their loss but if not then get the broken stuff replaced and move on.

And yes, wear your helmet next time.
Who insures the FDIC?

Monster Dave

Glad that you're ok - wow - some angel was looking out for you given that you did a superman flip and didn't hit your head sans-helmet.

Best of luck. I have come to learn that there are more careless drivers on the road that we could ever realize. I was run out of my lane on lane on the highway at 80mph in my Nissan Xterra by a guy in an Avalanche who was texting and all I could think of was how bad that could have been had I been on my motorcycle.


cutter

Find a decent lawyer, don't go for the ones on tv or the back of the phone book, the so called ambulance chasers. They take a cut of everything, medical, injury, vehicle etc. I was lucky to find a lawyer to handle my accident who was really decent and only took a small percentage of the injury settlement. I wouldn't have gone for a lawyer but the ins co. made an error and was valuing my bike a 1/2 of what the blue book value was. The fact that the guy backed up is shady, and makes me angry, but isn't going to affect the way the ins. co pays out.

masterh

I think the lawyer is ok. he would do free for the property damage. there is no upfront fees. he just takes 35% from the settlement.

btw, I am not posting this to get legal advice from you guys. just to share the story and it might help someone later in the future.



masterh

have any of you totaled your bike?
did they pay based on kbb value? was it retail or private value?

I don't know if the adjustor has the system to calculate the cost of damage for ducati
should I send it to local ducati shop and get a quote from them?

duc996

Wow man that sucks....do what you have to to get that jerk.Glad you're ok,good luck.
"All we ask is to be let alone"
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masterh

in the police report (I had to translate so didn't know right away)
he said, I crashed into his car while he was on stop sign by going 50 miles. he offered the help but I refused it and verbally abused him. (when I was on the ground, he was just looking at me like he hit the cat and was just making a phone call to his family)

I am trying to find out if I can press some charge on this guy for moving his car and lying about it

corey

if there's anything i've ever learned... sometimes it's best to (if possible) let a shitty situation pass by, and let karma kick this guy in the ass later on in life. What goes around comes around.

If you have been compensated fully for your losses (bike, bodily injury) by HIS insurance company, maybe consider just getting past this entire situation, and moving on with your life.. Let God sort him out.
When all the land lays in ruin... And burnination has forsaken the countryside... Only one guy will remain... My money's on...

Raux

Quote from: masterh on September 13, 2009, 11:24:13 PM
in the police report (I had to translate so didn't know right away)
he said, I crashed into his car while he was on stop sign by going 50 miles. he offered the help but I refused it and verbally abused him. (when I was on the ground, he was just looking at me like he hit the cat and was just making a phone call to his family)

I am trying to find out if I can press some charge on this guy for moving his car and lying about it


his statement is meaningless if the police took other witness reports and have physical evidence (like your skid marks, parts and potential impact location, etc) that dispute what he said.

ghostface

Glad you're OK but never ride without a lid man, legal or not.

Advice: Sue the mofo for everything you can get.

R.

masterh

the estimate was $10,000 just for parts  ???  ???  [thumbsup]

I think it would be fine to drive if I fix front brake cable, replace gear pegs, fix gas leak problem.

the value of bike is around $4000. do you know how much % I have to pay to keep this?

when I totaled my car for $10,000, they wanted $2500 for me to keep my car.

Raux

Quote from: masterh on September 18, 2009, 09:21:44 PM
the estimate was $10,000 just for parts  ???  ???  [thumbsup]

I think it would be fine to drive if I fix front brake cable, replace gear pegs, fix gas leak problem.

the value of bike is around $4000. do you know how much % I have to pay to keep this?

when I totaled my car for $10,000, they wanted $2500 for me to keep my car.

depends on the salvage value.

masterh

question guys.
so ducati shop estimated $10,000 ++ for repair. the adjustor called me to pick up the bike at the shop.

they said they need to pick up the bike to estimate the used bike's value.

I am concerned here though.

When I totaled my car, they picked it up from the shop and moved it to auction yard (they said, to save money on storage charge)

they gave me the offer for the car but it was a lot lower than what I thought.

I wasn't happy with the offer and I couldn't bring my car back. I felt like they kidnapped my car.


I don't know what if they give me low ball offer, give me the option to buy wrecked one at high price and don't let me touch my motorcycle.

should I bring the bike back to my house and let them come to look at it?