Motorcycle accident - My rights?

[fundgh 0]

I was in a motorcycle accident a couple of months ago, where the person who swerved into my lane (forcing me to impact a stopped vehicle in the lane that I retreated to) was found to be at fault by the police report. The officer gave me the policy number of the at-fault driver. After 2 months, I found out last week from my attorney, that the insurance company has closed the case, claiming that the driver was not covered at the time of the incident. My attorney simply said that without insurance there is nothing to go after. My only option is to go to small claims court, and I plan on doing that. Does anybody have any experience with this type of situation, and know of other rights that I might have? I am out a couple thousand dollars in medical bills and towing, etc. and I have yet to pay for the repairs to my totalled bike. Any help on this situation would be appreciated.

...FUN FOR ALL!

[AggieDave 6]

In CA are drivers required by law to have insurance to be legal to drive? To me, not an attorney, it sounds like you could take him out on a civil suit...

PM Lawrocket and see if he'll respond to this thread, since I'm really interested to see what courses of actions you can take (as another motorcycle rider).

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[Nightingale 0]

do you have uninsured motorist insurance?

[unformed 0]

Get a new attorney and take him to court. Hopefully he has some sort of money, and you can rape him for what he's worth. If he's a broke bum, you're screwed.

As much as I hate lawyers and lawsuits, this guy was in the wrong about ten times over.

I would, though, if I were you speak to a few different attorneys. Many will also work for commission. (It's free if you lose, they get a part of the winning if you win.)

This ad space for sale.

[Nightingale 0]

it's a blood-from-turnip situation. you can't take assets the guy doesn't have.

[fundgh 0]

Law requires that we have insurance, which is why I am so pissed. If he can be uninsured and poor, what are the reprocutions (sp?)? I can sue him, and I will most likely win. I don't know that he has any money, and if it is worth it to go to that effort. I don't have uninsured motorist on my bike. I got what was required by law, and didn't even cover my own bike, I always thought I would not cause an accident on my bike, and if I did, I deserve the damage. The bottom line, is that neither insurance compnay is going to give me money, and I have to take matters in to my own hands.

...FUN FOR ALL!

[MC208B 0]

that's what uninsured motorist coverage is for. You didn't have that? Sorry. I hope you receive something. I always ride with the idea that all car drivers are out to kill me and a lot of them are. Looks like you do too since you almost avoided a collision. BOL to you.

[AggieDave 6]

This is one of the reasons why I upgraded my insurance from the minimum pretty quickly after I got my bike. I have uninsured and full coverage and have had it for a couple months now.

People are stupid, they should be forced to get out of their damned cages for a week and ride a bike for a full week.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[DBCOOPER 1]

I'm pretty sure that uninsured and underinsured coverages only cover medical cost not damage to your property.That is what collision covers if your at fault or not.Then its the insurance companys problem to get reimbursed.

Replying to: Re: Stall On Jump Run Emergency Procedure? by billvon

If the plane is unrecoverable then exiting is a very very good idea.

[AggieDave 6]

Ok, that's right. Thanks for the clarity.

Well, I have just about everything I could get and still be able to afford it.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[DBCOOPER 1]

Replying to: Re: Stall On Jump Run Emergency Procedure? by billvon

If the plane is unrecoverable then exiting is a very very good idea.

[crotalus01 0]

you might want to try contacting ABATE or AIM. they specialize in motorcycle rights, etc. and sorry to hear about it...i cant count the number of times i have had some FUCKHEAD pull over in my lane and force me to move, sometimes intentionally. i now carry a small bag of marbles...when it happens i get in front of the car and flick a marble behind me. nothing like a cracked windshield to get those assholes off your tail. i have also kicked a couple of dents in doors in those situations. and yeah, when the cops got there they didnt have much to say to me - they know what the drivers in this city are like.

As for me and my house, we will serve the LORD...

[PhillyKev 0]

Quote

I'm pretty sure that uninsured and underinsured coverages only cover medical cost not damage to your property.That is what collision covers if your at fault or not.Then its the insurance companys problem to get reimbursed.

Exactly. If you have good medical insurance that will pay all of your expenses, there's no reason to get un/under-insured coverage. It won't cover any property or pain and suffering.

[DBCOOPER 1]

Not marbles,lug nuts,must have kicked up a lug nut.Doesn't work with must have kicked up a marble.

Replying to: Re: Stall On Jump Run Emergency Procedure? by billvon

If the plane is unrecoverable then exiting is a very very good idea.

[Jib 0]

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If you have good medical insurance that will pay all of your expenses, there's no reason to get un/under-insured coverage. It won't cover any property or pain and suffering.

In Florida, you can get pain and suffering under your UM policy, if you have a permanent injury (same as if it was against the guy that caused the accident). It's the only reason why I have $1M UM.

--------------------------------------------------
the depth of his depravity sickens me.
-- Jerry Falwell, People v. Larry Flynt

[lawrocket 3]

If the guy has a house, or any other asset to attach, then go for it.

I'm stuck right now trying to collect from a guy with nothing. $25k, and I don't know if I'll ever see it.

That's why attorneys can be difficult on this. They aren't sure they can get any money.

If you have uninsured motorist coverage, use it. Only hopefully it's enough to cover you and you do not have to assign all rights to them for it.

My wife is hotter than your wife.

[livendive 8]

I have both underinsured motorist-bodily injury and underinsured motorist-property damage coverages. The property damage portion costs an extra $36/year for $20,000 worth of coverage and has a $100 deductible.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[PhillyKev 0]

Sorry, it is different from state to state. Here it's just medical expenses, that's it.

[kelpdiver 2]

Bikers often don't get uninsured coverage because it can cost as much as the rest of the policy. Don't think about car rates - it's much much higher because medical costs are higher, and the fault usually lies with the cager. Hence, predicted payout is much higher.

Back when insurance was cheap, I had a comprehensive policy on the BMW for $130/yr. UMI would have been 400. Now collision rates are dramatically up, so it may not look so bad, but it's still $400-500/yr to cover other people's illegal behavior. Ouch.

Lawyers just aren't interested in cases under 30 or 40k. There's not enough money there for their time. Small claims fills in the gap, though collecting may be difficult. But given how easy it should be for you to win, definitely go do it.

[peacefuljeffrey 0]

Quote

it's a blood-from-turnip situation. you can't take assets the guy doesn't have.

You can get a judgment against someone for what the court finds he "owes" you for your bills, pain, etc. That can be held against his future earnings, to be sure. Sometimes, I've heard, people even get on a payment plan if they aren't good for the entire sum all at once.

And yes, in many places drivers are required by law to carry insurance so that they can pay the people whose property and bodies they damage. The law also requires people to not murder people or steal from them -- for all the good that laws do to see to it that people don't actually DO the prohibited things. Laws have no physical power to keep themselves from being broken, now do they.

-Jeffrey

-Jeffrey
"With tha thoughts of a militant mind... Hard line, hard line after hard line!"

[douwanto 22]

Contact your local District Attorneys office.
Most states that require Insurance also provide recourse to those involved in wrecks with those not insured.
Georgia were I live they will suspend your license until you reach an agreement to pay for the damages. If you miss a payment you will lose your license intill the debt is paid off.

Just my 2 cents

Uncle/GrandPapa Whit
Unico Rodriguez # 245
Muff Brother # 2421

[peacefuljeffrey 0]

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Not marbles,lug nuts,must have kicked up a lug nut.Doesn't work with must have kicked up a marble.

Get 'em rusty, off cars in a junkyard. If one is recovered, you don't want your fingerprints on it, and you don't want it looking all freshly-store-bought.

I like that plan, though.

-Jeffrey

-Jeffrey
"With tha thoughts of a militant mind... Hard line, hard line after hard line!"

[kelpdiver 2]

Quote

Contact your local District Attorneys office.
Most states that require Insurance also provide recourse to those involved in wrecks with those not insured.
Georgia were I live they will suspend your license until you reach an agreement to pay for the damages. If you miss a payment you will lose your license intill the debt is paid off.

I like that, though in CA it would effectively just raise the unlicensed rate. And taking away the car also reduces the person's ability to pay up. So we get in this situation where it is somehow alright to have uninsured drivers with an invalid license.

The only solution seems to be the pay at the pump liability insurance, but it's very hard to take that idea to reality.

[Clownburner 0]

Quote

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I'm pretty sure that uninsured and underinsured coverages only cover medical cost not damage to your property.That is what collision covers if your at fault or not.Then its the insurance companys problem to get reimbursed.

Exactly. If you have good medical insurance that will pay all of your expenses, there's no reason to get un/under-insured coverage. It won't cover any property or pain and suffering.

Dunno if this is different for motorcycles or what, but uninsured motorist covers the damage to your vehicle. I got hit by an uninsured motorist once and the uninsured coverage paid for the complete repair, with no deductable.

7CP#1 | BTR#2 | Payaso en fuego Rodriguez
"I want hot chicks in my boobies!"- McBeth

[slug 1]

[replyDunno if this is different for motorcycles or what, but uninsured motorist covers the damage to your vehicle. I got hit by an uninsured motorist once and the uninsured coverage paid for the complete repair, with no deductable.