Someone wanna explain insurance stuff to me?

Discussion in 'Bay Area Bikers' started by Reed Kennedy, Dec 15, 2003.

  1. Reed Kennedy

    Polarhound Guest

    I won't even get on a bike without 100k in personal medical coverage.
     
    Polarhound, Dec 16, 2003
    #21
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  2. Nope. Federal standard. All motorcycles must have DRL, hi/low beams,
    full turn signals, reflectors and a license plate light all in the
    given location. In addition they specify the exact size, brightness,
    color and beam pattern.

    And as Jimmyboy Rozzie already pointed out these rules only apply to
    bikes made past 1970-something or so when the regulations went into
    effect. Of course this point is irrelevant cause Reed was riding an
    EX500 made much later than that.
     
    Demetrius XXIV and the Gladiatores, Dec 16, 2003
    #22
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  3. Reed Kennedy

    Rich Guest

    You talk to a lawyer. Yes, they get a healthy percentage of your
    recovery, but that's what "pain and suffering" is really for.

    Don't fix the bike. Let the other guy's insurance adjustor look at it
    first and make an offer. If it's reasonable, you can settle the
    property damage claim while leaving the personal injury part open.
    You can probably also get the insurance company to agree to pay the
    medical expense part, but don't waive your rights to a final
    settlement.

    Step one is to write down your narrative as completely as you can now
    remember it. Your posting is probably a good starting place.

    Step two is to contact the police agency that took the report and
    request a copy. This will cost you a few bucks, but it will have the
    name of the other driver, his insurance company, and the reporting
    officer's opinion of where fault lies.

    Your lawyer will want these two thing.

    R, UB
     
    Rich, Dec 16, 2003
    #23
  4. Reed Kennedy

    Rich Guest

    If this were just a property damage case, you could probably reach a
    fair agreement on what the bike was worth, how much it would cost to
    restore it to its pre-crash condition, etc. But this involves
    personal injuries to you and potentially to your girlfriend. That is
    much harder to assess, and you probably will take years (you have up
    to a year to file a suit) to get that all worked out. You want to be
    sure that any money you get to take care of the immediate expenses
    does not prejudice that ultimate assessment.


    R, UB
     
    Rich, Dec 16, 2003
    #24
  5. Reed Kennedy

    Rich Guest

    On Mon, 15 Dec 2003 22:11:29 +0000 (UTC),
    Personal injury is involved. He's going to want his insurance company
    there in any case. Worst case for him (he says it's his first
    accident) they'll hike his rates for the next 3 years, but it will be
    less than the insurer will pay out to cover Reed's injuries.

    And it's on his DMV record. Even if he settles the claim privately,
    his insurance company has access to the report and may raise his rates
    anyway.
    R, UB
     
    Rich, Dec 16, 2003
    #25
  6. Reed Kennedy

    Rich Guest

    They aren't, but it's certainly evidence that Reed will need to help
    convince a court (or at least the other guy's insurer) that the Volvo
    driver is liable by a preponderance of the evidence.
    R, UB
     
    Rich, Dec 16, 2003
    #26
  7. You're gonna sh*t when you see the bill for your medical, particularly
    since it included ambulance, X rays and specialist consultations.

    There's a lot to be said for picking up COBRA coverage if you leave
    a permanant job. I wouldn't carry collision if I didn't have to,
    but fire, theft, uninsured motorist and some minimum health and
    dental seem like a good idea. How would you be handling this if
    it were a solo accident or hit and run ?

    That being said, I'm glad you're no worse off. Sounds like the other
    party's at fault though you may need a lawyer. First thing you need
    to do is assess the damage and costs.
     
    Rob Kleinschmidt, Dec 17, 2003
    #27
  8. Reed Kennedy

    Chuck Y Guest

    All the rules I've seen are:
    "You MUST signal a turn.".

    In Calif, it's 100 feet before turning.
    Best idea: Before your foot goes and visits Mr Brake, take a moment to
    fondle MrBlinkie.


    Reed: we thank you for harming yet another Volvo.
    Sometime I'll post about a recent (peidmont) Lexus SUV
    and a 16 year old girl learning about || parking as it
    related to the death of the (parked) Sprint ST.
    (is it NECESSARY to back up 6 feet into another spot to
    pull out? esp when there's a bike 5 feet behind you?
    A bright colored LARGE bike?)
     
    Chuck Y, Dec 17, 2003
    #28
  9. Reed Kennedy

    XS11E Guest

    How could she possibly see your bike after adjusting the rear view
    mirror so she could put on her makeup properly? <g>
     
    XS11E, Dec 18, 2003
    #29
  10. Reed pulled in front of him, which is what he very well can argue.
    Not saying it's right, or that's what happened, but from Reed's
    telling, it could go either way.
     
    wrestleantares, Dec 19, 2003
    #30
  11. Reed Kennedy

    Reed Kennedy Guest

    (wrestleantares) wrote in
    If memory serves, we initiated our turns simultaniously, so I seriously
    doubt that I not already in front of him when he turned to face me.

    Of course, that doesn't stop him from argueing the above.

    And I'm obviously partial.

    Reed.
     
    Reed Kennedy, Dec 20, 2003
    #31
  12. Reed Kennedy

    Robert Guest

    I am in the same boat and had a question along these same lines. I
    was involved in an accident on Dec. 15th. CHP found the other guy at
    fault. My bike has $5500 in damage (2001 ZX-9R) and then there is the
    matter of my gear. I have gotten that the claim needs to be settled
    in two parts, one for the property and one for the medical.

    My question is this: Even the other guys insurance agent (AAA) has
    mentioned compensation for my pain and suffering. I have to have
    physical therapy on my shoulder but am otherwise OK. When it gets to
    that part of the settlement what is "fair"? I don't want to rip
    anyone off but at the same time I am the one dealing with loss of
    movement and pain. Has anyone had a settlement of similar type that
    they can share what would be a ballpark figure for something like
    this? I have never been in an accident before and hope to not have to
    deal with this again, but at the same time I don't want the other guys
    insurance to just low ball me. Should I just go get a laywer?

    Thanks
    Robert
     
    Robert, Jan 2, 2004
    #32
  13. Reed Kennedy

    Rich Guest

    Call the Bar Association Each county has a lawyer referral program
    where you get a half hour consultation with a lawyer specializing in
    your field of concern for $25-35 or thereabouts.

    My recollection is that pain and suffering is generally awarded based
    on a multiple of medical costs. My recollection is that it is about
    triple that amount, but I was (fortunately) only involved in a single
    case and that was 13 years ago.

    For your consultation, you should be able to determine what the
    current practice is and to form some sort of opinion as to whether you
    ought to engage a lawyer to represent you in the process.
    R, UB
     
    Rich, Jan 2, 2004
    #33
  14. snip
    The May 2003 issue of Motorcycle Consumer News has an article regarding
    this very topic, "The Multiplier Method." He suggests a) multiply your
    total medical bills plus lost wages by 3 to determine the value of P&S, b)
    begin your negotiations by doubling the amount from a) and plan on
    negotiating with Henry Hard Nose --the insurance adjuster--down to your
    original triple value number, c) negotiate like you're at a flea market,
    and d) be patient and polite.

    If all this sounds distasteful, a lawyer may be a better option, although
    there's no guarantee it won't be just as distasteful.
     
    Charles Stembridge, Jan 2, 2004
    #34
  15. Reed Kennedy

    Robert Guest


    Thanks for the help.

    It has definately been of use. Be safe out there.
    Robert.
     
    Robert, Jan 3, 2004
    #35
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