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Discussion Starter · #1 ·
Anyone got a lawyer they trust. The guy that hit me in march told his insurance company it was my fault and now they will not pay. No police report was made cuz I didn't get hauled off in an ambulance (CHP only takes reports now for that and only that). So its his word against mine. Anyways I need to shake it tree as they say...anyone?
 

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that fuckin sux man.....sorry to here about it. i hope you have this dudes address and phone number. i know some people that could persuade him to call his insurance co. and tell them it was his own fault!!!!!
 

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Discussion Starter · #3 ·
Yeah i think I'll go the legal route for now :) ......
sknkwrxchoppers said:
that fuckin sux man.....sorry to here about it. i hope you have this dudes address and phone number. i know some people that could persuade him to call his insurance co. and tell them it was his own fault!!!!!
 

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chicoman7 said:
Anyone got a lawyer they trust. The guy that hit me in march told his insurance company it was my fault and now they will not pay. No police report was made cuz I didn't get hauled off in an ambulance (CHP only takes reports now for that and only that). So its his word against mine. Anyways I need to shake it tree as they say...anyone?
How much property damage? If you don't know 100%, get a damage estimate from a reputable appraiser before doing anything else. Any bodily injury?
 

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Discussion Starter · #6 ·
$6,991.00 on the bike plus me getting messed up. That and =Mike= had to tow my bike out to Stetts....they even came out and looked it over but being that no police report was done cuz i didn't lose a leg or die its his word against mine.
Sporticus said:
How much property damage? If you don't know 100%, get a damage estimate from a reputable appraiser before doing anything else. Any bodily injury?
 

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Discussion Starter · #7 ·
yeah..."unsafe lane change" is what they called it...funny I was in the middle of that lane for a good 8 seconds
=mike= said:
I don't see how someone rear ending YOU in traffic can be seen as YOUR fault . Who the fuck is at the wheel at this insurance company ! !
 

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chicoman7 said:
$6,991.00 on the bike plus me getting messed up. That and =Mike= had to tow my bike out to Stetts....they even came out and looked it over but being that no police report was done cuz i didn't lose a leg or die its his word against mine.
I don't think it would be too late to file an incident report. You might try contacting the police and tell them you need an incident report for your insurance claim.
 

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chicoman7 said:
$6,991.00 on the bike plus me getting messed up. That and =Mike= had to tow my bike out to Stetts....they even came out and looked it over but being that no police report was done cuz i didn't lose a leg or die its his word against mine.
Go see a doctor immediately and if you've got insurance, get as many tests as possible. In MA, you have to break a bone or get at least a certain $$ amount worth of injury ($2K??) in order to make a claim for bodily injury. Assuming CA has a similar statute, get you medical bills up; it doesn't take much. A lawyer who does personal injury won't have a problem finding personal injury and you generally don't pay a PI attorney anything out of pocket - he'll take a cut from the total settlement. The sooner you get any injuries diagnosed, the lesser the chance that the defendant can claim the injuries were from other post-accident causes. There was an earlier post with the name of a Texas lawyer. No bashing intended, but the lawyer you hire must be licensed in California, as this is strictly a state law claim. The insurance company's determination of who was at fault means nothing - it's a financial decision. Admitting liability now will open them to subsequent bodily injury claims.

Don't fuck around. I hate unethical lawyers but I hate insurance companies even more. It's a chicken and egg thing.
 

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fool ass mistake leaving not callin the fed's...I see this costing you major dollars to try to get your money...worst case scenario he will come after you saying you didn't have your directional on or just stopped in front of him...if you haven't a lawyer best get one asap...
 

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Discussion Starter · #12 ·
I have no idea what your trying to say? Cops were onsite but no report taken. also this post is in an effort to get a lawyer..lol
Chopper Chaz said:
fool ass mistake leaving not callin the fed's...I see this costing you major dollars to try to get your money...worst case scenario he will come after you saying you didn't have your directional on or just stopped in front of him...if you haven't a lawyer best get one asap...
 

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Wow it's come to this,a lawyer... I remember the old days when you and =mike= would (after watchin' the sun come up over the ocean in San Diego?) "repo" his car and get the money that way. Ahhh the old days.
 

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Chicomans post is something we can all learn from...
Not a motorcycle incident, but an ugly one just the same.

When i was in school in Albuquerque, i rode my mtn. bike for transportation. I was riding to work one day, standing up, cranking away up a hill, mind you...on the sidewalk. I was hauling ass, up hill, trying to keep momentum up...crossed a street, heading up to the next street where there was a light where i could cross. Very busy intersection. Halfway before i got to the top of the hill, and the light, some dumb blonde comes barreling through the alley, looking up the street at the light. It had just turned green and she was going to beat traffic on to the street so she didn't have to wait. Except that i happened to be going up the sidewalk in front of her at the time. She didn't even slow down, just broadsided me. Hit me so hard i pulled the handlebars right out of the neck. Everything on my bike was fucked. Both wheels taco'd, shocks broke, frame bent, and i landed about 20 feet out in the middle lane of the street. All traffic stopped, chick got out of her car crying as i went over, picked up what was left of my bike, and threw it into the empty lot next to the sidewalk. I had 10 witnesses see the whole thing. Watched her "not stop" at the sidewalk. Somebody had called 911. When the ambulance showed, i had settled down. My wrist was fucked, but aside from that and some blood, i was fine. I told the paramedic i was cool..."I've bailed harder than that many times on the trail." I brushed off the ambulance ride to his astonishment. He was like..."Allright...suit yourself!"

Worst mistake i made.

I had it worked out with her that i wasn't going to do anything, wasn't going to press charges as long as she gave me a check for a new bike. 3 days later, her fucking worm of an insurance agent called me telling me that it was my fault for being on the sidewalk.
I about blew my fucking lid. Went to the city and found a by-law in some city code that said "if traffic is too dangerous, bicycles are allowed on the sidewalk and must give right-way to pedestrians." I threw that back at the worm and he still didn't want to give me any money. I finally got some back, but not what my bike was worth.
Talked to a lawyer and realized i was gonna spend more money going that route so i swallowed my pride and ate it.

Sorry for the long story...

Moral:

Don't ever, EVER be a nice guy when you're in an accident. ALWAYS take the ambulance ride, and don't ever believe an insurance agent will HELP you.
It's all fucked.

Good luck chicoman.
 

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How about the name of the insurance company that's jacking you around.I my state we have under/uninsured motorist that is on our policy.I'd get ahold of your company asap.I wish you luck on this one.
 

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I find it hard to believe that the PD wouldn't write a report or call for the wrecker to remove your bike from the scene. Here in MA, if you suspect there's damage in excess of a grand or $1500, its mandatory that the PD write up a report to verify any and all future claims of property damage or injury. That could very well be the first 'plus' for MA insurance regulations I'll ever admit.

Also, as a Captain for a large fire department, I'd recommend seeking a run report from the local/responding FD if available. We're routinely summonsed to court for fact verification regarding accidents, etc. Good luck.
 

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Discussion Starter · #18 ·
Im grateful for the coments but I still need a freakin lawyer:D . L.D.....The old days used to have the cops sniffin around too much...I'm trying to stay out of jail. I'm a much nicer person now, really :)
 
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