anyone have experience with this (follow up to ca traffic accident)

Discussion in 'Bay Area Bikers' started by damien g, Aug 29, 2003.

  1. damien g

    damien g Guest

    well things have taken a turn for the worse. the driver who struck me
    while sitting at a red light because she was checking her drive-thru
    order instead of paying attention gave a policy number on the police
    report that had lapsed due to non-payment.

    i've hired a PI to run an asset check to see if she has any and it
    looks like just the job (at the hospital ironically). so there's not
    much to sue for other than garnishing wages.

    since my bills and claim is way over 5k i'm not eligible for small
    claims court but what to do next? do i still hire an attorney? i doubt
    they'd work on contingency for this since there's not really any money
    to collect.

    as for the medical bills i've applied for medical and hopefully i'll
    be accepted.

    it really sucks to be down and know that that driver will still be on
    the road able to make the same mistake. even if i suspend her license,
    she was most likely on her way to work when the accident occurred.
    with a provisional she'd be driving the same route and we'd all still
    be in danger...and if she can't get to work then i can't garnish her
    wages.

    if anything, get that UI and medpay on your policies! the rider and
    passenger need to be insured the most if a motorcycle is involved,
    especially if there's a solo get-down.

    damien g

    frmr ironhorsemen
     
    damien g, Aug 29, 2003
    #1
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  2. Major bummer.
    If the medical insurance does cover it, how much will you be out
    out-of-pocket?

    Also, might the threat of a lawsuit be sufficient to arrange a payment
    program?
    Where does she live? Might she be able to take public transit?

    It seems you have a choice: You can either try to extract the money
    from her, or keep her off the road. If you don't think you can get
    the money from her, is it possible to go for criminal proceedings,
    make sure her liscence gets revoked and she has to take public
    transit?
    I just look at the statistics: 2/3rds of multivehicle accidents are
    the fault of the bonehead cager, not the motorcycle rider. As a
    result, I make it a point to carry $100k uninsured medical coverage,
    even if it becomes the bulk of the insurance: On my girlfriend's
    EX250, its $40/year for the liability, but ~$160/year for the
    uninsured coverage.
     
    Nicholas C. Weaver, Aug 29, 2003
    #2
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  3. damien g

    barbz Guest

    Yes...I've thought for a long time that it would be a Good Thing to
    require insurance companies to notify the DMV of a policy lapse. I can't
    fathom why they don't do this, it would sure get a lot of uninsured
    jerks off the road. (in theory, anyways)

    barbz
     
    barbz, Aug 29, 2003
    #3
  4. Even if everyone had the state minimum, I'd still want the $100k
    uninsured/underinsured policy. The state minimums are pretty low, (I
    think it is $20k medical), and a broken leg can easily eat up more
    than that.
     
    Nicholas C. Weaver, Aug 29, 2003
    #4
  5. damien g

    mike Guest

    I topped that with just a concussion at Stanford Medical[1].


    [1] Bastards! They attached a lien to my accident settlement so they
    could recover the money they lost by agreeing on a set price with my
    health insurance company *before* they discovered it was an accident and
    I had an attorney.

    --
    Mike

    I didn't crash, there was a sudden burst of gravity.

    icq - 219328929
     
    mike, Aug 29, 2003
    #5
  6. That doesn't actually get them off the road. That's the problem in CA.
    As it stands, several insurance companies (21st, probably AAA) are tied in
    with DMV so that you don't need to submit proof of insurance for renewals.
    I imagine that within a week or two of a failed renewal, they could mark
    that change. But then what? It shows up when a cop runs a license check,
    but generally that's done when the vehicle and its driver have been pulled
    over. (and it's not illegal for a car to sit parked, uninsured)
     
    Jason O'Rourke, Aug 29, 2003
    #6
  7. damien g

    Rich Guest

    Is that the case always, or just on private property?

    R, UB
     
    Rich, Aug 30, 2003
    #7
  8. Cars need registration, drivers need insurance. On private property,
    I believe both become optional.
     
    Jason O'Rourke, Aug 30, 2003
    #8
  9. damien g

    John Beck Guest

    However, if you plan on storing a car for a while (> 1 year) - do not
    let the registration lapse -- spend the annual $5 (may be more now) to
    file a Non-Op. It pays for itself in reduced hassle if/when you want to
    re-register or sell the car.
     
    John Beck, Sep 1, 2003
    #9
  10. Didn't she have a car?
     
    Jan Brittenson, Sep 1, 2003
    #10
  11. damien g

    RPW Guest

    Insurance companies don't want to notify anyone of a cancellation because they
    don't want to have to insure everyone. They know people get insurance so they
    can register a vehicle, then drop the policy. And it's okay with the company
    because those people are bad risks generally. So they get the bucks for the
    frst installment, hold their breath, and lapse the policy quietly. That way
    they get rid of the bad risk, and keep the money. If everyone had to keep
    insurance all the time, or face license and registration suspension upon
    notice of policy lapses, then everyone would have to be covered by the
    insurance companies, and they want to cherry pick. It's way more profitable
    this way.

    Bob
     
    RPW, Oct 2, 2003
    #11
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