CA auto accident claim question

here's some background info and my question:

i was struck by a pickup truck while waiting at a stoplight on my
motorcycle. i was taken away by ambulance and thus didn't really get
to talk to the responsible driver about whether they had insurance.
thus when i got out of the hospital i opened a claim with my own
insurance co. for the damage to my bike just in case. turns out she is
insured and i will be pursuing a claim for all the rest (medical
costs, lost wages/livelihood/etc., pain & sufferring, etc.) through
her insurance.

the bike is totalled and my insurance co. is offerring compensation
for my claim. however, a friend cautioned me that if i sign and accept
this money for my bike it waives my right to any other claims
associated with my accident. is this true? it doesn't make sense but
i'm sure that's got not a lot to do with it. If anybody's got any info
or experience with this it'd be greatly appreciated.

thanks in advance,

damien g

 

Absolutely wrong.

My wife was nailed head-on (in her car) by a Mtn. View garbage truck. Her
car was totalled.

AAA, our insurance company, paid off her car when it was totalled.
Negotiations with the garbage truck company are ongoing, and have nothing to
do with the vehicle being paid off. AAA is responsible for suing their
insurance company for reimbursement of their losses.

Larry
--
______________________________
'86 GL1200 A
'84 XV700
Brain Damaged Dog ~ Retarded Cat
______________________________

 

[cc'd to previous poster; follow-ups in newsgroup suggested]

You were injured seriously enough to be taken to the hospital, and
you don't have a lawyer? In the nicest, most respectful way
possible, I ask: are you nuts?

Your friend was right: If you sign a release you (probably) sign
away your right to recover any further money. Don't even think about
doing it until you've talked to a lawyer. The initial consultation
will almost certainly be free, and it is quite likely that with a
lawyer's help you will get more money (even after paying the
lawyer's fee) than you would get on your own.

Remember, the at-fault driver's insurance company has a lawyer.
You'd think your own company would look out for you,(*) but in fact
their interest is to close the file with as little effort as
possible. NEITHER company will take you seriously unless you have a
lawyer.

(*) I made this mistake when a bus knocked my car off the freeway at
60 mph. Learn from my mistake!

--
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com

 

Talk to a lawyer NOW.

 

This is nothing to base a decision on from advice on Usenet. I suggest you
contact a personal injury lawyer. Depending on where you live, the bottom
feeders who advertise in full-page ads in the yellow pages may be the right
choice, but if I were in your situation, I'd talk to anyone else you know who
has ever been injured.

Insurance companies will almost invariably screw you given the chance, and it is
very likely that your friend's caution is accurate. In any case, you're not
going to get the most out of it without a lawyer. They'll assume you don't know
what you're doing (which is probably the case unless you're a personal injury
lawyer) and lowball you.

Additionally, it pisses me off to hear another story about someone on a
motorcycle hit at a stoplight. I hear about that way too often.

 

Get a shyster lawyer, quick. He will make sure you get the most
possible (his fee depends on it). Make no claims against your
insurance.

nb

 

I take it that you have comprehensive coverage with your company, and
are therefore covered (to some degree) regardless of whatever other
insurance may be involved. Generally speaking, you do not want to
avail yourself of this in your circumstances, as the insurance
companies do talk to one another, and you won't be paid twice for the
same damage. Your insurance will not cover your deductable, for
example. If you need some money in a hurry, this might be OK, but read
the fine print in any agreement carefully first, because I wouldn't
put it past them to slip something in that would relieve both insurers
of any further responsibility -- especially if both you and the party
at fault are insured by the same company.

Al Moore
DoD 734

 

consult with an attorney who specializes in injury cases. immediately.

 

Yes it is true. My father in law was hit by a drunk driver and wisely did
not settle his claim immediately. His recurring back problems are therefore
covered. So yes it's common practice for an insurance company to try to
settle the claim as soon as possible. You would be best off speaking with
your doctor(s) and also a lawyer, you'll get better advice from
professionals than from anecdotes off the Internet.

 

(damien g) wrote in message

Is your insurance company asking you to sign anything stating that
this is all the compensation you get? Probably not. It sounds like
you're being covered under your own collision policy. The nice thing
about these policies is that you're covered immediately by your
company regardless of fault, and then get to turn around and fight
with the other guy, with the necessary cash already in hand (this
stuff can take years). When you settle with the other driver's
insurance company, your company will want to be paid back, assuming
you got as much or more from the other company than you got initially
from your own. It's when you settle with the other driver's company
that you sign a bunch of paperwork promising not to sue anyone and
waiving your right to future claims. Your insurance agent should have
explained all this to you. If not, get a new insurance company!

-ann

 

(damien g) wrote in

You should probably talk to a lawyer. I think Doc's reply applies if the
other driver's insurance company has offered you a settlement--they'd
almost certainly accompany it with a waiver of liability. However, what I
read is that your insurance company is offering a collision payout on your
bike (to be recompensated by the other drivers' insurance) rather than
making you wait for the other company to cough up the cash. That much is
pretty standard in an collision, but I have no idea if it messes up your
chances of getting additional medical, pain and suffering, etc, later.

A conversation with a lawyer will run you less than $100--sounds like you
have a lot more than that on the line.

Geo

 

Three things:
DON"T sign anything.
Get a full medical evaluation and prognosis.
Hire a 'respectable' personal injury lawyer. ( David G.Smith, in Oakland is
very good)

--
Jim Stinnett
VTR1000
NT650
Too much motorcycle information @
http://moto-rama.com

 

It can be, what you need to do is negotiate a limited release with
your insurance carrier. I.E. release them further claims you may have
against them, and assign them the portion of claim (i.e. physical
damage, and perhaps medical expenses paid) as a result of the
accident. Having paid for those, they have a right to go after the
other party, and the normal release you sign passes all claims to the
insurance carrier.

most carriers are willing to accept assignment for only the portion of
the claim they have paid out for, and leaving the rest of claim as
yours to file for lost wages, loss of value, pain, suffering, and
punitive damages etc.

 

First thing to do is get the accident case from the law enforcement agency
that took the case. The other parties insurance info will be on the SR1
form. Then file a SR75 form with the DMV to make the other driver provides
proof. Get an attorney lined up just in case. The insurance company will try
to settle this ASAP and get you to release them of any future liability. If
you question your physical state about any lingering damage that might cause
problems later DO NOT RELEASE the carrier. Have your lawyer review and
negotiate claim.

Good luck!!

 

If they refer you to a chiropractor, run like hell. I was hit, I was
referred, I think it's a quack insurance scam run in conjunction with
cheesy ambulance chasers. You get hurt, get real MEDICAL treatment. I
know too many people who have been referred to some chiropractor who
only made their problem worse. At least a medical doctor has a real
degree...

It's legal to kill us, because we refuse to wear seatbelts.

barbz

 

Perhaps you were lucky. I have an acquaintance who used to ride.
Following an accident, he chose chiropractic care over standard
medicine. Unfortunately for him, the treatments exacerbated his
injuries, resulting in permanent damage. Chiropractic care might be all
right for some conditions, but after his experience, I'll stick with
good old real medicine, thenkyouverramuch.

barbz

 

YMMV. I've had good results from chiropractic. But I certainly
wouldn't take a referral from a party at interest in the case. That
would apply equally to an MD.


There are too many crashes at stoplights period. It doesn't take an
actuarial degree to figure who is going to get injured worse when one
of the participants is on a motorcycle. But that's an inherent risk.
What I don't know (and would be surprised to learn) is that
motorcycles are involved in these crashes more frequently than their
prevalence in the motor vehicle population would warrant.

Is there any information on that?

R, UB

 

Sorry about your friend's experience. I retain both an MD and a
Chiropractor. Sometimes I get better results with one, sometimes with
the other. It works for me to keep both of them informed.
R, UB

 

I don't know what the current practice in California is, but back when
I studied business law in New York it was standard for an insured to
subrogate their claims as a condition for being compensated under the
collision policy. The right to sue the other party (and their
liability insurer) then belongs to your insurer, not to you. If they
get a larger settlement of the claim than they gave you, they are not
automatically obligated to share their good fortune with you.

The open issue is whether if you subrogate your property damage claim
you have somehow impaired your personal injury claim rights. That's
what you need your lawyer to review before you sign anything.



R, UB