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Daytona Deliberations For owners and riders of Daytona 900, 955, 1000 & 1200

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Old 11-15-2012, 12:48 PM   #11 (permalink)
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Have your own insurance company deal with this - let them handle it, you should not have to get involved with the other party or their insurance directly yourself.
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Old 11-15-2012, 01:29 PM   #12 (permalink)
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First, glad to see you're up and about. The bike damage doesn't look particularly bad, but from your descriptions it sounds like you took quite a beating.

On to the details.

That you thought to try to save the driver's family some costs is great; if more people thought like this we'd need fewer lawyers in this country.

But...as you've now seen no good deed goes unpunished.

Why should you be out of pocket for this? As you said, you're looking at major medical bills - why should those be paid by you or your medical insurance (which will still cost you quite a lot either in co-pays, deductibles, or premium increases) when you were at no fault. Literally, you were just standing there and he ran into you.

If you happen to have great wealth and can bear this financial burden and want to do this out of the goodness of your heart then more power to you. But I don't think your name is Gates or Rockefeller is it?

As you've seen, it almost never pays to try to settle these things yourself. Were it something simple; maybe just the damage to your bike, you might be able to do it and keep it off the insurance. I've done that with very minor things and it usually benefits both parties to do so since insurance companies tend to raise your rate whether you were at fault or not. But when medical expenses are involved you simply can't handle this on your own.

You're best bet is to simply hand this over to your insurnace carrier. I can see no reason the other driver's insurance should not cover this. They don't need 'full' or any sort of premium coverage; the basic liability insurance required by pretty much every state is there for exactly this reason - to cover THEIR liability should they damage somebody ELSE. In this case, that would be YOU.

Further, your insurance should be under legal obligation to defend you and seek damages from them. Even if you have the most basic coverage that wouldn't pay for the damages you sustained, they should be seeking those damages from the other party's insurance.

It is possible that they don't have enough insurance to cover your medical bills. They may have a low limit policy; say something that only covers $100K of medical liability. In that case you would have to sue the actual driver (and/or his family) for any amount above and beyond the limit of his policy, but you should still be entitled to coverage up to the limits of that policy.

Insurance is a mixed blessing. I hate insurance companies; hate paying those premiums out month after month and getting nothing back in return. Until that one moment when you need them. This is that moment. You've been paying your premiums and now it's time for them to earn that money.

Turn it over to your insurance company and don't talk to the family any further. You only stand to loose if you do.
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Old 11-15-2012, 02:12 PM   #13 (permalink)
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I almost hate to say it but, we aren't dealing with a couple of bumps and bruises here. Step one, in this case, find a lawyer. I did a quick google search and came up with http://www.michiganbiker.com/

I don't know anything about that site, I just found it, but you have to start somewhere I suppose.

Step 2, call your insurance company. Like I said, this isn't just a little scuffed paint and you are hurt. Get the bloodsuckers involved and hire bloodsuckers to watch the bloodsuckers.

Sorry to hear about your injuries and good luck.
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Old 11-15-2012, 02:53 PM   #14 (permalink)
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Quote:
Originally Posted by Trix313 View Post
Drivers Mother's car was the one involved and it has full coverage, I just spoke with them and they said im stuck I get nothing but I can sue for medical bills.. but because I have no fault on mine (winter) that I'm s.o.l I havent slept and I'm hurting pretty bad sorry if I have left any holes in the story. I just going on good faith that the family will do the right thing and pay for the fixes.. if its under $500 then why make a claim just pay to fix it.. JUST got a txt message JUST now, since I dont have full coverage, I get squat both parties have to have full coverage in order for them to fix anything mechanical, only will pay for medical she just said.

I just had a very similar accident. I was parked at the gas pump and someone backed into my pickup truck while I was filling it. The driver was an 18 year old who was driving a car that was owned and insured by his friends mother, out of state. I called the police, who took all the information, and impounded the car until the owner could provide proof of insurance. I didn't want to get involved in trying to deal with an out state driver, a car licensed in another jurisdiction, or any argument with someone elses insurance company.

Like I said, I just turned it over to my agent and let it roll. If the car that hit you has full coverage, I don't think they can just tell you to stuff it.

EDIT: The police at the scene said that because I was parked, off the roadway, when I was hit, I have no culpability and am not even required to be insured to collect damages from the offender.
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Last edited by PopPop; 11-15-2012 at 02:56 PM.
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Old 11-15-2012, 03:18 PM   #15 (permalink)
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In Michigan motorcycles aren't even considered a "motor vehicle" for insurance purposes. A lawyer is about the only way to get satisfaction here.

I've read stories of thousands of $ worth of damage not being covered by the other parties insurance because the accident didn't involve another "motor vehicle". And thats not just hearsay, it's from people I ride with every summer.
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Old 11-15-2012, 06:41 PM   #16 (permalink)
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Lots of great advise from the heart here. Get a mean hungary lawyer if he can smell money he will be willing to take it with no money up front and a % of the settlement. You were NOT at fault DON'T be a victim. Sounds like the drivers family doesn't care about your pains MAKE EM PAY. Out here in Kalifornia you would have him by the stones. Hope you mend soon.
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Old 12-06-2012, 01:28 AM   #17 (permalink)
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not really relevant to your plight...
I live in the detroit area too, where did this happen?
696 & i-75
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Old 12-06-2012, 01:47 AM   #18 (permalink)
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Originally Posted by grath View Post
I almost hate to say it but, we aren't dealing with a couple of bumps and bruises here. Step one, in this case, find a lawyer. I did a quick google search and came up with http://www.michiganbiker.com/

I don't know anything about that site, I just found it, but you have to start somewhere I suppose.

Step 2, call your insurance company. Like I said, this isn't just a little scuffed paint and you are hurt. Get the bloodsuckers involved and hire bloodsuckers to watch the bloodsuckers.

Sorry to hear about your injuries and good luck.
Ty for taking your time to read this post and do your own look up for a lawyer, I actually contacted that lawyer after I saw the post and he said I WILL LOSE IN COURT, no matter what due to me not having full coverage on my bike.. even in small claims court due to that fact. I was told by a friend that I could file a mini tort claim? covers anything over a $1000 in estimated damages..

Though I have yet to hear that from anyone else, but I did get a estimate for used parts which will be or are not in production any longer due to the fact the bike is over 12 years old guess that's when they stop making parts? I also had them give a estimate for new parts ones is close to a $1000, one is under a $1000
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Old 12-06-2012, 02:01 AM   #19 (permalink)
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So for all that have taken your time to read my story, I thank you greatly.

I'm healing well, but my funds are down to next to nothing with no help from the party that hit me grrr.. cost me $180 for the tow to the stealership and wait till you see how I got the thing home lmaoo they wanted $250 just to tow it home!!!!, I will post a pix the dealership guys had to take pics they said it was so foolish they had never seen anything like it lol..

I like to think positive out of all this mess the dealership had a bike same as mine same everything, and swiped a new set of carbon fiber dust covers for 50 bucks a piece =)

the most damaged part of the bike and the thing I didn't notice at the time of the accident was one of my twist on chrome fairing bolts popped a hole in the clutch cover, anyone have any suggestions on where to find a new/used one along with the gasket?

This is a 2 wrench maybe 3 in the manual, on a DIY project and I'm by far a mechanic let alone on a 190mph motorcycle.. The process of replacing the clutch cover doesn't appear to be so hard to replace, is it possible to recover and reuse the Amsoil that that I JUST put in the bike 20 miles on the oil.. I'm sure I will lose some but it can be caught and reused or just replace everything and go with new oil even though the stuff coming out is new?
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Old 12-06-2012, 02:07 AM   #20 (permalink)
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squeezed that bad boy in by less than a 1/8 in, into a painters astro van lol wasn't a calm ride home Hour of holding that heavy son of ah gun in the back for over a hour was something else..
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