In serious need of some help/advice....

[tomc92bb000059]

Guys, see thread below...Go to middle of second page and start reading where I was hit... then see my last post...

http://www.nsxprime.com/forums/showthread.php?t=82504

I am at a total loss as to what to do now...

I need suggestions, advice, etc. on how to go about getting a lawyer, I am sad to say... Problem is, the guy is in IL, I am in NC, and I don't have a clue how all this works. Do I need an IL lawyer, a NC lawyer or what???

I'm so emotionally upset right now that I'm not thinking clearly, so any help would be great....

 

[john@johnhudakracing]

Guys, see thread below...Go to middle of second page and start reading where I was hit... then see my last post...

http://www.nsxprime.com/forums/showthread.php?t=82504

I am at a total loss as to what to do now...

I need suggestions, advice, etc. on how to go about getting a lawyer, I am sad to say... Problem is, the guy is in IL, I am in NC, and I don't have a clue how all this works. Do I need an IL lawyer, a NC lawyer or what???

I'm so emotionally upset right now that I'm not thinking clearly, so any help would be great....

The insurer is openly entitled to make their own judgment's based on the facts they deem significant, after collecting statements and inspecting the damage from all parties. The fact that there was a contrary officer's notation on the accident report often proves inconsequential to their final determination of fault.

Obviously in this instance they claim that primary fault was your own, and it might have little to do with the actual facts. Obviously it almost always comes down to he 'said/she said' making such things difficult for everyone. Still, it sounds to me like you have a lot of witnesses/ supporting facts on your side relative to the other party, and the officers scribble helps to substantiate your version of events.

Due to the civil liability issues above and beyond, it may well be worth retaining counsel here. Know that more likely than not they already know more than you do... or something you don't. For example, that decision could well be because the motorcyclist didn't have insurance, license, etc... giving them no avenue to recoup... and good counsel would see right through it and start poking holes. I wouldn't suggest to role over right away on a letter before getting a professional opinion.

All in all, I'm glad to hear the biker and the rest of you escaped without significant injury. Hopefully in the future the motorcyclist can manage a scenic club drive without causing a pile-up, or otherwise inviting first responders to join in.

 

[RSO 34]

I am presuming that you had collision coverage on your car which means you collect from your carrier regardless of perceived fault, minus your deductible. It would be up to your carrier to go after the biker in a subrogation action to recoup their loss payment to you as well as try to get your deductible. You should not need a lawyer to collect from your own policy. You should fight this being a chargeable incident and dispute their "investigation" with your own statement to them but I don't know why you would think you need an attorney.

How high a deductible did you have and did you not have rental coverage?

In terms of jurisdictional analysis, if the biker operated his motorcycle in the state of North Carolina, where you live and which is the situs of the accident, your statutes should allow for obtaining personal jurisdiction over him in North Carolina for the purpose of filing a claim. I am not familiar with North Carolina laws but I know in NY you consent to the jurisdication of NY courts simply by operating a vehicle in NY and becoming involved in an accident in NY.

 

[DocL]

You need an attorney licensed in the state where the crash took place. I have an attorney who specializes in these types of cases if you need somewhere to start. PM me and I'll give you his contact information. I can tell you this much; do not discuss this anymore with any insurance company, and stop posting about it.

 

[tomc92bb000059]

Yes, you are right about being able to collect through my policy, which I already have. Problem is, I am now out a deductible, and a weeks worth of rental car. Not to mention the fact that I now have a claim on my policy, for a good bit of money, which I am assuming will cause my rates to skyrocket, and for State Farm to possibly drop my coverage. I just can't get over the guy straight up lying, and the insurance company not believing a police report where it clearly states he was in my lane. To me, that would be like me going to court over a speeding ticket, and just saying no, I'm not paying it because the police officer was wrong.

I am going to call my claim rep tomorrow, and ask what she did to further the investigation to show I was in the right. Since both myself and the cyclist are with State Farm, I'm guessing not much.

Thank you for your responses.

Tom

 

[tomc92bb000059]

Good Advice DocL. I'll be sending you a PM. Thank you.

 

[john@johnhudakracing]

Since both myself and the cyclist are with State Farm, I'm guessing not much.

Thank you for your responses.

Tom

Ahh, I would say that is a key fact here. If both claimants have the same insurer, things often can get a little more dicey. In that instance, if you want the best results I would also recommend heeding Doc's advice and refraining from any further non-essential contact that isn't written through a specializing attorney. In essence, they have already made the first move, and put you on the defensive as their own insured.

 

[sahtt]

God I love insurance companies. GET A LAWYER.

About 5 years ago I was involved in a multi-car crash on an expressway in Houston, the kicker is a car hit and ran one of my friends, caused him to spin out, and before you know it we were all crashed and the assailant was long gone!

I was at 0% fault as I was nearly pulled over to the side of the road when my friend, avoiding the spinning out other friend, ran into me. The car was relatively OK, I actually drove it home that night.

I ended up being at 10% fault because the police report wasn't "clear", too bad one of the cars was a 60k$ benz, and both passengers received serious injuries, amnesia and a severe concussion, and the other a cracked pelvis. You don't hear about either of those too often. Both parties were in some form of physical/mental therapy for 1-2 years. $$$$$$^$$

My insurance SKYROCKETED for 3 years AND I had to go through MY insurance company to get my car paid for. I can't imagine how much I would have saved if I had just refused that 10% blame somehow.

I was on the phone with 3 insurance companies for 2-3 hours a day for almost 2 weeks, completely in vain.

It was a horrendous nightmare. GET A LAWYER, you may be able to figure the few grand you are out right now if you get a lawyer, but you cannot FATHOM how much you might be out 3 years from now if you don't get a lawyer.