Sport Bikes banner

1 - 14 of 14 Posts

·
Registered
Joined
·
175 Posts
Discussion Starter #1
I seen that we have a few lawyers on here and I had a question. My wife was in a car accident a couple of months ago. A collage girl ran a stop sign and T-boned my wife. The car was totaled, she missed two weeks of work and lots of medical bills. It comes to about $4,000 in expenses. Their lawyer offered us only $1,500 and their insurence claims that my wife was 25% at fault so they will only pay %75 of costs.

My question is this......how can they say my wife is %25 at fault when the other girl ran a stop sign? There were many witnesses, the girl admitted running it, and it is even on the police report that she said "I wasn't paying attention."

I am sure they are just trying to pay the least amount of $ but what the hell?
 

·
#1 Gear Nazi
Joined
·
4,748 Posts
Don't let these insurance companies dick you around. I'm not a lawyer but I've got a couple in the family who have helped me out in the past. Insurance companies will always give you a lowball offer at first, basically find a nice way to say "blow me" and tell them you will be contacting your lawyer, normally they will try to keep you on the phone at this point. Just explain every bill, save all paperwork, and get what you deserve, full repayment. Hell, I had a sprained wrist from an accident and I argued my way up to $2500 w/ compensation for days of work missed. Also, there is no such thing as 75/25 fault accident, there are no-fault accidents and there are at-fault accidents, there is no gray area, especially in a situation where someone runs a stop sign.
 

·
Registered
Joined
·
13,267 Posts
There are MANY grey aeras, depending on policy and laws of the state you live in. If it's a no-fault state or not. Hawaii is a No Fault state. I dont know what yours is but it sounds like they are trying to screw you. When YOU hit another car You are at fault. Thats why I say you are being given the treatment. The other girl is at fault 100% Get a lawyer and get what you are intitled to. Good to hear your wife wasnt injured too badly. Hope she's doing better!

Don't let then give you and 75/25 crap, she hit your car. She is the at fault. Tell her insurance company you WILL NOT accept that and are getting a lawyer. That will scare them into possibly changing there yune. Good Luck Bro! Aloha, KH
 

·
Registered
Joined
·
1,471 Posts
Some states do percentage of fault. Many insurance companies claim your are partially responsible for an accident simply by being there.
 

·
Registered
Joined
·
175 Posts
Discussion Starter #5
We actually retained a lawyer the next day. We are in Nebraska and the other girl and her insurence is from Iowa. I know they are trying to scerw us, but we have a good lawyer. I just think they are just trying to get out of paying what they owe. I also understand that is part of the game, but, saying my wife was partially at fault? No court in their right mind would believe that.

Oh yeah, one detail I left out. The girl was on her cell phone when she ran the stop sign.

Wifey had a full recovery. She just had brused and sore muscles. The good news was she was on her way to pick up the kids from daycare, not already picked them up.
 

·
Head Rooster
Joined
·
3,438 Posts
TK5028 said:
We actually retained a lawyer the next day. We are in Nebraska and the other girl and her insurence is from Iowa. I know they are trying to scerw us, but we have a good lawyer. I just think they are just trying to get out of paying what they owe. I also understand that is part of the game, but, saying my wife was partially at fault? No court in their right mind would believe that.

Oh yeah, one detail I left out. The girl was on her cell phone when she ran the stop sign.

Wifey had a full recovery. She just had brused and sore muscles. The good news was she was on her way to pick up the kids from daycare, not already picked them up.

The sad thing is there ARE courts who will believe that. A few years ago I got t-boned by a dumb broad who ran a stop sign. The miserable old crusty cop who showed up apparently felt that I deserved a ticket (which I got and it was $400 to boot). I contacted a lawyer and the best they could do is get it dealt down to traffic school. The judges here are in the pockets of those with money and I don't have much.
 

·
Registered
Joined
·
1,903 Posts
I'm not sure with the specifics, but if she did a california roll-and-go or didn't look, etc, etc, I could see how they might assign partial blame for an accident. Why did they claim that she is 25% responsible?
 

·
Registered
Joined
·
175 Posts
Discussion Starter #8
wescoas1 said:
I'm not sure with the specifics, but if she did a california roll-and-go or didn't look, etc, etc, I could see how they might assign partial blame for an accident. Why did they claim that she is 25% responsible?

Not sure on the reason. Her insurance contacted our insurance on the 25% thing. It was deffinatley not a roll-and-go. Witnesses said she didn't even try to stop and the impact speed was estimated at 30 MPH. It is also a school zone which is a 25 MPH limit.

I cannot see how there could be partial blame under any circumstance. She ran a stop sign.
 

·
Registered
Joined
·
175 Posts
Discussion Starter #9
ASCI_Blue said:
The sad thing is there ARE courts who will believe that. A few years ago I got t-boned by a dumb broad who ran a stop sign. The miserable old crusty cop who showed up apparently felt that I deserved a ticket (which I got and it was $400 to boot). I contacted a lawyer and the best they could do is get it dealt down to traffic school. The judges here are in the pockets of those with money and I don't have much.

Sorry to hear that. Unfortunaly you are right. There is a chance we could get a dumb judge. Our lawyer is going for a lawsuit. Hopefully the other insurance will pull their head out of their asses and pay up before it reaches court. We have a good lawyer. This is not the first time my wife has been hit so we have used him before.

Just in case someone wants to be a smart ass and say there is a pattern here, the other accident was NOT her falt. The other driver backed out of her driveway into my wife on a main street.
 

·
Registered
Joined
·
43 Posts
........many years ago..(1980)..my wife and i were on a motorcycle trip(honeymoon)...passing thru santa cruz,Ca....we had the green light passing thru an intersection, a VW beetle is going thru ,,,then she takes a LEFT..right into MY path..of course my last recollection before impact is o#%!!*!!!!!....i hit her right front fender, and my head bounced off her roof..i woke up un the road about 30 feet from the bike...my wife miraculously only had a bruised ankle, my injuries were aso minor, broken/bruised ribs and a sprained wrist.....the "wing" was totaled.....anyhoo....when the copsd arrived they started yelling at ME to get the bike out of the intersection....the chick thet hit us had run up to us and apologized that it was her fault, then when i was trying to get the bike out of the intersection, she apparently lied to the cops and made up a wild story.....the cops were pretty useless as far as i was concerned,,,,i left the bike whre it landed so they coud determine what happened...it was totally HER fault....the dumb cops were calling it "comparable negligence".....i got a full insurance settlement that covered the bike,and a little extra to fly back to boston....fortunately we had friends that we stayed with for about 3 weeks...so at least we got to party.....moral of story...u have to fight for your own justice...
 

·
Registered
Joined
·
430 Posts
wow, I guess i have always been lucky when it comes to dealing with cops, when I had my accident in my RX-7, the cops decided I was speeding, and still gave the other guy 100% of the blame, since he had a stop sign, and I didn't, Meh, I have seen most people who have a big problem with officers are the ones who piss the cops off.
 

·
Posse Pimp Daddy #1
Joined
·
2,767 Posts
Yet another reason to keep idiots from using cell phones while driving..... Thank god your kids weren't in the car...good luck man
 

·
#1 Gear Nazi
Joined
·
4,748 Posts
Cell phones are illegal here anytime the engine is running, even if you pull over you can still be ticketed if the engine is running. Cool part is, they actually enforce the law too. People who just arrive here are always getting caught for it.
 

·
Changed bikes again
Joined
·
30 Posts
I went a few rounds with an old guy's insurance company after he hit me on my R1 while pulling out of a driveway. Took 8 months of fighting with them just to get the hospital, rehab and bike value from them. They even tried to appeal the courts decision. The judge in the case said they were lucky I wasnt asking for punative damages or anything else or they would really be paying some serious cash out. But thats the kind of response you will get from a small insurance company.
 
1 - 14 of 14 Posts
Top