General Harley Davidson Chat Forum to discuss general Harley Davidson issues, topics, and experiences.
Sponsored by:
Sponsored by:

Bikers Down/Advice

Thread Tools
 
Search this Thread
 
  #1  
Old 06-18-2016, 11:38 PM
cherry686's Avatar
cherry686
cherry686 is offline
Novice
Thread Starter
Join Date: Nov 2011
Location: Clay, Ky
Posts: 16
Received 0 Likes on 0 Posts
Default Bikers Down/Advice

My wife and I were in an accident just outside of Maggie Valley, NC on 5-6-16. A man in his late 70's decided to take a nap at 12:15 in the afternoon and hit us head on , resulting in lower leg amputations , broken femurs and busted and broken arms for my wife and I , all on our left side as I was sliding from hard breaking trying to avoid the guy. She also suffered a broken pelvis and compression fractures in her back .

He gets a ticket for reckless driving and a totaled out Cobalt out of the deal. Now, I know if I hire an injury lawyer he's going to get 1/3 of what little insurance check we will get from the guy and then 1/3 of what we will get from our own policy for under insured (him) motorist. This sucks . Anybody been thru anything like this ? I would love some feedback .

Not looking for a pity party .
 
  #2  
Old 06-19-2016, 02:04 AM
_Gir_'s Avatar
_Gir_
_Gir_ is offline
Road Warrior
Join Date: May 2012
Location: CA
Posts: 1,956
Received 74 Likes on 60 Posts
Default

Can't your insurance company fight for you?

If they fail then take it to court.
 
  #3  
Old 06-19-2016, 02:15 AM
Prot's Avatar
Prot
Prot is offline
Club Member

Join Date: Aug 2008
Location: Lafayette, Louisiana
Posts: 21,758
Received 14,165 Likes on 6,216 Posts
Default

Chances are the guy has a house, property, retirement money, etc. Those things are up for grabs if the damages exceed what his insurance policy covers.

If they would have given him ten different citations, it would not really make a difference so don't focus on that.
 
  #4  
Old 06-19-2016, 02:29 AM
JohnMn's Avatar
JohnMn
JohnMn is offline
Outstanding HDF Member
Join Date: Sep 2014
Location: Minnesota
Posts: 2,717
Received 272 Likes on 211 Posts
Default

Originally Posted by cherry686
I know if I hire an injury lawyer he's going to get 1/3 of what little insurance check
IF ?
I find it unbelievable that you haven't an attorney now.
You have to ask here?
Get the best injury attorney in the state.(period)
2/3's of 20 million is still pretty good,, what are you going to do? Go to court with his insurance company yourself?
Your not going to sue him,, even if you win, he files bankruptcy,, so what,, your after proper compensation from the insurance companies,
Hire an attorney.
 
  #5  
Old 06-19-2016, 05:14 AM
tbob's Avatar
tbob
tbob is offline
Outstanding HDF Member
Join Date: Oct 2009
Location: Smalltown,USA
Posts: 2,790
Received 690 Likes on 465 Posts
Default

Have a friend who got hit and hired a attorney and guess what your insurance company loves it because your settlement pays the medical amount off the top first.Then attorney
gets his and then you get what's left.Bad thing is the attorney never told her up front how it all gets sliced up. I will tell you it's a long process and I wish you the best.
 
  #6  
Old 06-19-2016, 05:52 AM
0maha's Avatar
0maha
0maha is offline
Seasoned HDF Member
Join Date: Nov 2012
Location: Omaha
Posts: 6,513
Received 4,668 Likes on 1,660 Posts
Default

1) Get an attorney.

2) Understand that every word you post about this on the internet will be used by the opposing insurance company to **** you over.

Good luck.
 
  #7  
Old 06-19-2016, 05:54 AM
slick813's Avatar
slick813
slick813 is offline
Tourer
Join Date: May 2006
Posts: 250
Likes: 0
Received 5 Likes on 3 Posts
Default

I dont think you have a choice here, you have to hire someone with experience in matters like this. You need to hire an attorney in my opinion. Good luck
 
  #8  
Old 06-19-2016, 06:05 AM
Axis39's Avatar
Axis39
Axis39 is offline
Road Captain
Join Date: Jun 2010
Location: Fredericksburg, VA
Posts: 533
Received 55 Likes on 47 Posts
Default

Hire an attorney.

Your attorney will file a lawsuit against EVERYBODY who might even be slightly involved. Then his insurance company ends up settling everything. Sadly, it's the way it works.

But, without an attorney, the insurance company will try to get you to settle for a pittance!

Protect yourself, NOW!
 
  #9  
Old 06-19-2016, 06:17 AM
Stiggy's Avatar
Stiggy
Stiggy is offline
Seasoned HDF Member
Join Date: Nov 2010
Location: Oxford, Nc
Posts: 17,461
Received 5,547 Likes on 3,057 Posts
Default

Going on 2 1/2 years since the DOT pickup ran the stop sign and left me with some permanent injuries. I have an attorney taking us through the process and he'll get his 30% - after we reimburse our insurance company $50,000 (their charges get 'subrogated' to their insurance company but the settlement comes through me,) and what's left is what I keep.


So I know up front what my costs will be an hope to adjust my settlement claim accordingly. It sucks, but the only thing worse is not having an attorney. I guarantee you that his insurance company does.
 

Last edited by Stiggy; 06-19-2016 at 06:37 AM.
  #10  
Old 06-19-2016, 06:20 AM
Dennis777's Avatar
Dennis777
Dennis777 is offline
Intermediate
Join Date: Sep 2012
Location: Virginia
Posts: 29
Received 0 Likes on 0 Posts
Default

Originally Posted by cherry686
My wife and I were in an accident just outside of Maggie Valley, NC on 5-6-16. A man in his late 70's decided to take a nap at 12:15 in the afternoon and hit us head on , resulting in lower leg amputations , broken femurs and busted and broken arms for my wife and I , all on our left side as I was sliding from hard breaking trying to avoid the guy. She also suffered a broken pelvis and compression fractures in her back .

He gets a ticket for reckless driving and a totaled out Cobalt out of the deal. Now, I know if I hire an injury lawyer he's going to get 1/3 of what little insurance check we will get from the guy and then 1/3 of what we will get from our own policy for under insured (him) motorist. This sucks . Anybody been thru anything like this ? I would love some feedback .

Not looking for a pity party .
I went through something very similar in 2009. You want to lawyer up now. don't post anything relating to the incident. Every state has different laws and it take a good attorney to sort through them.
my 2 cent worth.
 


Quick Reply: Bikers Down/Advice



All times are GMT -5. The time now is 08:13 AM.