That is what i was thinking.

The way you present this suggests that the other side's argument (supported by the laws of most states) is that
1. u were speeding.
2 u were following too close to address events in front of you (tailgating).

However, the "act of god" theory gets shot in the foot as the police inspection shows negligence in the operating pressures of the tire. This is relevent in that it can cause the tire to overheat. So it can be argued that the other tires were not properly inflated.
This would suggest that the "professional driver" that is expected to be trained and act in a safe manner (including proper maintenance of the vehicle), did not do so.

THis would suggest a "shared fault" circumstance, but I think the real error was the following too closely for conditions and that will end your argument.

Pretty much sucks,

Hope you and your friends heal well.

 

We wern't follwing the truck. It was in the right hand lane and we were in the left lane. Most of out group was already past the trailer wheels when it happend.

 

I was in a three year WAR with an insurance co. back in '01-'04. I finally beat the SOBs, but the lawyers got over half of the $$$$$ that were on the table. Still worth it, as I wouldn't got one cent without them and the insurance co. had to pay out the ***, FINALLY. I hate all insurance co.!

 

Insurance company's spend millions and millions every year on lobbyist in Washington. They are constantly passing laws that protect there interest and basically screw the customer. Its one of the few business were you are required by law to purchase the product, yet when its time to use it there is almost always a loop hole that allows them to escape there obligations to the customer.

 

I'm a retired LEO guy- 30 years experience investigating every kind of accident you can think of..We NEVER ESTIMATED speeds of vehicles as they are tossed out in court immediately. Have you seen the actual police report? Does it really state the bikes were going 75mph and the truck 72mph??- or is this just what you were told??? The only way the officer could attest to the speed is if he had both the truck and bikes on radar or a laser-style radar. Also many vehicles are equipped with the "black box" (not sure if bikes are) which the police accident reconstructionist can access and obtain data from- so my question would be was there a complete accident reconstruction done? Or did the officer just take statements?? Sounds to me like another insurance company load of BS..get another lawyer to look at it..I know its $$$ but might be worth it..Act of God or not- the accident would not have occurred if the tire hadn't blown...

 

Oh another thing- an accident reconstructionist can usually only conclude that a vehicle was travelling within a range of speed ( say between 70 - 75) at the time of the collision, especially if the vehicle is not equipped with a black box..

 

I don't think they did a accident reconstruction. I haven't seen the accident report , but I do have a copy of the trucks inspection that was done right after the accident. In that it has the trucks speed at 65 MPH. So if the truck had a black box that would have been when they checked it. There is no doubt my insurance co is screwing me over. thats why I made this post to let other people who might have GMAC know what they might be in for.

 

This is another one of those WTF over.
Your insurance covers you speeding robbing a bank . Heck if I steel your bike it covers me while riding it. Act of god or not if anything came off a truck and hit you they are done for.
I owned a trucking company been there done that.
I think this post has holes in it.

 

Sorry Harleyinnc but under/uninsured insurance coverage does NOT cover medical bills. Never has, it covers the vehicle only. If you want your medical bills covered then you have to pay a premium same as for collision or comprehensive. All insurance companies are this way. I don't carry medical because I have health care insurance through my job which will cover injuries sustained in a vehicle accident.

 

Well I have accident reports and witness statements to prove everything I said in my post. Don't care what you think.