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Accident involving motorist: Insurance procedural questions

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Accident involving motorist: Insurance procedural questions

Old 12-31-15, 06:31 PM
  #1  
lyrictenor1
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Accident involving motorist: Insurance procedural questions

Long story short: I was rear ended on the bike last week. Have video evidence. Police officer was nearby and able to write a police report. Due to video evidence that I had (thank God for GoPro cams), police report rightly states that the fault lies with the driver. Driver contacted her insurance company, and insurance company has called me for several days, wanting to get a recorded statement from me about the incident. I assume they have not yet received the police report.

I have not called them back yet, on the advice of one of my friends who happens to be a lawyer, who advises me to take no action until I receive a letter from the insurance company. One of the last messages from the driver's insurance company stated that if they don't find out if I'm injured and have a recorded statement from me, they will make a liability decision based on the info that they have.
Seems like they're trying to pressure me into making a recorded statement.

I have had an initial checkup from the doctor, an estimate for the damages to the bike, and a copy of the police report.

Where do I go from here?
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Old 12-31-15, 06:45 PM
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just be careful what you say here, it be used against you.
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Old 12-31-15, 06:45 PM
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Asking for legal advice on a forum when you have a lawyer friend is probably the first thing NOT to do.

Ask your friend for assistance/representation.
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Old 12-31-15, 06:47 PM
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yeah, hire the lawyer friend to call them back. they'll probably be responsible for those expenses as well.

And yeah, delete this forum post -- or ask your lawyer friend if you need to. I suspect he'll say yes.
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Old 12-31-15, 06:50 PM
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Originally Posted by vermilionx View Post
just be careful what you say here, it be used against you.
&1.

Don't say anything here.
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Old 12-31-15, 07:36 PM
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Originally Posted by softreset View Post
Asking for legal advice on a forum when you have a lawyer friend is probably the first thing NOT to do.

Ask your friend for assistance/representation.
^^this

Originally Posted by noodle soup View Post
&1.

Don't say anything here.
^^and this.

An insurance company will often deny a claim and make you fight them for it because some percentage of people in your situation simply don't respond. That directly translates into financial savings for them. They generally behave differently when they are contacted by an attorney with expertise in the area.

J.
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Old 12-31-15, 08:31 PM
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lyrictenor1
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Thanks, all. I have purposely been vague about the incident in my post.
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Old 12-31-15, 10:01 PM
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Dan333SP
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Originally Posted by JohnJ80 View Post
^^this



^^and this.

An insurance company will often deny a claim and make you fight them for it because some percentage of people in your situation simply don't respond. That directly translates into financial savings for them. They generally behave differently when they are contacted by an attorney with expertise in the area.

J.
This. Unfortunately I work in a related field that involves claims processing, and we have to take recorded statements regularly. If claimants are non-compliant, we can deny them outright and pay no benefits (not saying it's the "right" outcome, it's just within the carrier's legal rights depending on the circumstances).

However, when they hire an attorney things tend to happen much more quickly and a denied claim may be overturned by the state commission that regulates my particular field, even without the injured party ever actually speaking to an adjuster. Definitely worth looking for legal counsel if you have anything more than extremely minor injuries/property damage.
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Old 01-02-16, 08:23 AM
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There's a reason people hate insurance companies. Get a lawyer.
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Old 01-02-16, 12:47 PM
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My advice: get a lawyer and cooperate fully and openly with him.

Follow his advice in any and all dealings with insurance companies.
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Old 01-02-16, 06:50 PM
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You left out some key information: 1) were you injured? and 2) year and model of your bike.

Why is this key? Because unless you were injured, what's at stake in the claim is actual cash value of your bike, and it may be hard for you to get a lawyer to represent you, unless you agree to pay on a per hour basis.

Bikes depreciate over time. Once a bike is more than a few years old, it's not worth what you might think it is worth, and what the insurance company is likely to offer is going to be less than full replacement cost.

However, if you even suspect that an injury may crop up, something that was missed by the initial exam, then you need a lawyer.
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Old 01-02-16, 07:05 PM
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I got hit by a car a couple years ago. Police gave the lady a ticket. I was only scrapped up a bit & there was slight damage to the bike. I saw no need to get an attorney as all I wanted was full replacement of damaged bike parts & clothing.

I did the recorded message thing & the insurance company treated me more than fairly. I think they really want to settle these small claims quickly just to get rid of any potential future liability. I think they paid me a little over $3k. Wheels, S-works shoes, bibs, jersey & then they insisted I take some money for pain/hassle - that was likely consideration for me waiving any right to future claims.

Now if it was a serious accident, obviously don't do what I did.
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Old 01-02-16, 07:13 PM
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As others said: don't talk about it here or anywhere and get a lawyer and let the lawyer deal with insurance company
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Old 01-02-16, 07:15 PM
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Originally Posted by RShantz View Post
I got hit by a car a couple years ago. Police gave the lady a ticket. I was only scrapped up a bit & there was slight damage to the bike. I saw no need to get an attorney as all I wanted was full replacement of damaged bike parts & clothing.

I did the recorded message thing & the insurance company treated me more than fairly. I think they really want to settle these small claims quickly just to get rid of any potential future liability. I think they paid me a little over $3k. Wheels, S-works shoes, bibs, jersey & then they insisted I take some money for pain/hassle - that was likely consideration for me waiving any right to future claims.

Now if it was a serious accident, obviously don't do what I did.
Yes, insurance got off easy. My friend got probably $30k from insurance for bike, medical bills, lawyer fees and about a year of chiropractic treatment.
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Old 01-02-16, 08:08 PM
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If there is no big money loss don't bother with a lawyer, now if you have sustained serious injuries such as broken bones and depending which one, (or worse) then a lawyer is good to have--insurance companies have tables and formulas based on injuries--nothing broken, no loss of income and no medical bills etc. forget the lawyer they will get at the very least a third of the proceeds no matter what the amount (if they take your case!)

Insurance companies will settle relatively quickly for the loss of property such as your bike, clothing etc. but medical, pain and suffering reimbursements will take much longer!

Good luck
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Old 01-03-16, 09:30 AM
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Originally Posted by VNA View Post
Insurance companies will settle relatively quickly for the loss of property such as your bike, clothing etc. but medical, pain and suffering reimbursements will take much longer!

Good luck

This is so true. When I was t-boned by a guy in a Civic (he got a ticket) while on my Ducati the motorcycle was totaled and the insurance company paid for the bike and my gear within a week or two. Dealing with the injury to my neck took many, many months and lawyers. When my lawyer and I went before a judge the insurance company sent a rep and a lawyer who tried to argue that a Ducati was a "race bike." How this was relevant in an accident at 25 mph and for which their client was 100% at fault according to the police report I don't know. When I was questioned I explained that "race bikes" are not street legal, that I had been riding for over 30 yrs. without accident, and that I was a Motorcycle Safety Instructor for the State of CT. The judge looked at their lawyer and said, "Counselor, are you sure you want to put this man on the stand?" Within 15 min. the case was settled.
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Old 01-03-16, 11:51 AM
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Just my story. Hit from behind, transported and treated, sent documents of bike worth and medical bills to their insurance, immediate payment for bike, then payment for medical, payment for lost work time and final settlement for pain and suffering. You seem to have the fault documented pretty well.
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Old 01-03-16, 03:15 PM
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Originally Posted by rms13 View Post
Yes, insurance got off easy. My friend got probably $30k from insurance for bike, medical bills, lawyer fees and about a year of chiropractic treatment.
I'd say it was fair versus them getting off easy. I wasn't out to make any profit - it was an accident. I just wanted to be made whole.

If, I had been seriously injured & had thousands of dollars of doctors bills obviously I'd have wanted more.
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