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Old 06-22-2013, 09:30 PM   #1
Johnny Locks OP
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Didn't really want a story to post here....

Last night there were some violent thunderstorms that came through my neighborhood knocking down a lot of power lines. Today, power was out at about 90% of the traffic lights, which then default to being 4 way stops. I live in Minneapolis, it's moderately densely populated, about as dense as you can get in Minnesota. It was a little chaotic out, with all the traffic lights out, and lot of people walking, biking, rollerblading and driving around to check out the storm damage, but people were pretty used to treating the intersections with dead lights as 4 way stops because about 90% had dead lights. But, that being said, I did witness a couple of people blow through intersections. I probably should not have been out on my motorcycle at all in this.
I had just gone about 20 blocks down to the moto shop to pick up some oil. I was 8 blocks from home. Came to an intersection with a dead light, stopped, looked right, looked left, my turn to go, got into the middle of the intersection and then: "OH SHIT, I'M ABOUT TO GET CREAMED."

The lady that hit me did not think about the intersection at all. Since she didn't see a red light, stopping never occurred to her. She got on the brakes enough to not kill me, but I did fracture my lower leg in 3 places. First thing she said when she got out was how sorry she was, she admitted fault to me, to all the witnesses and to the police.

I only have liability insurance on my motorcycle. And no health insurance. The lady that hit me may or may not have insurance. The cop who took the police report said to me as I was just about the leave in the ambulance "she didn't have proof of insurance and she got a ticket for that, whether she has insurance or not we don't know." He kind of said it like her getting a ticket was supposed to make me feel better. It didn't.

This all just happened this afternoon, and I don't really know what I should do now. Contact my insurance company? I don't really know what liability covers, but I kind of thought it didn't cover my medical, but the paramedics said it does, but they are paramedics, not insurance people.

In my mind, everything should be on the lady that his me, medical bills, bike repair, etc... She was at fault and admitted fault, but I really don't know how this works in the real world, not in my mind.

What would you do at this point?
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Old 06-22-2013, 09:45 PM   #2
Bluesmudge
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Lawyer.
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Old 06-22-2013, 11:41 PM   #3
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Lawyer.
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Old 06-23-2013, 01:10 AM   #4
qkenf4u
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if she doesnt have insurance then im hoping you have unisured/under-insured on your policy...
they got the 15k liability from the kid that turned left in front of me then got another 45k from my under-insured.... ya it sucked that they had to dip into my insurance company but thats why we pay them every month...
good luck and yes i would get a motorcycle specific lawyer (law tigers ?)
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Old 06-23-2013, 02:08 AM   #5
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Quote:
Originally Posted by qkenf4u View Post
if she doesnt have insurance then im hoping you have unisured/under-insured on your policy...
they got the 15k liability from the kid that turned left in front of me then got another 45k from my under-insured.... ya it sucked that they had to dip into my insurance company but thats why we pay them every month...
good luck and yes i would get a motorcycle specific lawyer (law tigers ?)
It finally occurred to me that I know someone who practices law in this field. Just sent an email for advice. Contacting a lawyer did occur to me, but I usually just default to doing things myself. But so far it's unanimous, and I also really don't know how to navigate this, so I'm glad I remembered that I knew this guy.
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Old 06-23-2013, 02:25 AM   #6
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Sorry to read about the accident. And all of us would agree that no one wants to have a story to post here.

Along with the others I think you may have to contact a lawyer, but before you do that I would encourage first contacting your own insurance agent. If your uninsured motorist clause is invoked you may find the insurance company will do the work for you.

As someone else said, it's why you pay them every month.

All the best for a speedy recovery.
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Old 06-23-2013, 06:34 AM   #7
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I'm usually one to do stuff myself, but given your situation, sounds like a lawyer might be needed. If you just have liability, I probably wouldn't bother calling them. If you have uninsured motorist, call them. Wait for the police report and get her info from it including any insurance she does have. If no insurance, go get a lawyer. If she does, just file a claim on hers and you will probably be fine.
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Old 06-23-2013, 08:24 AM   #8
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When I just researched it online, Minnesota requires uninsured/underinsured coverage at minimum. This is the same as Texas. So, you should have it if you have liability. Check with your insurance company first like basketcase suggested. They've been payed for it, so let them go after the at fault driver. Good luck!!!
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Old 06-23-2013, 09:03 AM   #9
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All in all, it could be a lot worse. I am so happy you are okay and wishing you a speedy recovery.
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Old 06-23-2013, 11:09 AM   #10
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Thanks, and yep could be much worse

Quote:
Originally Posted by doc4216 View Post
All in all, it could be a lot worse. I am so happy you are okay and wishing you a speedy recovery.
Thanks for the well wishes. It easily could have been much worse, and almost was. All in all, I'm probably lucky.
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Old 06-23-2013, 12:06 PM   #11
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Probably lucky? No, definitely lucky. Your brain is working just fine. Talking to a lawyer is a fine idea, and you can decide then whether you want to actually hire the guy. Your uninsured motorist coverage "might" pay your bills, maybe, but it sure won't be enough to pay for your long recovery, your loss of time from work, your screwed up leg that might get better and might not, and the misery and pain and the help you are going to need while you are gimping around.

This can be a little deal or a big deal. You don't know. It will take a while to find out how it's going to go. You didn't fix your own broken leg, and you probably need help with your legal claims, too.
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Old 06-23-2013, 12:27 PM   #12
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Hey Johnny, I have no legal advice for you, but just wanted to wish you a good recovery. I'm a member of the heavy metal club myself (broken ankle, tibia and fibula). Here's some useful reading to look at while you are sitting around the house, with your leg propped up in the splint, cast, or boot:

http://www.advrider.com/forums/showthread.php?t=742690

http://www.mybrokenleg.com/

Your leg will get better, but make sure you give yourself time to heal.
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Old 06-23-2013, 12:54 PM   #13
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well if nothing else this thread could serve as a case study for the rest of us so keep is informed and well wishes on your recovery.....cagers suck. (coming from a rider and former big rig driver).
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Old 06-23-2013, 03:10 PM   #14
Johnny Locks OP
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Quote:
Originally Posted by Wentwest View Post
Probably lucky? No, definitely lucky. Your brain is working just fine. Talking to a lawyer is a fine idea, and you can decide then whether you want to actually hire the guy. Your uninsured motorist coverage "might" pay your bills, maybe, but it sure won't be enough to pay for your long recovery, your loss of time from work, your screwed up leg that might get better and might not, and the misery and pain and the help you are going to need while you are gimping around.

This can be a little deal or a big deal. You don't know. It will take a while to find out how it's going to go. You didn't fix your own broken leg, and you probably need help with your legal claims, too.
I know the guy, he's a really great person, and also happens to be one of the best at what he does. I spoke with him this morning, said he'd be happy to represent me. I want to give myself the best chances of getting all my expenses covered.
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Old 06-23-2013, 03:17 PM   #15
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Call your insurance company. Ask them to help find out whether or not she has insurance. Your insurance company will because a bit if research is cheaper than paying.

I'd reserve getting an attorney as a last resort. They get 40 percent and the process can take years.
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