Got in a wreck 2 years ago

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Originally posted by driver1@Oct 31 2003, 08:15 AM
theyre not trying to get anything from you they are suing your insurance company, theyre rtying to get a settlement out of your insurance. I dont beleive you have alot to worry about besides your rates will probably go up quite a bit
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its not fully true that his insurance company will cover it

ok heres the dillio and it seems most people in this world don't understand it
theres reason they have different levels of insruance

for say my bike I do not have a high level of insurance becuase chances are I wont do much damage other then kill myself

Bodily Injury and Property Damage Liability 25K each person 50K each accident
Property Damage Liability 15K each accident
uninsured/underinsured motorist 25K each person 50K each accident

the list goes on.... depending on how much you pay for insurance and also how old/your background the bodily injury might range from 25K a person or in my dads case its a couple million dollars a person "been with the company a VERY long time

now lets say you have your own insurance policy under your name chances are if you are under 25 years old you will not have very high coverage Im guessing in the range I just listed

so what happens is that guy sues the insurance company for lets say 2 million dollars the judge sides with him but only for 250K dollars since the 2million is way more then his so called pain and suffering is worth

ok so the insurance company gets sued 250K well..... if your car policy is like my bike and only covers 25K then the insurance company will ONLY PAY OUT 25K!!!!!
you are stuck with a 225K bill

that is why they offer many different levels of insurance 25K per bodily injury might cost you 100 bucks a month now if you want 250K worth of coverage it might cost you 300 bucks a month at your age but then if you were sued for 250K the insurance company would pick up the WHOLE bill

if you are under your parents policy then you should not have anything to worry about becuase it should be a high coverage 250K+ per person or in my parents case a couple million

if you have your own policy and know its pretty cheap then.... well I hope you don't get sued becuase after that 25K or 50K per bodily injury.... well its coming out of your pocket

good luck and Fuck him
 
Here's the dillio. I have full coverage insurance, as of right now under my OWN name. When this accident happened I was under my parents name, with a 100k bodily injury per person and 300k per accident limit. When I switched to my own insurance, I kept the same limits premiums.

If he is sueing for 100k then State farm should have settled it out but I think they're being bitches and won't give him his whiney baby money. So Now I have to go sit in court and try to come to an agreement on this shit. I don't know what's going on, as I have to wait till MOnday to talk with my lawyer and his paralegal about this bullshit.
 
having full coverage wont matter at all becuase that has nothing to do with his car or his body

if you have 100K limits then great thats good for your age

and Im sure thats why they want you to sit in court because it will help them out on getting off the hook

but Im trying to make people understand if you have insurance it does not mean you cannot get sued they will only pay out up to the limit you tell them you want

and I beleave in most peoples cases that limit is not very high at all most being under 100K

only reason mines at 25K is if I hit someone hard enough to do more then 25K of damage then chances are I will be dead and wont have to pay for it =)

"note" thats for my bike only and not my car

P.S no way in hell is he sueing for 100K my guess would be 2-3-5 maybe even 10 Million thats just how people think now adays becuase so many dumbasses have been able to win it

chances are they would give him like 10-30K maybe more if he can prove its messed his life up more then missing a month of work
 
I doubt he's missed more than amonth of work. Besides that how can I be sure that he was hurt from MY accident in which I barely snapped the tie rod off his truck. Doesn't sound like much of an impact to me. and I'm fairly sure his airbags didn't deploy. He said he was in an accident 3 months prior to this one. and then waited to the last possible DAY to file the lawsuit. I don't know though. I'm fucking scared and stressed out already.
 
don't worry man its pointless to worry about

once you go to court and they say pay out 10 million then worry lol

but thats not gonna happen you are just going to go to court and tell them what happened and thats that chances are you will NEVER hear anything about it again

I remember my crash the guy later said he had neck problems and such and wanted money for it my insurance company called me and asked for my side of the story so they could use it in their case I told them and they said thank you and to this day I have no idea if he sued them or what
 
Being 21, having my few payments, including this new car payment...I have no more money.

I'm going to worry until the day I'm sittin there and i realize that nothing is going to be coming out of my pocket. Until then. I'm going to freak out and everyone is going to treat my like a piece of shit like they always do. I hate work. Fucking old fucker disrespects me all fucking day and I'm supposed to sit there and take it? I hate him.
 
This is what I do for a living. So listen...

1) you're at-fault as you admit so expect a rate increase if State Farm hasn't paid anything at all. If they have (say for his car) and its over the monetary threshhold ($800) then you're already paying the higher premium

2) What were your Bodily Injury limits at the time of the loss? Hope for your own sake they were higher than say 50/100. If not, hope State Farm settles this before trial

3) I don't know what state you're in so I can't tell you what the statute of limitations is. In most states it is 2 yrs from the date of the loss for bodily injury. Some are as many as 6.

4) You have a contractual duty to be a witness for your insurance company. Missing time from work is your fault for making that left turn two years ago...accept it...deal with it

5) the guy you hit has been trying to settle for 2 years... TRUST ME... at this point he wants more than State Farm thinks his particular injury deserves. That isn't uncommon. Ask your claims rep what his asking for and what their last offer was. If they are miles apart then this could go to trial. If they're close (<$10,000 diference) then it'll likely settle before February

6) If you're in OH, then arbitration is mandatory prior to trial and that would likely get it settled

7) back to #2...if this goes to trail a jury hears the case, not just a judge and if the jury is simpathetic with the claimant he could get a verdict in excess of your minimal limits (25/50)...after your company pays their portion, you are responsible for the rest.

8) If you get an excess verdict (see #7) and you can prove that State Farm didn't do enough to settle the case prior to trial..pay attention during the trial to know... then YOU can sue State Farm for BAD FAITH. Your atty will get at least 50% of the trial verdict against State Farm leaving you enough (hopefully) to pay the excess verdict

9) The claimant gets his $ IMMEDIATELY unless State Farm appeals (that Bad Faith thing again). Suits are VERY expensive and an appeal is unlikely but not improbable.

10) It is possible to get a "defense verdict" when that happens the jury sees the claimant for the money-grubbing scumbag he may be and awards nothing. This is EXTREMELY uncommon.

11) What will happen next.
a) State Farm has to file an answer to the complaint
B) Interrogies - each side shares info about their case (not full discovery just he-said, she-said stuff)
c) Deposition - you answer questions the other side asks and everything you say can and will be used against you in court (unlike the recorded statement you gave State Farm)
d) Discovery/Trial

12) I'll bet you $10 before 12/25/03 this is settled
 
Originally posted by ahedau@Nov 3 2003, 01:24 AM
This is what I do for a living. So listen...

1) you're at-fault as you admit so expect a rate increase if State Farm hasn't paid anything at all. If they have (say for his car) and its over the monetary threshhold ($800) then you're already paying the higher premium

2) What were your Bodily Injury limits at the time of the loss? Hope for your own sake they were higher than say 50/100. If not, hope State Farm settles this before trial

3) I don't know what state you're in so I can't tell you what the statute of limitations is. In most states it is 2 yrs from the date of the loss for bodily injury. Some are as many as 6.

4) You have a contractual duty to be a witness for your insurance company. Missing time from work is your fault for making that left turn two years ago...accept it...deal with it

5) the guy you hit has been trying to settle for 2 years... TRUST ME... at this point he wants more than State Farm thinks his particular injury deserves. That isn't uncommon. Ask your claims rep what his asking for and what their last offer was. If they are miles apart then this could go to trial. If they're close (<$10,000 diference) then it'll likely settle before February

6) If you're in OH, then arbitration is mandatory prior to trial and that would likely get it settled

7) back to #2...if this goes to trail a jury hears the case, not just a judge and if the jury is simpathetic with the claimant he could get a verdict in excess of your minimal limits (25/50)...after your company pays their portion, you are responsible for the rest.

8) If you get an excess verdict (see #7) and you can prove that State Farm didn't do enough to settle the case prior to trial..pay attention during the trial to know... then YOU can sue State Farm for BAD FAITH. Your atty will get at least 50% of the trial verdict against State Farm leaving you enough (hopefully) to pay the excess verdict

9) The claimant gets his $ IMMEDIATELY unless State Farm appeals (that Bad Faith thing again). Suits are VERY expensive and an appeal is unlikely but not improbable.

10) It is possible to get a "defense verdict" when that happens the jury sees the claimant for the money-grubbing scumbag he may be and awards nothing. This is EXTREMELY uncommon.

11) What will happen next.
a) State Farm has to file an answer to the complaint
B) Interrogies - each side shares info about their case (not full discovery just he-said, she-said stuff)
c) Deposition - you answer questions the other side asks and everything you say can and will be used against you in court (unlike the recorded statement you gave State Farm)
d) Discovery/Trial

12) I'll bet you $10 before 12/25/03 this is settled
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1. I think my rate went up 10 bucks when I got my Escort...but I figured it was because it was a more powerful car. so I don't know.

2. my Bodily Injury limits were 100/300 at the time, and still are now.

3. Indiana

4. It's not my fault he was doing 15 over through the intersection, i got a ticket speeding through that intersection, why didn't he?

5. I didn't hear about this until 10-14-03. I don't think he's been tryin to settle for 2 years, or he wouldn't have waited until the 14th to FILE the complaint to the court.

6. I'm in Indiana

7. If they pay him more than 100k then he's a money grubber.

8. State farm has been good to me. Bad faith would fuck them over.

9. They probably will appeal it if he gets it. as long as I'm not out any cash, I don't give a fuck what they do.

10. He is. his house is rather nice. and the 2 cars he has. yeah he has no money left.

11. great...

12. I won't take the bet but I hope you're right.
 
california has a one year statute of limitations on personal injury suits...

now b can't say california sucks =)

i'm really sorry to hear all that man.. but it looks like that a-hole is just looking for some quick cash.
 
1. Good...that worked out

2. excellent. unlikely you'll get an excess verdict

3. 2 yr statute

4. Do you always make a left in front of speeding traffic? He had the right of way & speed can't be proven. If you got a speeding ticket you should have fought it. You're citation should have been for failure to yield the right of way or illegal turn

5. He has...I swear...the only other answer is he wouldn't respond to State Farm's attempts to settle this a long time ago. In an effort to get a settlement, he was forced to file suit to protect the statute.

6. see #3

7. I doubt it. That's serious injury money. Missing limbs.. Dain Bramage.. serious scarring.. burns..

8. They usually are... it would.

9. Doubful. Just ask what they're offering & what his demand is. If his demand isn't unreasonable & this goes to trial---that's Bad Faith

10. it's not about his house or his cars... its about his injury. It is a "real" injury or soft tissue only?

11. greatx2...

12. I am.
 
3. with the 2 year personal injury statute, do you think my lawyer could get the judge to lean my way because he waited until the day before the 2 yr anniversary of that accident to file the complaint with the court?

4. No I don't normally make left hand turns there.

There is a delayed signal with an arrowed left for the oncoming traffic. When MY light turned green there was still a car in the left turn opposite of me, and I couldn't see his dark purple S10 with his daytime running lamps on ONLY, so when I went to make a turn there instead of the street closer to my house where I normally turn at, I looked up as I was shiftin into second (at 10 mph in my Geo) and he came FLYIN through and nailed me. He then got out of his truck and walked around until the tow truck came.

He told me and my sister in law that he had been hit 3 MONTHS earlier in another accident in which I had nothing to do with. I think some of his BS injuries SHOULD have a little something to do with this bullshit.

All this happened at 7:30 when it was dark out. I made the mistake, but anyone can make that mistake.

oh yeah, fighting a speeding ticket in this city is like trying to get away with murder. This town lowers it's speed limits and then sits it's patrol cars on the roads and collects for 15 over when it should be 5 over. I woulda never gotten out of my 23 OR 15 over tickets from this city... and my dad is an ex-city counselman here. I hate this fucking city. :unsure:
 
good stuff man

so when is it going to be on Court TV so I can watch=)

btw a fellow biker from one of my bike boards has *cough* had state farm

He was a memeber for 20+ years he had his house and I believe 3 cars and 2 bikes. he called them to find out why his rates went up on his bike "went up like 50-100 bucks" state farm had no reason as to why. He has a fully clean rec so he told them either put it back to the way it was before or Im going elsewhere

they told him Im sorry you feel that way

did I tell you he went else where?

Jeff
 
3. No. All he was doing was protecting the statute. from his point of view he gave State Farm until the last day possible to come to an amicable resolution but they wouldn't. From his point of view, they judge should so him some consideration. However, this is a jury trial, not a bench trial and either way...it doesn't matter

4. There is a thing called contributary negligence. His speed & lack of lights contributed to the loss. That may be what State Farm is doing. Let's say his claim has a value of $10,000. State Farm is telling him he was driving too fast for conditions or overdriving his headlights, therefore, he is 40% responsible for the loss. I think you mentioned your point of impact was right rear...that would lend credence to their argument. What was the posted speed limit? the fact you spun so much would also support State Farm's version that he was going too fast & shares in the responsibility. But because you made the left, you have the greater duty so they can't deny his claim and you will be more than 51% responsible.

anyway.. he's, say, 40% at fault. They will reduce his claim by 40%. So, instead of $10,000, they will only offer $6000

Since claimants REFUSE to accept any responsibility it is likely he hasn't taken the $6000 in the two years he has had to do so and is now FORCED to file suit or get $0.

Make sense?
 
Originally posted by ahedau@Nov 3 2003, 02:31 AM
3. No. All he was doing was protecting the statute. from his point of view he gave State Farm until the last day possible to come to an amicable resolution but they wouldn't. From his point of view, they judge should so him some consideration. However, this is a jury trial, not a bench trial and either way...it doesn't matter

4. There is a thing called contributary negligence. His speed & lack of lights contributed to the loss. That may be what State Farm is doing. Let's say his claim has a value of $10,000. State Farm is telling him he was driving too fast for conditions or overdriving his headlights, therefore, he is 40% responsible for the loss. I think you mentioned your point of impact was right rear...that would lend credence to their argument. What was the posted speed limit? the fact you spun so much would also support State Farm's version that he was going too fast & shares in the responsibility. But because you made the left, you have the greater duty so they can't deny his claim and you will be more than 51% responsible.

anyway.. he's, say, 40% at fault. They will reduce his claim by 40%. So, instead of $10,000, they will only offer $6000

Since claimants REFUSE to accept any responsibility it is likely he hasn't taken the $6000 in the two years he has had to do so and is now FORCED to file suit or get $0.

Make sense?
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Sorta.

My point of impact was actually Front Left headlight/quarter panel, I had steered BACK into the intersection to try to avoid it as there was an extra 4 or 5 feet of extra street on the right in case he swerved, but he apparently didn't see me either, headlights on and all. The posted speed limit is 35 mph. He nailed me and I was lookin at the car that was behind me, once I found my glasses after they had flown off my face and onto the floor from the impact.

Neither cars were drivable, mine was totalled. :( :( That's how I know he wasn't doing the speed limit. Nobody ever does on that street.
 
left fender??!! Did he swerve? leave skid marks? do anything prior to the impact? If not, then State Farm is right to put some negligence on him and that may be the root of this whole thing.

So you steered right in a failed attempt to avoid the contact? that means you were on the wrong side of the road facing on-coming traffic at impact? Now I'm confused :unsure:
 
Originally posted by ahedau@Nov 3 2003, 02:47 AM
left fender??!! Did he swerve? leave skid marks? do anything prior to the impact? If not, then State Farm is right to put some negligence on him and that may be the root of this whole thing.

So you steered right in a failed attempt to avoid the contact? that means you were on the wrong side of the road facing on-coming traffic at impact? Now I'm confused :unsure:
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no in an attempt to cross over traffic to make a left I came about 2 feet into his lane, BARELY, and then swerved back over as if I was tryin go to straight, the way his lane is set up is the straight is to the far right, and you have to come back over to the left that two feet to keep from hitting the curb later on down the road, which is what he did. NO skid marks, no swerving to the right which he had room to do, and he did nothing prior to the impact. he just flew through the intersection and nailed me.

I can show pics of the intersection from both angles after work if you want. :p
 
I got the picture... I'll bet you another $10 that is the problem. State Farm is attempting to settle on a % of liability and he was pro se until the statute nearly ran out & was forced to file suit. If he now has an atty that is actually good news. the atty understands comparative negligence & this should settle soon enough. If he is still pro se (no lawyer) then who knows?

Call your adjuster & ask...I'm really interested to know if you owe me $10 :D
 
I still need to call my lawyer to figure out what is going on. I had no time to call today. Stupid Sprint and Bluffton for not having a signal all day. :angry:
 
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