Accident on June 23 | Page 3 | GTAMotorcycle.com

Accident on June 23

PrivatePilot said:
If if you'd like to read my earlier response you'd notice that in this case I suggested lawyering up, despite not being a particularly litigious person myself...but my comment was directed at the suggestion to sue the police? Not sure what that could possibly accomplish short of costing the OP an assload of money for what...an apology?

If if he does indeed get a ticket take it to court and shown the video I think any judge in his right mind will throw it out. Beyond that, courts don't pay much for hurt feelings.
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If insurance deems this at not-at-fault, then there is no reason for a lawyer imo. Just go through insurance and get healed, and the bike replaced or repaired. As for the ticket, I'd fight it, as I'd have to figure a judge would likely drop it with proof that insurance deemed it not-at-fault, as the officer wasn't even around when the accident occurred (if he was an actual witness, then different story).
 
Stop waiting, go talk to a lawyer, hell phone Diamond and Diamond if you have to.
There are time limits where you have to file a claim in Ontario.

I wouldn't engage the cops, let your lawyer bring it all to court then sue the police for something your lawyer will know what to do...lol
That is clearly cars fault and they should be hit with the book and then some.

You can see you did not have a chance.
Did you even brake?

That was crazy, you are lucky to be alive.

***I suggest people wear other colors besides black or at least get HID lights or add some other lights to your bike (LED projector bulbs).
You can see that she did not see you. It was bright sun and shady areas therefore you blend in. Remember they are looking for a car not a small bike.
 
Having been in an accident recently and having spoken to a few lawyers (Not Diamond & Diamon though lol) I know that in Ontario you cannot sue unless you have some kind of extremely serious or permanent loss or reduction of a basic everyday function.

For example. Girl cuts me off and sideswipes me. I go to the hospital. Bike written off. Injured Ankle, concussion, and shoulder injury. Other driver charged and at fault. Lawyers say I can't sue.

3 months later I'm in physio and getting better but ankle still hurts and I can't run or jog still without pain.
Still can't sue.

Lawyers also say you don't have a very short time to file the lawsuit. Over a year atleast (I forgot how long)
 
Pretty sure two years is the limit.
All of the ambulance chasers advise you to get legal advice immediately. They'll record every possible detail you can remember, and collect everything you can provide. Then they'll sit on it for 729 days before filing a statement of claim.
At that point the defendant says "wtf? I don't remember that."
 
best to hedge your bets, there is no sure way to tell from the outset, or even some time afterwards, how an accident may impact your future,

start crossing your Ts and dotting your Is from the get go,

a concussion alone can turn or become who knows what
 
Lukeeelu: First off sorry about the collision, (I don't use the term "accident" because it wasn't an accident, another driver did something wrong which culminated with your colliding with their vehicle, (I haven't seen the video but am going from others replies).

As a former cop, I can tell you, I had told more than a few drivers they were at fault, but when it comes down to it the ONLY ones who determine "fault" is the insurer. The police may determine if an offence was committed, but OT who is at "fault". I have seen instances where a charge is laid and the driver was still deemed 100% not at fault by insurance. Remember, even IF the officer laid a charge your still NOT guilty until trial or a plea is entered.

As for a lawyer, YES get a Personal Injury lawyer, you may think your injuries are minor, and they may be for now. One of my current injuries from my collision in 204 only began to show symptoms approx 8 months ago, (so over a year later). You can read some my threads, on how insurers will try to screw you over. and place you in the MIG, (Minor Injury Guidelines), meaning you will get VERY limited, (Max $3500) worth of treatments and they will also try to limit you to no more than 12 weeks of treatment, (some of your injuries may not even become evident by then). I have a great firm working on my behalf on both of my collisions. Without a lawyer I would have been screwed...

So get a PI lawyer, they will also have providers etc that they can recommend as well as they will get you to see the right specialists. If your under 30 you could have minimum 50 more years to live, you don't want to be disabled at 50 and not have any recourse!!!
 
slowbird said:
Having been in an accident recently and having spoken to a few lawyers (Not Diamond & Diamon though lol) I know that in Ontario you cannot sue unless you have some kind of extremely serious or permanent loss or reduction of a basic everyday function.

For example. Girl cuts me off and sideswipes me. I go to the hospital. Bike written off. Injured Ankle, concussion, and shoulder injury. Other driver charged and at fault. Lawyers say I can't sue.

3 months later I'm in physio and getting better but ankle still hurts and I can't run or jog still without pain.
Still can't sue.

Lawyers also say you don't have a very short time to file the lawsuit. Over a year atleast (I forgot how long)
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Then you need to talk to another firm, they are 100% wrong. PM me I can put you onto the firm I am using. The statement of claim is filed 2 years post collision which is the statutory limit in Ontario. A concussion "can" be considered a serious injury.
 
-D- said:
Stop waiting, go talk to a lawyer, hell phone Diamond and Diamond if you have to.
There are time limits where you have to file a claim in Ontario.

I wouldn't engage the cops, let your lawyer bring it all to court then sue the police for something your lawyer will know what to do...lol
That is clearly cars fault and they should be hit with the book and then some.

You can see you did not have a chance.
Did you even brake?

That was crazy, you are lucky to be alive.

***I suggest people wear other colors besides black or at least get HID lights or add some other lights to your bike (LED projector bulbs).
You can see that she did not see you. It was bright sun and shady areas therefore you blend in. Remember they are looking for a car not a small bike.
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Sorry to be the bearer of bad news. You can NOT sue the police if it is shown that they "acted in good faith." Weather an offence was committed or not is considered a "judgement call" and the police and crown are immune in Ontario from being sued for such. If he were to sue he would then be faced with paying the legal fees of the officer and the force.
 
hedo2002 said:
Then you need to talk to another firm, they are 100% wrong. PM me I can put you onto the firm I am using.
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Really? After talking to 2 law firms I should contact a third? It's funny cause I keep getting refered to firms by people who say I need to talk to another firm and then that firm tells me I'm not injured enough.

It's like a never ending loop.

Well I got nothing to lose. PM sent.

hedo2002 said:
The statement of claim is filed 2 years post collision which is the statutory limit in Ontario. A concussion "can" be considered a serious injury.
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Maybe I wasn't clear. What I meant was that the lawyers I spoke to told me that you have plenty of time to submit a claim rather than the very short amount of time that seems to be the common misconception.
 
in the early stages, you can also easily end up signing papers that prevent further pursuits, or just go down a road where whatever you do can & will be used against you,

don't be handing rope to the other side, who have tons of money to play with making your life as miserable as they feel like,

you can be 100% in the right, but you better then be prepared to play the game where they are experts, cos you are david & they are a goliath who will walk all over the uninformed
 
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hedo2002 said:
So get a PI lawyer, they will also have providers etc that they can recommend as well as they will get you to see the right specialists. If your under 30 you could have minimum 50 more years to live, you don't want to be disabled at 50 and not have any recourse!!!
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yes indeed when it comes to specialists, their conclusions based largely on who pays them and then evidence in court, a specialist doc for the ins COs will eat you alive and paint you in the worse possible way they can dream up,

if it comes to that, you will have a one on one with 'em, even if you have representation, good luck on your own,

what about the possible psychological consequences from an accident?
 
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slowbird said:
Really? After talking to 2 law firms I should contact a third? It's funny cause I keep getting refered to firms by people who say I need to talk to another firm and then that firm tells me I'm not injured enough.

It's like a never ending loop.

Well I got nothing to lose. PM sent.
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can't take the heat then get outa the kitchen, so far, you are only chattin' up, a few possible good guys,

i went with a highly recommended lawya & ended up firing him very near the end game, found another..
 
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