? Diamond and Dia-mond ?
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Dropped a bike, grass on the road, need advise
- Thread starter Elena P.
- Start date
Exactly my thoughts. When I first read it I was like "pfft, you wipe out on a couple blades of grass? Noob!" but that pic, holy f that is an absolutely insane amount of grass. I couldn't even imagine what that felt like riding through wet... wow.
I can just picture you in court... explaining the situation, judge and jury being like "yeah yeah, how fast were you going? New to riding? You messed up?!" then you pull that picture up on the projector and all you hear is a big gasp from the judge, jury and spectators. Kinda like when they hung my bullet proof vest I used for target practice up on one of those xray/lightbox machines and flicked the switch and all the light shone through like it was swiss cheese, that kinda gasp from everyone in the courtroom
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I would see how horrible you feel in the morning. If you're not 100% perfectly fine the first people I would call is Diamond and Diamond, even if just for advice on what to do next. Good luck, and thanks for the pics, insane.Thanks everybody, but I'd appreciate an advice - what to do?
Should I call my insurance and let them take care of the bike repair, or
should I claim with the city? and do not call insurance? Or both?
Looks like you already reported the accident and took pictures as evidence. Not sure how bad the fall was or if you had any injuries. If so I would probably either go to your doctor or hospital and get everything checked out and documented.
With regards to legal advice. I am not sure what the best options are. If you have already contacted your insurance, maybe you can ask them what is the best way to procede.
With regards to legal advice. I am not sure what the best options are. If you have already contacted your insurance, maybe you can ask them what is the best way to procede.
Do not contact insurance until you are positive you are submitting a claim.
I think it's in your best interest to contact your insurance company and ask them how you should proceed. Let them sue the City of Toronto rather than you go about this on your own.
If you're going to make a claim against the City of Toronto it's advised that you file it within 10 days.
http://globalnews.ca/news/1853468/t...-property-damage-against-the-city-of-toronto/
2011 Ombudsmen Report: http://ombudstoronto.ca/sites/default/files/Final Report.final October 17.pdf
I actually highly recommend that you read the entire ombudsmen report in full; it's absolutely damning. Anyone here thinking they can take of the City of Toronto for a free ride is going to get the taste slapped out of their mouth after they read it.
If you're going to make a claim against the City of Toronto it's advised that you file it within 10 days.
http://globalnews.ca/news/1853468/t...-property-damage-against-the-city-of-toronto/
2011 Ombudsmen Report: http://ombudstoronto.ca/sites/default/files/Final Report.final October 17.pdf
Denial Rates
9.0 Delay by the City in Responding to Requests
10.0 Process where Contractors are Involved
11.3 An Expert's View
150. We reviewed data obtained from McLarens’ database of 12,449 desktop claims between 2005 and July 2010. We found 11,595 (93%) denials.
153. Denial rates for tree property damage claims were 89% (1842 of 2064).They increased about 14% in 2007 and have remained over 93% in recent years.
154. Most high volume, low value claims are denied. This is hardly surprising given the procedural fairness issues uncovered by this investigation.
155. We found automatic denials without an investigation; denials based on no evidence; poor communication with claimants; and files closed without contacting the claimant.
156. The issue here is not whether claims should be paid out but rather that claims should be processed in keeping with procedural fairness requirements.
157. The adjuster’s fee of $195.00 per desktop claim is a reality which must affect the handling of claims. This amount does not encourage substantial effort. The return on investment suggests that the adjusters are not paid to vigorously pursue reports about low dollar claims.”
153. Denial rates for tree property damage claims were 89% (1842 of 2064).They increased about 14% in 2007 and have remained over 93% in recent years.
154. Most high volume, low value claims are denied. This is hardly surprising given the procedural fairness issues uncovered by this investigation.
155. We found automatic denials without an investigation; denials based on no evidence; poor communication with claimants; and files closed without contacting the claimant.
156. The issue here is not whether claims should be paid out but rather that claims should be processed in keeping with procedural fairness requirements.
157. The adjuster’s fee of $195.00 per desktop claim is a reality which must affect the handling of claims. This amount does not encourage substantial effort. The return on investment suggests that the adjusters are not paid to vigorously pursue reports about low dollar claims.”
9.0 Delay by the City in Responding to Requests
159. Many of the files reviewed involved delay in receiving City reports. Some took as long as 13 months, while others, never arrived. Claimants waited many months and at times over a year just to hear whether their claim had been denied or would be paid out. Claimants were told by adjusters that the long wait was because the adjusters had not yet received the report from the City.
10.0 Process where Contractors are Involved
205. Often, residents are not aware that contractors were involved until many months after sending the claim. My investigator was told by adjusters about lengthy delays in claimants being notified of a contractor's involvement.
206. We also found that claimants had difficulties contacting contractors. They would respond only after legal action was filed.
211. The current process of leaving the claimant to pursue the contractor with
minimal City involvement is not adequate.
206. We also found that claimants had difficulties contacting contractors. They would respond only after legal action was filed.
211. The current process of leaving the claimant to pursue the contractor with
minimal City involvement is not adequate.
11.3 An Expert's View
233. We consulted with an expert in the insurance industry who has extensive knowledge of and experience with third party insurance adjusting processes.
234. He told my investigator that there is a "culture of denial" in the industry. Adjusters always work in their clients’ interests, aware that if they pay out too many claims, the client may end their contract and retain another company.
234. He told my investigator that there is a "culture of denial" in the industry. Adjusters always work in their clients’ interests, aware that if they pay out too many claims, the client may end their contract and retain another company.
I actually highly recommend that you read the entire ombudsmen report in full; it's absolutely damning. Anyone here thinking they can take of the City of Toronto for a free ride is going to get the taste slapped out of their mouth after they read it.
Skyway6
Well-known member
you have anyone that was a witness to your fall? Just think it be helpful to have that so they can say they saw
you wipe out there because of that **** ton of wet grass. Next is like others said, lawyer and/or insurance. Let them
deal with city. And stop talking about it on the internet. Do not say you are hurt/not hurt/ok on the internet.
Hope it turns out well for you. Funny seeing that google map. I used to live in one of those townhouses.
And when did Etobicoke become Toronto? Last i was there Etobicoke had its own city hall. (left in 1991)
you wipe out there because of that **** ton of wet grass. Next is like others said, lawyer and/or insurance. Let them
deal with city. And stop talking about it on the internet. Do not say you are hurt/not hurt/ok on the internet.
Hope it turns out well for you. Funny seeing that google map. I used to live in one of those townhouses.
And when did Etobicoke become Toronto? Last i was there Etobicoke had its own city hall. (left in 1991)
BetterWhenNaked
New member
Holy crap, I took that route today, and I almost lost it just like you did. I go to Humber and was heading home going through the right lane when I hit the grass I realized I was kind of ****ed, but I was lucky enough to catch it with my legs(I ride a 250[I still have grass stuck on the bottom of my pants and shoes from it) I don't know if it helps or not but I can vouch for what you went through if you need another voice or whatever.
I've dealt with something like this. I suggest against making a claim with insurance company. They wont help you to sue the city. In fact, the claim will be single vehicle accident - your fault. Why? they will say you should be riding according to the road condition. Again, they wont help you.
Call personal injury lawyer, let them take your case to fight the city. You will have to repair your bike out of your pocket and get compensated for that. The city will pay out. Those pics are very good evidences to help your case.
Call personal injury lawyer, let them take your case to fight the city. You will have to repair your bike out of your pocket and get compensated for that. The city will pay out. Those pics are very good evidences to help your case.
Could argue it's like hitting a dear, "act of god/nature" or in this case, "act of dumass"
I don't think it's anything like hitting a deer.... Unless a deer was driving the lawn mower that was shooting the grass clippings onto the road.
Who ever mowed that lawn is responsible. Shooting grass clippings onto the road is similar to, if not worse than, shoveling gravel on to the road.
Not being aware of their actions does not absolve them of responsibility.
Sent from my iPhone using Tapatalk
Laughing maniacally as he does it ...
Stuff that accidentally ends up on the road is one thing... when the negligence or oblivious actions of someone result in excessive road debris when they should no better.. that's another thing.
Etobicoke and the other boroughs have been part of the mega city for 15 years (2000)
came back to the area, talked to some guys, it is not city of toronto, it was TDSB employee who were cutting the grass, spilling it on the road, planned to blow it back later, but rain started and they postponed it.
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