Got rear ended on the 401 yesterday.... | Page 2 | GTAMotorcycle.com

Got rear ended on the 401 yesterday....

If they settle or if goes to court if you lose you pay the lawyers fees. If you win they pay them. So if you settle its what you settle for plus fees. They do not come out of your settlement.

Also note you cant settle for 2 years as they need to see the long term effects. After that time is up your insurance as well as the other persons insurance will settle.

Your insurance covers all your med expenses and if they feel you will cost to much they may pay you a lump sum to cut you loose.

The other insurance will see if they have a case and will also cut ties. Most of this stuff will never go to court. But it is alot of Dr apts. You have to see your Dr, one your Lawyer sends you too, one their Lawyer sends you too. and they look at the avg(if you can call it that) 2-3 years will be around 40K to pay your lawyer so make sure you are ready before going down that road. Also do not talk to anyone at all including here if you are going that route! If someone asks you a question refer them to your lawyer!!!!!
 
Sorry for the grammar and spelling I only get a few seconds here and there to respond and fire this stuff off without proofing
 
I doubt it will go that far as the extent of my injuries are minor. Now I'm battling with the insurance company who doesn't wanna cover storage at the tow yard for the full time it's been there.
 
sesamestreet said:
I doubt it will go that far as the extent of my injuries are minor. Now I'm battling with the insurance company who doesn't wanna cover storage at the tow yard for the full time it's been there.
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Assuming you are wanting the vehicle written off and don't want it back, releasing it from storage may be a sign of good faith with the insurance company. An adversarial relationship with your adjuster makes for a miserable experience for all. You aren't accepting their settlement offer, you are just having the bike stored somewhere that doesn't charge extortionary rates.
 
OP, I hope you fair better than I did in my accident.

Cager found 100% at fault but my "record" with the insurance companies is forever tarnished with a partial at fault for my injuries. (as per the cagers insurance company) See my thread here.

http://www.gtamotorcycle.com/vbforu...n-fault-accident-but-still-quot-at-fault-quot

I don't know if a lawyer would have helped but the few I spoke to wouldn't take my case because my injuries weren't severe enough.

Good luck!
 
justride said:
Just make sure you get more money than the lawyers and beware of false advertising

couple articles from the toronto star to read!

In the wild west world of personal injury lawyer
https://www.thestar.com/news/invest...ersonal-injury-firms-make-dubious-claims.html

Contingency fees should be limited
https://www.thestar.com/news/queens...ry-lawyers-should-be-limited-report-says.html

I would not go to D&D after see him and them on the news!
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Like anything else, word of mouth from people who have had real experience is the best. I have worked with several labour lawyers and I can tell you there are some that roll over and play dead, and others that were absolutely aggressive. I found the trick to making your lawyer successful in your case is to load them up with plenty of info for ammunition. The more and better they know your case, the more effective they will be.
 
Firstly, some good and some very bad advice. if you lose at trial, you are only required to pay the other sides costs, if they ask the judge for that ruling. Then the money doesn't come out of YOUR pocket, but rather the insurer pays, that is one of the advantages of insurance same of you get sued for hitting someone, it is up to your insurer to defend that action, (IE provide you with legal representation).

Also, for the person that posted the $10,000 settlement scenario and said the lawyer will take $3 - 5,000, of that. A lawyer would NEVER settle for $10,000, because they know there is a "settlement deductible" imposed by your insurer. That deductible is currently just under $48,000!!! So a more likely scenario is they settle for $100,000, the lawyers take $35,000,the insurer takes their $48,000, leaving you with $17,000 of the $100,000... Of course the contingency fees are set at approx 35% BUT that doesn't cover "expenses" IE your lawyer sends you to a doctor, that is an "expense" that you also get billed for.
 
I'm currently using Oatley Vigmond for my claim. https://oatleyvigmond.com . They have been fantastic helping me navigate insurance claims, and fighting with the insurance company to make sure I get my IRB and other expenses paid on time. FYI, TD/Meloche is a pain in the ass to deal with.

Also definitely don't release the bike until you have in writing what they are going to pay you for it. Mine sat in storage for over a month because they wanted to give me what I paid for it, not what it would cost to replace. They also considered my helmet as part of the bike and wouldn't pay for it as part of my personal property loss, so be sure to check with that.

Sent from my MotoG3 using Tapatalk
 
Yes all gear, is settled as part of the bike settlement. I was fortunate Allstate, asked for receipts, I was able to get them from the various retailers, and they paid them out... eventually. My adjuster is well known, for "forgetting" to to her job...lol But the lawyers are pretty good at getting her tuned in, and fighting for IRB, etc.

BradW said:
I'm currently using Oatley Vigmond for my claim. https://oatleyvigmond.com . They have been fantastic helping me navigate insurance claims, and fighting with the insurance company to make sure I get my IRB and other expenses paid on time. FYI, TD/Meloche is a pain in the *** to deal with.

Also definitely don't release the bike until you have in writing what they are going to pay you for it. Mine sat in storage for over a month because they wanted to give me what I paid for it, not what it would cost to replace. They also considered my helmet as part of the bike and wouldn't pay for it as part of my personal property loss, so be sure to check with that.

Sent from my MotoG3 using Tapatalk
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hedo2002 said:
Yes all gear, is settled as part of the bike settlement. I was fortunate Allstate, asked for receipts, I was able to get them from the various retailers, and they paid them out... eventually. My adjuster is well known, for "forgetting" to to her job...lol But the lawyers are pretty good at getting her tuned in, and fighting for IRB, etc.
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Oddly enough, the rest of my gear (Jacket, pants, gloves, boots) was lumped in with my personal property, along with the clothing I was wearing under it, my cellphone, and garage door remote that was in my pocket.

Sent from my MotoG3 using Tapatalk
 
Sorry didn't mean to say all gear, the helmet is lumped in with the bike because, insurance views it as part of the bike, you can't legally ride without one, however, the other gear is all "optional". That was how they explained it to me.

BradW said:
Oddly enough, the rest of my gear (Jacket, pants, gloves, boots) was lumped in with my personal property, along with the clothing I was wearing under it, my cellphone, and garage door remote that was in my pocket.

Sent from my MotoG3 using Tapatalk
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hedo2002 said:
Yes all gear, is settled as part of the bike settlement. I was fortunate Allstate, asked for receipts, I was able to get them from the various retailers, and they paid them out... eventually. My adjuster is well known, for "forgetting" to to her job...lol But the lawyers are pretty good at getting her tuned in, and fighting for IRB, etc.
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Twice I've been taken off my bike by car drivers. Twice I had all my gear covered by the insurance company as "clothing" at full replacement value.
 
Rob MacLennan said:
Twice I've been taken off my bike by car drivers. Twice I had all my gear covered by the insurance company as "clothing" at full replacement value.
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Yes ALL gear will be replaced, just that the helmet is lumped in with the bike, where ALL the rest is covered seperately. They normally deduct 20%, (at least that is what Allstate did), for each year you have had the gear. The helmet is considered a "safety" item that is required use with a bike, whereas insurance considers the rest of the gear, as "optional items"
 
hedo2002 said:
Yes ALL gear will be replaced, just that the helmet is lumped in with the bike, where ALL the rest is covered seperately. They normally deduct 20%, (at least that is what Allstate did), for each year you have had the gear. The helmet is considered a "safety" item that is required use with a bike, whereas insurance considers the rest of the gear, as "optional items"
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Any time my helmet has been replaced by insurance it's been covered as clothing, with replacement value provided. Perhaps it varies from insurer to insurer?
 
RC-31 said:
Can you? Once they declare it a total loss, I don't think you CAN get it back.
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No problem buying it back. The insurance company gets a salvage bid (say 2000) and offer you either the value of the bike before (say 6000) or the difference and the bike (so 4000 and you keep the bike). Now you can't register that bike for use on the road in Ontario, so I wouldn't be doing it with a Thruxton, but on an SS, you may be ahead by keeping the bike for the track.
 
GreyGhost said:
No problem buying it back. The insurance company gets a salvage bid (say 2000) and offer you either the value of the bike before (say 6000) or the difference and the bike (so 4000 and you keep the bike). Now you can't register that bike for use on the road in Ontario, so I wouldn't be doing it with a Thruxton, but on an SS, you may be ahead by keeping the bike for the track.
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Depends on what the insurer does, not all bikes which are "written off" by an insurer are the registered as salvage, My bike last year only had cosmetic damage, nothing structural. the insurer wrote it off due to high cost of replacement parts, (the OEM exhaust alone was $3200). They made it clear it was being branded salvage, but would be sold at auction, to recover some of their cost to me.

In that case the bike once purchased could certainly again once the parts, (if someone wanted a pristine bike), were replaced, could be registered for road use, here in Ontario.
 
hedo2002 said:
Depends on what the insurer does, not all bikes which are "written off" by an insurer are the registered as salvage, My bike last year only had cosmetic damage, nothing structural. the insurer wrote it off due to high cost of replacement parts, (the OEM exhaust alone was $3200). They made it clear it was being branded salvage, but would be sold at auction, to recover some of their cost to me.

In that case the bike once purchased could certainly again once the parts, (if someone wanted a pristine bike), were replaced, could be registered for road use, here in Ontario.
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Is there anyway to guarantee the branding (or lack thereof)? It would suck to get the bike back only to find out the brand took 90 days to process or something like that.

PS. you said they were branding it salvage and it could be re-registered in ontario? Are you missing a negative or am I missing something?
 
FLSTC said:
As long as the other guy is assessesd at 100% at-fault and you are assessed at 0% at-fault, that's the end of your interaction with each other.

Your damages all come from your own insurer. Lawyers mostly involved to ensure your insuror is covering your injury / medical expenses as much as warranted. A personal injury lawyer would probably also recommend assessment by the appropriate medical professionals to ensure sufficient evidence is available to support your injuriy and treatment claim.

Payout on the bike may be in question, but you may be able to negotiate that yourself with some advice here and save whatever the lawyer would charge for that. The $ comes out of your DCPD coverage - no recovery from the other party, so no punishmemt for them here. That being said, you're entitled to get the best deal and I suspect the first offer from your insuror won't be the best (they're in the business to minimize expenses, n'est pas)
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This is statement is incorrect about the where the damages are paid from , a call to a lawyer is the best way to answer this question or goggle Tort Law and read up on it
 
alex369 said:
This is statement is incorrect about the where the damages are paid from , a call to a lawyer is the best way to answer this question or goggle Tort Law and read up on it
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I'm not sure this is correct in the specific instance of auto insurance in Ontario, but in any case it's irrelevant.

The way I see it:
a)OP is damaged
b)He wants money to fix damage
c)He doesn't want his insurance to go up as he was not at fault
Who pays for the damage doesn't matter at all to the OP. It could be his insurance, the other drivers insurance, the other driver personally, the government of Ontario, he doesn't care where it comes from as ultimately (assuming that the money is actually transferred not just a judgement rendered), he is in exactly the same place. I am sure the OP's insurance company cares greatly about who pays, but the rider is isolated from that mess.
 
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