Went Down Today

[gtm]

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Instead, he will use this time to rehab, sort out this mess and deal with his bike. His bike is not going to magically repair itself is it? It'll require effort and time. I don't know what OP does for a living but he might have a job that will not pay him if he takes time off to recover. You never know. If he is unable to work because of the accident, is it not fair that he be compensated accordingly?

I agree you must look at it case by case, but we need to start being realistic in this world.

I am not disagreeing the bike should not be covered or fixed, of course it should. I also agree that necessary medical costs like prescription drugs should be covered as well. Its crap like "mental anguish" that disgusts me.

I enjoy that you mentioned the fact about working. The doctor at the hospital told me not to drive and to stay off my leg for a week to two weeks. I said I cant, I have to work. He said hed write me a note, I said it doesn't matter I wont get any pay compensation regardless of a note. And why should I? Why should another company have to bear the burden? Without me here the company doesn't make the money that it uses to pay me with, so because of my accident the company should lose money?

Money all comes from somewhere, no matter how far away the source is and how infinite it seems.

Life happens, **** happens, we always get stuck having to do things we dont like that take time from spending people we love, or the things we enjoy doing.

USA or not, the capacity behind the decisions to sue are the same, and the outcomes are the same even if monetarily they are not equal between our two countries.

 

[Mina]

In a case like that it's not about your well being, but about your ability to support yourself.

In what sense?...
Yes. If your injuries are causing you to miss long periods of work and it's affecting your pay/income and cannot support yourself/your family. I understand and I can see how a settlement can help compensate for that. What got me going is Rafiki911's post. How would "getting something" help your aches/pains. This kind of mentality is way too common among people today simply because they were involved in a not-at-fault accident.

I agree, I'm still going through my battle. ..six years later and still hurting. You don't know how a collision is going to effect your life. Its better to do everything proper and not have any issues then to say what ever and be in pain for the rest of your life and not get anything for someone changing it.

 

[Rob MacLennan]

In what sense?...
Yes. If your injuries are causing you to miss long periods of work and it's affecting your pay/income and cannot support yourself/your family. I understand and I can see how a settlement can help compensate for that.....

In that sense.

 

[Mina]

In that sense.

OP is claiming to be OK with some pain in the chest/ribs... how does this give him the right to ask for a settlement?...

 

[Mina]

I agree you must look at it case by case, but we need to start being realistic in this world.

I am not disagreeing the bike should not be covered or fixed, of course it should. I also agree that necessary medical costs like prescription drugs should be covered as well. Its crap like "mental anguish" that disgusts me.

I enjoy that you mentioned the fact about working. The doctor at the hospital told me not to drive and to stay off my leg for a week to two weeks. I said I cant, I have to work. He said hed write me a note, I said it doesn't matter I wont get any pay compensation regardless of a note. And why should I? Why should another company have to bear the burden? Without me here the company doesn't make the money that it uses to pay me with, so because of my accident the company should lose money?

Money all comes from somewhere, no matter how far away the source is and how infinite it seems.

Life happens, **** happens, we always get stuck having to do things we dont like that take time from spending people we love, or the things we enjoy doing.

USA or not, the capacity behind the decisions to sue are the same, and the outcomes are the same even if monetarily they are not equal between our two countries.

+1...Very well said!

 

[gtm]

In that sense.

But are those injuries really causing you to miss work, or are you just using those injuries, to pull the injury card and claim that you cant work because you're a lazy piece of **** who would rather sit on their ***, high as a kite off drugs and milk the opportunity that came to them?

Everyone wants to turn their personal misfortunes into personal fortunes.

 

[craygun]

OP likely doesn't need any of the above mentioned.

People need to stop being such ****ing pussies in this day and age. I wiped out at mosport the other weekend, swelling and bruising my ENTIRE lower leg and part of my thigh.

I can only assume that when YOU went down, it was your fault, whereas the OP was clearly not at fault but rather suffered due to someone else's negligence.

I'm not for a huge US-style cash settlement, but receiving some sort of compensation for the inconvenience and hassle of being hurt and losing riding time due to someone else's negligence isn't a huge stretch.

If you replace your crash with the OP's, would you rather not rest up and take some time off work so you feel better sooner, and at least not be financially burdened because of it?

Also, as someone else mentioned, things like this can end up being a burden down the road. As someone who also suffers from arthritis (I'm 38) in my shoulder due to an old football injury, it's a real battle. Didn't even crop up for almost 10 years after the original injury but now I'm reminded of it just about everytime I move my right arm upward...and it sucks. Hopefully this isn't the case for the OP, but to "man-up and move on" is great, but if someone else is at fault for the injury/inconvenience, like others mentioned, a $350 fine and 3 demerit points doesn't exactly discourage this type of driving.

 

[gtm]

I can only assume that when YOU went down, it was your fault, whereas the OP was clearly not at fault but rather suffered due to someone else's negligence.

Of course it was my fault. Another rider could have stuffed me and caused me to crash though, but I wouldnt go trying to sue them. My injuries were an accepted part of what I was doing at the time, racing, and I only brought it up to express the fact that YES life can continue with injuries, that some would claim are completely debilitating.

The cab was negligent yes, but none of us know the exact circumstances. Perhaps the cabbie did have enough time to make the u turn had the op not been doing 100 in a 60? who knows? I don't. Im just merely taking a different view to this whole issue rather than just siding up with a biker cause hes a biker and we all gotta stick together

 

[OpenGambit]

But are those injuries really causing you to miss work, or are you just using those injuries, to pull the injury card and claim that you cant work because you're a lazy piece of **** who would rather sit on their ***, high as a kite off drugs and milk the opportunity that came to them?

Everyone wants to turn their personal misfortunes into personal fortunes.

Err what you are talking about is insurance fraud. I thought we were talking about legitimate injuries?

BTW. it actually is very different here compared to the states. You aren't gonna get mental anguish for an accident. You get compensated for lost wages and well.. thats pretty much it, even then, the problem is actually that the rewards are too low, not too high... again, for legitimate injuries, especially long term ones.

 

[OpenGambit]

Of course it was my fault. Another rider could have stuffed me and caused me to crash though, but I wouldnt go trying to sue them. My injuries were an accepted part of what I was doing at the time, racing, and I only brought it up to express the fact that YES life can continue with injuries, that some would claim are completely debilitating.

The cab was negligent yes, but none of us know the exact circumstances. Perhaps the cabbie did have enough time to make the u turn had the op not been doing 100 in a 60? who knows? I don't. Im just merely taking a different view to this whole issue rather than just siding up with a biker cause hes a biker and we all gotta stick together

I think that the insurance company is well capable of making sure it doesn't get ripped off. =D They are experienced, able, and willing.

 

[OpenGambit]

I enjoy that you mentioned the fact about working. The doctor at the hospital told me not to drive and to stay off my leg for a week to two weeks. I said I cant, I have to work. He said hed write me a note, I said it doesn't matter I wont get any pay compensation regardless of a note. And why should I? Why should another company have to bear the burden? Without me here the company doesn't make the money that it uses to pay me with, so because of my accident the company should lose money?

The business of that "other company" is to bear the burden, the product of insurance companies is "peace of mind". They are held to a higher standard of honesty and integrity than other companies because of this.

I get what you are saying that people shouldn't see these events as cash cows. and that people shouldn't get a windfall from accidents. But suggesting that insurance companies are somehow burdened by the idea that they pay out on the insurance they sell seems to be stretching it a bit far. After all, if they didn't... what value do they serve?

 

[invictus43]

The cab was negligent yes, but none of us know the exact circumstances. Perhaps the cabbie did have enough time to make the u turn had the op not been doing 100 in a 60? who knows? I don't. Im just merely taking a different view to this whole issue rather than just siding up with a biker cause hes a biker and we all gotta stick together

Ok..take the cab out of it..your 4 year old daughter is attacked by someone else's dog and is disfigured for the rest of her life. You gonna tell her to just suck it up? I'm playing devil's advocate here..I get your point.

 

[RetroGrouch]

The cab was negligent yes, but none of us know the exact circumstances. Perhaps the cabbie did have enough time to make the u turn had the op not been doing 100 in a 60? who knows? I don't. Im just merely taking a different view to this whole issue rather than just siding up with a biker cause hes a biker and we all gotta stick together

Haha, I love how you're defending the driving ability of a Toronto cabbie. Obviously you don't ride downtown and have never witnessed the dreaded U-Turn of Death. I have seen it many times though luckily haven't been the victim of one. Motorcyclists may not all be angels but cabbies are absolute scum, no exceptions.

 

[rafiki911]

Honestly I just want to be back to normal. I'm not using or abusing this system. Becuase of someone elses bad judgement my life has changed considerbly, you can ask anyone that knew me before the collision. I'm an extreemly outgoing person that doesn't like sitting on my butt, but since this collision I cannot do everything I would like to do/or I have to do it in pain. I still try my best to not let it effect me and I went back to work about a month and a half after my collission, when in reality I should have been off for at least a year. I now have to look at a new career path and go back to school in my 30's.

Don't get me wrong I am very grateful that it did not end up worse than it is... I could have been paralized or worse dead and I try to take advantage of every day like it's my last... that is what a near death experience does to you.

So quit, judging when you don't know what I've been through or still going through. Trust me when I say that this pain is not worth any amount of money that I get or not get.

Just to let you know I was standing on a side walk when this happened...so nothing to do with being on a motorcyle with added risks.

 

[Rob MacLennan]

But are those injuries really causing you to miss work, or are you just using those injuries, to pull the injury card and claim that you cant work because you're a lazy piece of **** who would rather sit on their ***, high as a kite off drugs and milk the opportunity that came to them?

Everyone wants to turn their personal misfortunes into personal fortunes.

There's such a thing as pain, for which there is a very poor financial metric. Should you be required to work, when it causes you additional pain?

Then again I helped tear down an operation, when i had a broken collarbone, because I had been injured in a collision just a couple of days after receiving a layoff notice.

 

[gtm]

Ok..take the cab out of it..your 4 year old daughter is attacked by someone else's dog and is disfigured for the rest of her life. You gonna tell her to just suck it up? I'm playing devil's advocate here..I get your point.

Yeah, I am.

Itd be a shame to happen, but thats life. Aside from paying for her reconstructive fees and other medical expenses, why would I, or she, then be entitled to anything more?

I know someone will dredge up "this is canada not the USA" again, but really, why should my family be entitled to a large settlement which ups our quality of living by leaps and bounds and puts another family in the gutter because of an ACCIDENT. The other family didnt sick (sp?) their dog on my little girl. Perhaps I should have kept better care of my little girl, why would I allow her around a dog that could potentially disfigure or fatally injure? That would be my own negligence. Perhaps the dog chewed through his leash, jumped my fence and ran straight for my girl playing in her sandbox. Well, thats really not the other families fault now is it? Its a circumstance where there can be many put to blame, and yet no one to really blame. Its a happenstance where the unlikely occurred.

The point I am trying to make is that it seems we are so quick to point a finger to blame and attempt to score monetary gain out of those we point the finger at, for what is usually no legitimate reason other than we want a cash grab.

I really wish I could further articulate my thoughts, but I am at work and rush posting :mamoru:

 

[OpenGambit]

Yeah, I am.

Itd be a shame to happen, but thats life. Aside from paying for her reconstructive fees and other medical expenses, why would I, or she, then be entitled to anything more?

I know someone will dredge up "this is canada not the USA" again, but really, why should my family be entitled to a large settlement which ups our quality of living by leaps and bounds and puts another family in the gutter because of an ACCIDENT. The other family didnt sick (sp?) their dog on my little girl. Perhaps I should have kept better care of my little girl, why would I allow her around a dog that could potentially disfigure or fatally injure? That would be my own negligence. Perhaps the dog chewed through his leash, jumped my fence and ran straight for my girl playing in her sandbox. Well, thats really not the other families fault now is it? Its a circumstance where there can be many put to blame, and yet no one to really blame. Its a happenstance where the unlikely occurred.

The point I am trying to make is that it seems we are so quick to point a finger to blame and attempt to score monetary gain out of those we point the finger at, for what is usually no legitimate reason other than we want a cash grab.

I really wish I could further articulate my thoughts, but I am at work and rush posting :mamoru:

I would call that a tragedy, freak accidents vs something that someone specifically purchased insurance for...
I don't think it makes sense to compare the 2 situations because of the existence of the insurance company, which is central to the example.

and since you brought it up. it is Canada, not the States. you would not see a big settlement nor an improvment in your standard of living. What you are arguing against is a problem that doesn't exist in this country.
Stop thinking about some guy/girl who got millions for slipping in front of a starbucks or for spilling a mcdonalds coffee on themselves.

I don't think anyone in a serious accident in Canada ever thinks the money they got was "worth it" because it never is.

 

[gtm]

You said it yourself, serious accident.

The OP was not in a serious accident. The whole thing that spawned my argument was the people saying to sue and gain a settlement out of this circumstance.

The money is never "worth it".

I wish I lived back in the cowboy or pioneer era days.

 

[OpenGambit]

I wasn't giving a green light for the OP to cash in a lottery ticket. After all. I don't know anything about the facts and I am not going to speculate.

You seemed to be making a more general point about compensation and I am just made a other general points in response. Summarized they are

1. insurance companies are in the business of compensation, asking them to pay out legitimate claims isn't wrong and doesn't make the claimant a pussy.
2. Insurance companies know how to not get ripped off
3. You don't get huge settlements in Canada
4. Compensation is about making someone whole, not a windfall- for serious accidents, this is essentially impossible
5. Mental anguish is pretty rare to get compensated for in Canada - and even in the states, like that judge that sued the dry cleaner for 2 mill for losing his pants. ( he lost obviously, and I think he lost his judge's post as well )
6. Insurance fraud is a completely different story
7. I didn't see anyone say sue?
8. High settlements in the US are usually based on punitive damages. See an example - the ford pinto fiasco, then yes at that point its not about compensation, its about removing the windfall for their culpable behaviour from the defendant, if the victim gets a windfall, well the idea is that its better him/her than the culpable party.

 

[Mina]

So quit, judging when you don't know what I've been through or still going through. Trust me when I say that this pain is not worth any amount of money that I get or not get.

You just proved my point, thank you!
I'm not one to judge, but you seem to have mixed emotions. Your first post in this thread stated that it's better to "get something" and your second post stated "the pain is not worth any amount of money". Which is it?...

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