I've been hit

psycholist

"Q." <LostVideos-AT-hotmail.com> wrote in message
news:VZqdnQMq5-V3ngbd4p2dnA@comcast.com...
> <snip>
>
> >...If they try to shortchange you, threaten
> > lawyer, if they still shortchange you, get a lawyer and
> > get as much as you can, I guess. But you shouldn't (and I don't think
you
> are)
> > look at this as a chance to
> > make some extra cash as some others suggest. Doing that is a karma foul
> > punishable by an even more
> > severe crack-up.
>
> Karma? Sorry, no offense, but no such thing exists. There is, however,
> greed and evil in the world. Insurance is a business, and they will
> shortchange people who are not ready. Their job is to maximize profits.
> They are not nice benevolent people, they specialize in screwing everyone
> and everything and are much better at it than any decent human is. Who do
> you thing is going to pay for 9/11? God forbid the CEO's of these
insurance
> companies have to drive anything less than a $100,000 Mercedes.
>
> Oh, and if you do believe in Karma ... think about this, you've already
been
> screwed by insurance companies your whole life in ways you can't even
> imagine. It's payback time now.
>
> C.Q.C.
>

I guess it bears repeating. This is just B.S. Do you have ANY direct
experience in these matters Q?

I'm no fan of the insurance business. I can't stand what's happening to
premiums. But I think that has as much to do with idiots who think the
first and only answer is to hire an attorney and sue. And per your prior
response, I don't have a big fat bank account. I never said that I did. I
said I got a fair and reasonable settlement. You chose not to absorb that
part because of your red-eyed rant. You should go get a job with Oliver
Stone.

Bob C.

psycholist

"Chris Dorn" <cdorn1971-newsgroups@yahoo.com> wrote in message
news:109n30jfh3h94be@corp.supernews.com...
> Be very careful. I got screwed by someone who told me they were not
> insured because it was a freinds car and he did not have permission to
> be driving said car. I could have pressed charges, but I'm not a
> litigious person by nature. Luckily my injuries were not bad and the
> damage to the bike not severe. Make sure to document everything just in
> case. Don't sign anything unless you know exactly the consequences. Take
> care of yourself.
> Chris
>

This may be a state-by-state thing, but the insurance goes with the car, not
the driver. I was hit by a car that was being driving by the 17 year old
friend of the owner's daughter. That was completely irrelevant. There
driver was the party at fault. The owner of the vehicle was the liable
party.

Bob C.

Badger_South

On Fri, 07 May 2004 16:49:48 GMT, "curt" <nospam@verizon.net> wrote:

>Now if the person I backed in front of got an attorney
>right away as was suggested by so many without contacting me, I would be
>much more difficult and probably figured I was dealing with an ass, so I
>would make them work for every penny and let the attorney they hired get all
>their money. I am into being civil, but if someone hires an attorney right
>off the bat, I would be a tough person to deal with and fight just because I
>don't care for someone hiring an attorney without at least talking to me
>first.

Sounds like you're saying you're just prepared to be an even bigger ass,
b/c if it was your fault, it should not matter how the person proceeds,
except that he do it legally.

There are all sorts of pitfalls with 'just writing a check', such as late
appearing injuries, and unseen expenses medically. Also, checks bounce;
then the guy does a dance and a jig about getting the money saying 'in the
mail', or 'already sent it'.

Just a thought.

-B

Mike Martin

On Fri, 07 May 2004 16:32:15 GMT, DiabloScott
<NOSPAMdiabloscott@terra.es> banged out:

>Curt wrote:
> > > I'm sick of all the litigious bastards in this country!
> > >
> > > Mike
> > Worth repeating.
> > Curt
>
>Having a lawyer represent you in legal matters is not the same as being
>a litigious bastard.

You are correct. Suing McDonalds because you spilled coffee in your
lap is an example of a litigious bastard. Suing Burger King for plus
sized meals making you fat is another one...

First, kill all the lawyers, then kill the insurance wonks.

Mike

maxo

On Thu, 06 May 2004 14:27:03 -0700, Scott Sawyer wrote:

> Yesterday afternoon, I was traveling north on a secondary city street
> (Merriman Rd in Akron Ohio) that has only a few stop lights along its
> length. The street is a false flat, and I was going down hill at about
> 21 - 23 mph. A car failed to yield and pulled out from a driveway in
> front of me. I hit the front fender of the car, and flew head over
> heels over the hood, and landed in the opposite lane of traffic.
> Fortunately, I was able to get up and hobble to the side of the road.
>
> My injuries are relatively minor. I was seen in the emergency room to
> get stitches on my right shin. Otherwise, I have painfully bruised
> both lower legs, and I have some roadrash on both legs and arms. I
> never hit my head on either the car or the pavement.
>
> My bike, a 2000 Cannondale R600, is trashed. The right leg of the
> carbon fiber fork is broken in two places, and the right chainstay is
> completely broken in two. The big chainring now has a 90 degree bend.
>
> The driver was cited for failure to yield. I was not feeling well at
> the time, and I didn't get her name or telephone number, although
> those things will be on the police report.
>
> The bottom line is that I'm ok, but I would at least like to get a new
> bike out of the deal. Does anyone have advice on how to proceed from
> here?
>
> Best regards,
> Scott Sawyer

Oh that sucks! Good to hear you got away relatively unscathed!

I'd first check out your state or local laws and see what kind of rights
bicyclists have, hopefully your laws will be solid enough to give you a
leg to stand on, then perhaps call around to a few bike shops and see if
they know any lawyers that specialize in this.

Good luck, I'm sure you've heard about the guy who was training in 'burb
outside of Chicago, and was crossing a bridge that, unbeknownst to him,
was under construction. The filler between the support beams had been
removed (it may have been a wooden bridge with asphalt filler, I forget)
and he handily locked his front wheel into one of the "slots" and took a
major tumble. He's living with major disabilities, but the state ruled
that since bicycles aren't officially recognized as street-legal vehicles,
they can take no responsibility.

Since you just want your bike replaced, I'm optimistic the insurance
company would rather pony up a measly grand instead of wasting bucks on
litigation.

Good thing the other car stopped! I had my entire credit rating ruined by
medical bills from a hit and run. Oh well, I feel lucky to have my life
though

Let us know how it goes--and I agree with the other poster who suggested
getting a bike if you can afford it, and not waiting for compensation--get
on with your biking, I did. After my big hit and run, I rode home from the
hospital, sheared off teeth, nose splint, mummy head and all

maxo

On Thu, 06 May 2004 14:27:03 -0700, Scott Sawyer wrote:

> Yesterday afternoon, I was traveling north on a secondary city street
> (Merriman Rd in Akron Ohio) that has only a few stop lights along its
> length. The street is a false flat, and I was going down hill at about
> 21 - 23 mph. A car failed to yield and pulled out from a driveway in
> front of me. I hit the front fender of the car, and flew head over
> heels over the hood, and landed in the opposite lane of traffic.
> Fortunately, I was able to get up and hobble to the side of the road.
>
> My injuries are relatively minor. I was seen in the emergency room to
> get stitches on my right shin. Otherwise, I have painfully bruised
> both lower legs, and I have some roadrash on both legs and arms. I
> never hit my head on either the car or the pavement.
>
> My bike, a 2000 Cannondale R600, is trashed. The right leg of the
> carbon fiber fork is broken in two places, and the right chainstay is
> completely broken in two. The big chainring now has a 90 degree bend.
>
> The driver was cited for failure to yield. I was not feeling well at
> the time, and I didn't get her name or telephone number, although
> those things will be on the police report.
>
> The bottom line is that I'm ok, but I would at least like to get a new
> bike out of the deal. Does anyone have advice on how to proceed from
> here?
>
> Best regards,
> Scott Sawyer

Oh that sucks! Good to hear you got away relatively unscathed!

I'd first check out your state or local laws and see what kind of rights
bicyclists have, hopefully your laws will be solid enough to give you a
leg to stand on, then perhaps call around to a few bike shops and see if
they know any lawyers that specialize in this.

Good luck, I'm sure you've heard about the guy who was training in 'burb
outside of Chicago, and was crossing a bridge that, unbeknownst to him,
was under construction. The filler between the support beams had been
removed (it may have been a wooden bridge with asphalt filler, I forget)
and he handily locked his front wheel into one of the "slots" and took a
major tumble. He's living with major disabilities, but the state ruled
that since bicycles aren't officially recognized as street-legal vehicles,
they can take no responsibility.

Since you just want your bike replaced, I'm optimistic the insurance
company would rather pony up a measly grand instead of wasting bucks on
litigation.

Good thing the other car stopped! I had my entire credit rating ruined by
medical bills from a hit and run. Oh well, I feel lucky to have my life
though

Let us know how it goes--and I agree with the other poster who suggested
getting a bike if you can afford it, and not waiting for compensation--get
on with your biking, I did. After my big hit and run, I rode home from the
hospital, sheared off teeth, nose splint, mummy head and all

DRS

"curt" <nospam@verizon.net> wrote in message
news:M6Pmc.26229$L8.1633@nwrdny02.gnilink.net
> "DiabloScott" <NOSPAMdiabloscott@terra.es> wrote in message
> news:jSOmc.12192$KV2.8916@fe05.usenetserver.com...

[...]

>> Having a lawyer represent you in legal matters is not the same as
>> being a litigious bastard.
>
> This was in the context of this subject. Most of the answers I read
> were IMHO were way over the top and did appear that most all in the
> US are litigious bastards. I see no legal matter in this situation
> yet. How does anyone know the person just won't right a check. The
> last person that hit my car did and opted not to use their insurance.
> He broadsided my Jaguar, and that was not cheap to fix. I would also
> not use my insurance on something like this. Now if the person I
> backed in front of got an attorney right away as was suggested by so
> many without contacting me, I would be much more difficult and
> probably figured I was dealing with an ass, so I would make them work
> for every penny and let the attorney they hired get all their money.
> I am into being civil, but if someone hires an attorney right off the
> bat, I would be a tough person to deal with and fight just because I
> don't care for someone hiring an attorney without at least talking to
> me first. If the person called me, I would ask them what they wanted
> and if they wanted a new bike and pay for the medical bills, I would
> right them a check to satisfy their needs knowing I was in the wrong.
> Who knows, maybe the person and I would become friends and not
> enemies. Could you imagine?

IOW, if the other bloke does the smart thing to protect his interests you
intend on being an arsehole. Gotcha.

--

A: Top-posters.
Q: What is the most annoying thing on Usenet?

DRS

""El Paisano"" <matthewvenhaus@hotmail.com> wrote in message
news:109nl381u85r098@corp.supernews.com
> "Mike Martin" <hrothgarNOSPAM@REMOVEksu.edu> wrote in message
> news:bhjn90dfbqrkn12d06jufmctifco8u17s0@4ax.com...
>> On Fri, 07 May 2004 16:32:15 GMT, DiabloScott
>> <NOSPAMdiabloscott@terra.es> banged out:
>>
>>> Curt wrote:
>>> Having a lawyer represent you in legal matters is not the same as
>>> being a litigious bastard.
>>
>> You are correct. Suing McDonalds because you spilled coffee in your
>> lap is an example of a litigious bastard.
>
> You place less value on your groin area than I do on mine. The woman
> was justly compensated for her medical expenses, and--because
> McDonalds ignored repeated warnings from several sources--recieved in
> punitive damages the amount of profit McDonalds makes on one day from
> coffee sales alone.

Most such ridiculous verdicts and/or outrageous compensation claims are
overturned on appeal, but the papers aren't interested in telling you that.

--

A: Top-posters.
Q: What is the most annoying thing on Usenet?

\El Paisano\

"Mike Martin" <hrothgarNOSPAM@REMOVEksu.edu> wrote in message
news:bhjn90dfbqrkn12d06jufmctifco8u17s0@4ax.com...
> On Fri, 07 May 2004 16:32:15 GMT, DiabloScott
> <NOSPAMdiabloscott@terra.es> banged out:
>
> >Curt wrote:
> >Having a lawyer represent you in legal matters is not the same as being
> >a litigious bastard.
>
> You are correct. Suing McDonalds because you spilled coffee in your
> lap is an example of a litigious bastard.

You place less value on your groin area than I do on mine. The woman was
justly compensated for her medical expenses, and--because McDonalds ignored
repeated warnings from several sources--recieved in punitive damages the
amount of profit McDonalds makes on one day from coffee sales alone.

Matthew

Curtis L. Russell

On Fri, 7 May 2004 12:33:08 -0600, "\"El Paisano\""
<matthewvenhaus@hotmail.com> wrote:

>The woman was
>justly compensated for her medical expenses, and--because McDonalds ignored
>repeated warnings from several sources--recieved in punitive damages the
>amount of profit McDonalds makes on one day from coffee sales alone.

Two days, but then the amount awarded was reduced by about 80%. So
that's what, coffee profits through noon?

Curtis L. Russell
Odenton, MD (USA)
Just someone on two wheels...

curt

"DRS" <drs@remove.this.ihug.com.au> wrote in message
news:c7gkha$vjq$1@lust.ihug.co.nz...
> "curt" <nospam@verizon.net> wrote in message
> news:M6Pmc.26229$L8.1633@nwrdny02.gnilink.net
> > "DiabloScott" <NOSPAMdiabloscott@terra.es> wrote in message
> > news:jSOmc.12192$KV2.8916@fe05.usenetserver.com...
>
> [...]
>
> >> Having a lawyer represent you in legal matters is not the same as
> >> being a litigious bastard.
> >
> > This was in the context of this subject. Most of the answers I read
> > were IMHO were way over the top and did appear that most all in the
> > US are litigious bastards. I see no legal matter in this situation
> > yet. How does anyone know the person just won't right a check. The
> > last person that hit my car did and opted not to use their insurance.
> > He broadsided my Jaguar, and that was not cheap to fix. I would also
> > not use my insurance on something like this. Now if the person I
> > backed in front of got an attorney right away as was suggested by so
> > many without contacting me, I would be much more difficult and
> > probably figured I was dealing with an ass, so I would make them work
> > for every penny and let the attorney they hired get all their money.
> > I am into being civil, but if someone hires an attorney right off the
> > bat, I would be a tough person to deal with and fight just because I
> > don't care for someone hiring an attorney without at least talking to
> > me first. If the person called me, I would ask them what they wanted
> > and if they wanted a new bike and pay for the medical bills, I would
> > right them a check to satisfy their needs knowing I was in the wrong.
> > Who knows, maybe the person and I would become friends and not
> > enemies. Could you imagine?
>
> IOW, if the other bloke does the smart thing to protect his interests you
> intend on being an arsehole. Gotcha.

Yep, that is how I would handle it. I am not too big on getting some
threatening letter from some attorney. That will just make me get one and
we can all spend lots of money and the only people that get any money are
attorneys. So you end up getting $100 after legal fees instead of $2,000 or
whatever.

Enjoy,
Curt

psycholist

"maxo" <maxo@NOSPAMhome.se> wrote in message
newsan.2004.05.07.18.27.00.754936@NOSPAMhome.se...
> On Thu, 06 May 2004 14:27:03 -0700, Scott Sawyer wrote:
>
> > Yesterday afternoon, I was traveling north on a secondary city street
> > (Merriman Rd in Akron Ohio) that has only a few stop lights along its
> > length. The street is a false flat, and I was going down hill at about
> > 21 - 23 mph. A car failed to yield and pulled out from a driveway in
> > front of me. I hit the front fender of the car, and flew head over
> > heels over the hood, and landed in the opposite lane of traffic.
> > Fortunately, I was able to get up and hobble to the side of the road.
> >
> > My injuries are relatively minor. I was seen in the emergency room to
> > get stitches on my right shin. Otherwise, I have painfully bruised
> > both lower legs, and I have some roadrash on both legs and arms. I
> > never hit my head on either the car or the pavement.
> >
> > My bike, a 2000 Cannondale R600, is trashed. The right leg of the
> > carbon fiber fork is broken in two places, and the right chainstay is
> > completely broken in two. The big chainring now has a 90 degree bend.
> >
> > The driver was cited for failure to yield. I was not feeling well at
> > the time, and I didn't get her name or telephone number, although
> > those things will be on the police report.
> >
> > The bottom line is that I'm ok, but I would at least like to get a new
> > bike out of the deal. Does anyone have advice on how to proceed from
> > here?
> >
> > Best regards,
> > Scott Sawyer
>
> Oh that sucks! Good to hear you got away relatively unscathed!
>
> I'd first check out your state or local laws and see what kind of rights
> bicyclists have, hopefully your laws will be solid enough to give you a
> leg to stand on, then perhaps call around to a few bike shops and see if
> they know any lawyers that specialize in this.
>
> Good luck, I'm sure you've heard about the guy who was training in 'burb
> outside of Chicago, and was crossing a bridge that, unbeknownst to him,
> was under construction. The filler between the support beams had been
> removed (it may have been a wooden bridge with asphalt filler, I forget)
> and he handily locked his front wheel into one of the "slots" and took a
> major tumble. He's living with major disabilities, but the state ruled
> that since bicycles aren't officially recognized as street-legal vehicles,
> they can take no responsibility.
>
> Since you just want your bike replaced, I'm optimistic the insurance
> company would rather pony up a measly grand instead of wasting bucks on
> litigation.
>
> Good thing the other car stopped! I had my entire credit rating ruined by
> medical bills from a hit and run. Oh well, I feel lucky to have my life
> though
>
> Let us know how it goes--and I agree with the other poster who suggested
> getting a bike if you can afford it, and not waiting for compensation--get
> on with your biking, I did. After my big hit and run, I rode home from the
> hospital, sheared off teeth, nose splint, mummy head and all
>

My wife thought I was insane when I started riding the rollers before I was
able ... or allowed ... to walk (I was non-weight-bearing on a broken hip
and ankle for two months). I'm printing your post out so she can read it
and see that I'm not the only lunatic fanatic out there.

Bob C.

curt

"Badger_South" <Badger@South.net> wrote in message
news:a4jn90h63dkeuesg5mcmerlva3js1n8mju@4ax.com...
> On Fri, 07 May 2004 16:49:48 GMT, "curt" <nospam@verizon.net> wrote:
>
> >Now if the person I backed in front of got an attorney
> >right away as was suggested by so many without contacting me, I would be
> >much more difficult and probably figured I was dealing with an ass, so I
> >would make them work for every penny and let the attorney they hired get
all
> >their money. I am into being civil, but if someone hires an attorney
right
> >off the bat, I would be a tough person to deal with and fight just
because I
> >don't care for someone hiring an attorney without at least talking to me
> >first.
>
> Sounds like you're saying you're just prepared to be an even bigger ass,
> b/c if it was your fault, it should not matter how the person proceeds,
> except that he do it legally.
>
> There are all sorts of pitfalls with 'just writing a check', such as late
> appearing injuries, and unseen expenses medically. Also, checks bounce;
> then the guy does a dance and a jig about getting the money saying 'in the
> mail', or 'already sent it'.
>
> Just a thought.
>
> -B

If I get some threatening letter from an attorney, I am going to be an ass
to the parties involved....yes. I don't like that and will not react very
well to it. I feel bad for the cyclist that does that as well. He/she will
just end up spending money on an attorney for nothing and end up with
pennies on the dollar. Kiss the new bike good bye.

Curt

Curtis L. Russell

On Sat, 8 May 2004 04:30:08 +1000, "DRS" <drs@remove.this.ihug.com.au>
wrote:

>Most such ridiculous verdicts and/or outrageous compensation claims are
>overturned on appeal, but the papers aren't interested in telling you that.

I don't think most are overturned. I don't even think that the loser
usually requests that it be overturned. I think that it is accurate
that most high penalty based awards are reduced significantly. Its
easier to ask that the penalty be reconsidered and essentially be
recalculated in most states.

Just based on the monthly newsletters on insurance and liability that
come across my desk. No insurance expert or lawyer...

Curtis L. Russell
Odenton, MD (USA)
Just someone on two wheels...