Posted: 5/7/2007 9:05:30 PM EDT
Well I was out in town running a couple errands on my street LEGAL 2007 4x4 Suzuki Vinson and this dumb ass lady changed lanes right into me! I was going between 25-28 MPH in the left lane and she was in the right. I had no time to do anything except hit her. She is totally at fault and when the police arrived she told them I was in her LANE!!?? What a freaking liar! At least there are good people in this world and this one witness saw the whole thing happen and he gave me his information and contact number which I gave the officers. The officer comes back to me and told me my story was dead on and hers was not according to the witness. The witness said that he saw her driving erratically and she cut him off right before hitting me  I just got back from the hospital and I am doing OK. The right side of my body smashed the side of her car. My right leg has massive muscle contusion/bruising on the inside of my thigh. Got multiple abrasions on my leg and arm. My pelvis suffered major bruising. My lower back near my hip is killing me and my neck is sore. I am sitting here with my leg elevated with ice packs on my leg, per the Dr.  To top it off tomorrow is my first "real day" at my new company after 2 weeks of training. There is no way I can work tomorrow, which really blows. Instead I need to taking care of phone calls to both insurance company's, my Suzuki dealer for an appointment and the doctors for a follow-up. Do you think I should contact attorney? Never have had to deal with this before. Other than that I had a good day at the range. Weather was perfect and I was shooting my AR between 100-400 meters getting used to the EOtech. Also breaking in a first time AR owner, first time shooting an AR. That put a big smile on my face  Nothing like showing a newb the ropes!  Oh and hopefully this makes some sense because I am under the influence of some strong meds not counting the Morphine IM injection  |
Thanks. She did come out of the blue into my "bubble". I always leave plenty of room between myself and other vehicles while riding. BTW this was a 2 lane one-way street. |
I am in no to mood to take any pictures on my quad, but ATV's can be made street legal in the state of Montana. And quite a few folks ride them around. They need a mirror and a horn and meet other requirements that most quads already have, for example a tail light and bake light. Here is the link to Montana DMV: DMV Checklist |
Contact your insurance carrier. Let them make the first move. I'd think the attorney would only be required if things start going south. |
Do you have a copy of the accident report? Was she found at fault? Was she cited? Lastly, do you have her Insurance information? Once you answer those questions, the question of whether or not to get an attorney depends on what you feel you are "entitled" to as compensation. My guess is that her insurance will cover your doctors/hospital bills and also repairs/replacement of your atv. If you are seeing dollar signs and think you deserve an early retirement, get a lawyer, roll the dice, play the system, and see what you win. That might sound a little crass, but I am not a big fan of personal injury attorneys and/or lawsuits. |
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Her insurance should take care of my medical bills right? I did not go through my medical insurance. The hospital is going to send me the bill and I guess that will go to her insurance. If things go south, which may because she was already being dishonest to the police and will probably give a line of BS to her insurance company. I just want to make sure I am taken care of. |
I have a copy of what my city police give. The police do not say who is at fault, they just give a copy of both our info to each other. That's why I am concerned because of her dishonesty on the scene. Well I am not big on the personal injury attorneys, but I feel I should have my quad taken care of, my medical bills as well as my lose on employment for the days I am out. I just want everything to be fair. Like I said never have had to deal with this. |
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Well, it should be obvious from the report who was at fault. She should have been cited for improper lane change or it should at least be noted on something. It would make your life a whole lot easier. I have been involved in one accident. A girl pulled out of a McDonalds and broad-sided me. She was too busy pulling fries from the bag to look up I guess.  There were no injuries, so I didn't have to worry about medical bills. My car was still driveable, although the passenger door was pushed in about 2 feet. As I recall, the police report for my accident was very brief as well and didn't come right out and say she was at fault. It just described the accident. Pa law, I was living in Hershey at the time, only states that a person "must report an accident to their insurance provider in a reasonable amount of time" or something to that effect. Let's just say her idea of reasonable and mine were nowhere the same. I had contacted my insurance company within a couple of hours. She took a couple of weeks. I was close to consulting an attorney, but I finally got the car fixed and her insurace paid the bill. It wasn't a smooth process by any means however. In your case, I guess I would just take it day by day and see how it plays out. If you find that you are not getting the resolution you require, then I would contact a lawyer. |
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Well, it should be obvious from the report who was at fault. She should have been cited for improper lane change or it should at least be noted on something. It would make your life a whole lot easier. The form does not state which driver was at fault. Only had our names (info), make & model, and our insurance information. Strange if you ask me. I even asked the officer if it was her fault and he replied that is up to out insurance company's to figure out and thats what get get paid to do That is why I am concerned. |
+1 From my experience with motorcycle accidents the insurance company will usually settle the property damage pretty fast according to the value of your ATV. I'm not sure where they would get the value amount (are they in the KBB?). Property damage and injury claims are separate deals. Whether you're responsible for getting damage estimates or they send out an adjuster is usually up to the insurance company paying the claim. Injury claims is where the lawyers usually come into play. You want to be compensated for your hospital bills plus any lost wages you may incur. Be careful here as the insurance company will want to "pay it in full" and have you release them from future claims. If something comes up later you may be screwed. |
What is the KBB? The quad is brand new with 35 hours/300 miles on it. I am still making payments on it. Is this going to affect my insurance in a negative way? So it sounds like I need to call my insurance company, her insurance company and locate a good attorney? Should I contact an attorney first? I will makes the call first thing in the morning. BTW my pain is getting worse. Leg is hurting the worst followed by my right side lower back. |
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Kelley Blue Book: www.kbb.com/ Scroll to the bottom and click motorcycles... This street legal 4 wheeler thing is pretty interesting, I may just skip moving to ND entirely and keep going. MMMM Raptor 700 on Hoosiers going down Highway 2... |
Ok that's what I thought. Kinda buzzed/dopey on the meds right now. |
. Thanks 
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Keep on your insurance company, I have one accident on my record which was not my fault according to the police, but my insurance company settled with the stupid old lady's, so apparently on the insurance company intarweb, I have an at-fault accident. Make sure you do not get screwed over by your own insurance company. |
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They recently made all Quads in AZ that might end up on a state owned road subject to the same requirements as any street vehicle, plates, all lighting, mirrors, insurance, etc. So if you get caught on some deep desert fire road without all that stuff you are screwed. The result is that most people are making their quads street legal and driving them on the streets. Hell if you have to make it street legal, might as well drive it on the street. Not that the streets are now flooded with quads, but I see them sometimes being used for short errands and things like that. |
That's exactly what I was doing today. Filled up the quad and got a gallon of gas for the lawnmower. Usually in my off time I ride it for small errands and to save on gas. I wouldn't say my area is flooded with quads, motorcycles yes. |
We'd be glad to have you. Have to offset the libtards infesting Missoula and the damn yuppies in Whitefish.  Seeing a bunch of guys meeting up in a parking lot with pickups, 4x4 and ATV's checking out each others rifles before going hunting just makes me . I always imagine how someone from SFO, Chicago, D.C. or other socialist cesspool would react driving by and seeing that.
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Yep: a couple of years back I stopped at a light that had just changed to red and the hispanic "gentleman" behind me didn't realize and went into the back of me at about 20mph. Miraculously he had insurance and although he didn't speak English I was able to get his insurance details. I also called the police to make a report but they weren't interested as no-one was hurt. As soon as I got home I called his insurance company and informed them that I wanted to make a claim against the insurance of one of their customers, they said they would contact the customer to get his side of the story and sent out a claim adjustor to look at the damage the next day, I followed up with them every few days and after about 2 weeks they said their customer didn't return their calls so they were going to pay for the damage and cancel his policy. I got a check less than a week later. Through all of this I never contacted my insurer (State Farm) and it hasn't affected my insurance rates. My advice to you is similar to what others have said: document everything, the medical expenses, the pain, doctors visits, etc, call your insurance today to see what they have done and if they aren't doing much then contact the other insurance company directly. As far as lawyers are concerned I hate ambulance chasers but in this case your injuries sound severe enough that there may be longer term problems and you should talk to a lawyer to make sure you aren't out of pocket over this in the future. |
Yup. It gets way worse. Think of the muscle pain after the hardest workout/physical labor job you've ever done, then multiply it. Might not hurt to get an lawyer. I had to sue the girl that hit me (she failed to yeild turning left, I t-boned her, so technically, I "hit" her, but it was her fault.) Over 6K in damages to the car, plus medical bills, PLUS a rental car for over a month since her insurance was dragging their feet, saying that she wasn't responsible for it, even though she got ticketed at the scene, and the police report I sent them said it was her freaking fault. I hate insurance companies. Also, in your case, the bitch lied trying to get out of trouble. I wouldn't have a problem suing someone that did that to me. ETA:
Yes, I had State Farm though this. They told me that if their insurance wouldn't pay, that State Farm would take care of it, then they would have their lawyers go after the insurance company. They were great to work with, and my rates didn't go up at all and I still have a good driver discount. |
Thats good advice. Also, don't speak with the beotch directly, make your insurance deal with her insurance, that's what you pay them for. Wouldn't hurt to have a lawyer on standby either, with that in mind, go back to your doctor and have him take pictures of your injuries and add them to your medical records. You will need these if it comes to personal injury claims in court. Trust me on this. |
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Thanks for the advice guys. I do have a couple of lawyers on stand by. They all said there is not much that can be done until I speak with her insurance company adjuster. I am pretty drugged up on pain meds so I may re-schedule the phone call at a later date. I just want to make sure I give ALL the details and not leave anything out. I do not have a primary doctor so later today I am going to make some calls and try and setup an appointment as soon as I can for a check up. I am in pretty bad pain still, even with the drugs. My girlfriend did arrive on scene yesterday and took a lot of photos of my quad, the ladies car, and the road it happened on. Also she took photos of my injuries today which are looking pretty bad. |
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I would go ahead and write down everything that you remember. Weather, traffic conditions, etc. Keep track of the times you goto the doctor, the prescriptions you fill and take, and all the receipts. The more information you have to prove your side the better. She sounds like she will always claim you caused it. I would do the lawyer just to cover yourself. Also might help get more from the ins co for the quad. |
Yup, only way you will ever be fully compensated is to at the very least speak with a lawyer. Was she ticketed? If not, why not? While the report might not say who is at fault, a ticket for illegal lane change/failure to yield certainly help. If you have actual injuries and it sound as if you do there is nothing wrong with consulting with a lawyer. At the least he will advise you of what rights and compensations you are entitled to. Might be money well spent as you'll never get full value for your Quad if the insurance company has their way. |
Hey now, I'm from Chicago, so I resent that remark!  MontuckyMan, hope you get better soon. |
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"Yeah, this guy on one of those ATV's careened into my lane without warning, and that's the last thing I can remember. I'm having nightmares, I can't do my job anymore, and my car will never be right again. The worst part is, not only can I no longer have sex with my spouse, but also my future chances of winning a Nobel prize have been dashed." "Oh yeah, my neck hurts." |
That will buff right out.  Take it easy, do the good drugs and don't sweat the petty stuff right now. There will be plenty of time to do that shit later. |
Thanks Hoppy Yeah not too worried right now. They gave me Tylox, it is oxycodon with tylenol. Pretty good stuff. Knocks me out pretty good. Yesterday I slept from 2pm till 8:30 and didn't wake up once. 
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