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Accident Rant & Attorney Referral ?

975 views 27 replies 19 participants last post by  Morrand 
#1 ·
:rant

4 weeks ago I was trailering the track bike home and I was in a pretty bad accident caused by an uninsured/underinsured party. Sorry in advance for the long ass post!

As I was passing through an intersection on a green light at about 35 mph, a woman in an SUV turned left in front of me and we hit head on. Following the impact I brushed against a new Vette waiting on a green light at the cross street. My car is a total loss. The SUV was not driveable. The Vette will need paint and perhaps a new front bumper. The track bike is going to need straightening, some plastics, some paint, some love and maybe forks to boot.

The driver of the SUV was ticketed for failure to yield. The vehicle was not hers. The owner of that SUV is insured by United Auto Insurance (UAI) and slow would be a compliment relative to how they process claims. How they prepare estimates is even worse. Also, the insured has a $15,000 per occurance limit on property damage just to complicate matters a little more.

UAI did not want to pay for storage or towing fees on my car. They wanted to fix my car which was deemed a total loss by 2 body shops and my insurance company (State Farm). They have mysteriously been unable to get ahold of the vehicle owner to determine if the driver had permission. They have been unable to get ahold of the driver to get her story. A claim will not be settled unless they are able to do so. I'm furious to say the least!

I've done everything I can to expedite the process. I've contacted both insurance companies, met field inspectors for photos & estimates, paid for a copy of the complete police report, and I've been following up daily with UAI.

I'm getting the insurance corporate runaround big time and am starting to look at plan B. I was able to get State Farm to pay on my car. They payed full retail value per the NADA guide plus tax, title & transfer fees, less my deductable. They paid in only 2 days after I got them envolved. They are going to subrogate against the other insurance company and the individual to recover their $$ and perhaps my deductable. I would say that State Farm has stepped up to the plate big time.

The bike was not insured though. It is not registered or street legal. State Farm cannot pay on the bike. I'm at the mercy of UAI and the parties who are liable.

4&6 has the bike and is fixing it fast. Rhiannon has been awesome at hooking me up with detailed estimates and getting me good prices on what I need. They have been outstanding!

I will likely be left holding the bag on the bike though. Even if UAI pays on the bike, it would be at about half of the estimated repairs because of the $15k limits on the UAI policy. Total claims will be in the $30k range.

Anybody feel like refering a really aggressive attorney to help me squeeze some cash out of UAI, the driver, or the vehicle owner? I think I'm going to need one.

:rant
 
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#2 ·
Ugg thats aweful. You can always go after the driver civily. If they both have insurance (the owner and the driver) You may be able to collect from both policies. I know my policy covers me when Im driving other cars as well as other people (with permission) driving my car.

State Farm is awesome though. Everytime I deal with them its A+ service and quick payment of claims.
 
#4 ·
glad you didn't ride your bike. If she cut off a big vehicle pulling a trailer, she must be an idiot.

Need to bring her to court for the bike damages. And if you were racing. You can say, you were going to win first price and she owes you that money too. But i dont the judge will go with that.
 
#5 ·
ls14evar said:
Ugg thats aweful. You can always go after the driver civily. If they both have insurance (the owner and the driver) You may be able to collect from both policies. I know my policy covers me when Im driving other cars as well as other people (with permission) driving my car.

State Farm is awesome though. Everytime I deal with them its A+ service and quick payment of claims.
+1......that whole situation is FUCKED UP! :2guns :auto Go after EACH party and get your $$$$(the race bike was totally tricked out, right? :1pimp ).

Glad SF came through on the cage though.
 
#7 ·
UAI is a POS company for POS drivers. This is how they operate. They hope to wear you down and make the claim go away. Inform them that you are going to file a complaint with the IL department of insurance and that you want to immediately talk to a stupidvisor. Inform the stupidvisor that you will give them 5 business days to fix this before you go to the department. 312-814-2427 or 217-782-6366. Anything over the $15K will need to be settled in court with the owner of the SUV. I recommend limiting your claim to $10k, then you can use small claims court and avoid JD fees.
 
#8 ·
OH, btw...

That sucks bro... :(
 
#9 ·
JOTA said:
If the bike was being trailered then it shouldn't matter if the bike had insurance. It should be covered under your auto policy since it was on the trailer.

I agree. I spoke with my insurance company, and even though I carry insurance on my trailer and comprehensive on my track bike I was informed that while towing with my SUV both my trailer and bike are covered under my auto insurance.

It might be different with State Farm, though.

Damn, Troy, I'm really sorry to hear this. I can't imagine how frustrated you must feel. I'm pissed just reading about this. I hope you do find a good attorney and sue her for every penny you are owed. Keep us updated on the progress, if any.
 
#10 ·
I have had State Farm for years. When I had a claim, State Farm would pay for it all, and then, State Farm would collect from the other driver/drivers insurance company. In addition, you should be paying for underinsured / uninsured motorists coverage, which would cover everything above and beyond what State Farm can recover from the other company. I am surprised that you have had to make more than one phone call. Should just have to talk to the agent, and then you are done :confused
 
#11 ·
recheck with your insurance company and be sure you dont have un-insured/underinsured coverage...this is a perfect example of needing that...

as for trailering, state farm should not be giving you the run around...if your trailer is insured, then all contents inside ARE COVERED when transporting anything...dont let the fuck you over...they should be able to cover it and the bike...start tearing a new asshole to the supervisor if they are going to play that game....

but most importanlt about this....MAKE SURE THEY ARE NOT CHARGING YOU FOR THE ACCIDENT...cause they just might if they are having as bad of issues getting these other assholes to come forward...
 
#12 ·
Thanks for all the great advise guys, and keep it coming. I'm willing to do all of the above to get this resolved.

For those of you that mentioned uninsured/underinsured coverage, I do have it. I do also have a policy for my enclosed trailer, but no policy for the 4x8 open steel trailer that was envolved in the accident. Because of this, there are no provisions in my auto policy to cover the bike and/or trailer (per my agent). I will pursue this one further. Maybe State Farm should be picking the bike tab up in the same manner they have on the car.
 
#14 ·
Threaten the insurance company with going to the state insurance commission in order to speed them up. Then, when you get your money, file a complaint anyway with the state insurance commission so that they will learn a lesson and not do this to the next guy. And good luck with everthing.
Rob
 
#15 ·
ls14evar said:
Ugg thats aweful. You can always go after the driver civily. If they both have insurance (the owner and the driver) You may be able to collect from both policies. I know my policy covers me when Im driving other cars as well as other people (with permission) driving my car.

State Farm is awesome though. Everytime I deal with them its A+ service and quick payment of claims.

+1000 to state farm!!! My agent JJ Gihotti works his ASS OFF for me! no matte rwhat the sittuation! bike truck house life Roth what ever he does it and makes it cheap!
 
#18 ·
UAI is still giving me zero results and they're doing so with attitude. They have still been unable to contact the vehicle owner or the driver (I doubt they ever will).

In the words of the claims department "until we hear from the insured and the driver of the vehicle, we will do nothing further". Complete BS.

Who knows an aggressive attorney that wants some work?
 
#20 ·
CHeYeNNe said:
Yea UNTIL the other driver/owner makes that complaint your screwed.. That sucks to hear. I wish I knew a good lawyer for ya.

So shes taking a total loss on the SUV by not bothering to contact them? That's BS, was the SUV worth anything? I wouldn't bother with a lawyer unless you have proof your bike was worth enough for a lawyer to pursue with no cost to you, only a 3rd of what he wins in court. Oh, and it will take like 4 years. Get a lawyer on the 3rd of winnings agreement, atleast you'll get something eventually.
 
#22 · (Edited)
gasguzzler said:
So shes taking a total loss on the SUV by not bothering to contact them? That's BS, was the SUV worth anything? I wouldn't bother with a lawyer unless you have proof your bike was worth enough for a lawyer to pursue with no cost to you, only a 3rd of what he wins in court. Oh, and it will take like 4 years. Get a lawyer on the 3rd of winnings agreement, atleast you'll get something eventually.
SUV was a 93 Mitsubishi Montero. Per NADA, it's worth less than the track bike. UAI has volunteered the owner's policy was liability only. I'm not entirely surprised that the owner is not taking or returning phone calls but I'm also not conviced UAI is trying all that hard.

Edit: I've never been in small claims court before. If I choose that route, what is envolved, both from a time and preparation perspective.

I've got overwhelming documentation and witnesses to boot, so I'm confident about my chances if I have to play that game.
 
#23 ·
I doubt they are also seeing as they will have to pay out $$$$. They wanna hold onto the cash aslong as possible, but when you owe them they are all over your shit trying to get it. :rolleyes
 
#24 ·
Dude, get a lawyer and let him go through all the trouble. Its obvious they are playing the run around, get all you reciepts togeather and get as big a grand total as possible and let the lawyer keep a 3rd. This is gonna cause you more mental anguish then your imagining, Good Luck.
 
#25 ·
Wait just a minute:
First of all, it doesn't matter that your bike is not insured or is not streel legal -- you weren't riding it, but, rather transporting it in your vehicle. At this point, its no different then you, say, taking a brand new plasma TV home from the store and getting into an accident. As good as State farm has been to you, you can and should fight with them to pay for the bike and the trailor. This is why you have uninsured/underinsured motorist coverage...

As for small claims court -- you're out of luck. The process couldn't be easier, but they are capped at $5,000 TOTAL. This means that the TOTAL value of your loss is at 5k. State farm is has staff attourneys to go after the responsible party -- if you can't deal with their insurance company, pound state farm.

Sorry to hear, man -- total bullshit!
 
#26 ·
Let's assume for a moment that I will win the case with a good attorney. If that attorney accepts the case and is willing to work for 1/3rd of winnings, does the amount paid to the attorney come out of the proceeds I would be collecting or are thier fees added to the proceeds?

Example: Judge deems I should be awarded $4,000.
Do I get $2,666 and the attorney collects $1,333 or
Do I get $4,000 and the defandant pays the $1,333 and/or court costs on top of the $4,000?
 
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