Accident Rant & Attorney Referral ? - Chicagoland Sportbikes
Chicagoland Sportbikes
 
Open Forum This forum is for all off-topic discussion.

 
LinkBack Thread Tools Display Modes
post #1 of 28 (permalink) Old 06-02-2005, 04:13 PM Thread Starter
The Violator
 
Troy's Avatar
 
Join Date: Oct 2003
Location: Lombard
Posts: 4,101
Location: Lombard
Sportbike: A little bit of everything.
Years Riding: Not nearly enough!
How you found us: On a ride in Colorado
           
Accident Rant & Attorney Referral ?



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.

Troy is offline  
Sponsored Links
Advertisement
 
post #2 of 28 (permalink) Old 06-02-2005, 04:38 PM
 
Join Date: Nov 2004
Posts: 573
      
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.
ls14evar is offline  
post #3 of 28 (permalink) Old 06-02-2005, 04:40 PM
bwa
Boom
 
bwa's Avatar
 
Join Date: Apr 2003
Location: Kalispell, MT
Posts: 13,320
Location: Kalispell, MT
Sportbike: None :(
Years Riding: not long enough
How you found us: Crazeinc
           
Damn Troy, tha treally blows... hope someone knows an attorney that can help ya out...
bwa is offline  
post #4 of 28 (permalink) Old 06-02-2005, 04:55 PM
 
Join Date: Aug 2004
Posts: 2,068
       
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.
oldschoolninja is offline  
post #5 of 28 (permalink) Old 06-02-2005, 05:05 PM
 
Join Date: Apr 2002
Posts: 1,877
 
Quote:
Originally Posted by ls14evar
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! Go after EACH party and get your $$$$(the race bike was totally tricked out, right? ).

Glad SF came through on the cage though.
taziscool is offline  
post #6 of 28 (permalink) Old 06-02-2005, 05:16 PM
 
Join Date: Apr 2003
Posts: 230
 
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.
JOTA is offline  
post #7 of 28 (permalink) Old 06-02-2005, 05:21 PM
Old Squid on a Blade
 
Blade Runner's Avatar
 
Join Date: Apr 2002
Location: Carpentersville
Posts: 9,389
Location: Carpentersville
Sportbike: 2000 929
Years Riding: Longer than most of you have been alive. And I'm still slow.
How you found us: The voices in my head told me to come here
           
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.

There is nothing firm, nothing balanced, nothing durable in all the universe. Nothing remains in its original state, each day, each hour, each moment, there is change. Change is the essence of life. Embrace change as you do life. To fight change is to live in the past.
Blade Runner is offline  
post #8 of 28 (permalink) Old 06-02-2005, 05:22 PM
Old Squid on a Blade
 
Blade Runner's Avatar
 
Join Date: Apr 2002
Location: Carpentersville
Posts: 9,389
Location: Carpentersville
Sportbike: 2000 929
Years Riding: Longer than most of you have been alive. And I'm still slow.
How you found us: The voices in my head told me to come here
           
OH, btw...

That sucks bro...

There is nothing firm, nothing balanced, nothing durable in all the universe. Nothing remains in its original state, each day, each hour, each moment, there is change. Change is the essence of life. Embrace change as you do life. To fight change is to live in the past.
Blade Runner is offline  
post #9 of 28 (permalink) Old 06-02-2005, 05:24 PM
Moderator
 
Chills's Avatar
 
Join Date: Aug 2003
Location: Naperville, IL
Posts: 23,640
Location: Naperville, IL
Sportbike: Kawi ZX-10R
Years Riding: Since February 2012
How you found us: NESBA bbs
           
Send a message via Yahoo to Chills
Quote:
Originally Posted by JOTA
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.

Never a bad time to climb... unless the weather is really horrible, and then you climb inside!

I bleed GREEN
Chills is offline  
post #10 of 28 (permalink) Old 06-02-2005, 05:38 PM
 
Join Date: Apr 2002
Posts: 5,923
           
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
Brian is offline  
post #11 of 28 (permalink) Old 06-02-2005, 06:35 PM
Thee original azzhole!
 
Thunderstruck's Avatar
 
Join Date: Nov 2004
Location: bartlett
Posts: 6,912
Location: bartlett
Sportbike: 97 900rr-rip 09/09, 69 chevelle SS, & ???
Years Riding: it doesnt matter
How you found us: i see all
           
Send a message via AIM to Thunderstruck
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...

...plus my gf was with me saying "omg slow down, slow down" and I was thinking "Lose annoying squalk box in passenger seat, afford more mods and have less weight in the car and on the back of the bike"...so i dumped her and I'm single again as usual...HERE KITTY KITTY!!!
Quote:
Originally Posted by Arch View Post
pussy is the root of all evil...
Quote:
Originally Posted by Hunny View Post
mmmm pussy
You dont like me....i dont give a fuck...cause i'll still put ya in the hospital...me tollerating you is all that matters...
Thunderstruck is offline  
post #12 of 28 (permalink) Old 06-02-2005, 06:54 PM Thread Starter
The Violator
 
Troy's Avatar
 
Join Date: Oct 2003
Location: Lombard
Posts: 4,101
Location: Lombard
Sportbike: A little bit of everything.
Years Riding: Not nearly enough!
How you found us: On a ride in Colorado
           
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.
Troy is offline  
post #13 of 28 (permalink) Old 06-02-2005, 07:43 PM
VTwin FTW!
 
ChicagoFactory's Avatar
 
Join Date: Nov 2002
Location: Elk Grove Village
Posts: 5,564
Location: Elk Grove Village
Sportbike: 2013 Ducati Diavel Cromo
Years Riding: 20
How you found us: Friend
           
Take care of it the Italian way. Call Anthony or Vito, and have them take of it for you

Fugetabouit!

Mike

"Life is all about ass ... either you are covering it, kicking it, kissing it, sitting on it or trying to get it."
ChicagoFactory is offline  
post #14 of 28 (permalink) Old 06-02-2005, 08:18 PM
 
Join Date: Aug 2003
Posts: 569
           
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
drbub22 is offline  
post #15 of 28 (permalink) Old 06-02-2005, 09:42 PM
 
Join Date: Oct 2004
Posts: 607
           
Quote:
Originally Posted by ls14evar
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!
captaincapsize is offline  
post #16 of 28 (permalink) Old 06-03-2005, 03:30 AM
M109R
 
jibaro69's Avatar
 
Join Date: May 2002
Location: Melrose Park
Posts: 562
Location: Melrose Park
Sportbike: 07 Suzuki Boulevard M109R
Years Riding: 6
How you found us: ??
  
If you have all the info on the person that hit you find out if they own their own home and put a lean on it. If they sell it they have to give you the money owed to you before they can sell their property.

How do you turn this thing on?
jibaro69 is offline  
post #17 of 28 (permalink) Old 06-03-2005, 08:43 AM
vroom vroom
 
Join Date: Feb 2004
Location: Peoria, IL
Posts: 2,246
Location: Peoria, IL
Sportbike: '05 Z750S
Years Riding: 10 yrs
How you found us: Katanaplanet
           
Man, that sucks. I hope you are able to get some resolution on the bike.

-Mike
pitbull76 is offline  
post #18 of 28 (permalink) Old 06-06-2005, 02:39 PM Thread Starter
The Violator
 
Troy's Avatar
 
Join Date: Oct 2003
Location: Lombard
Posts: 4,101
Location: Lombard
Sportbike: A little bit of everything.
Years Riding: Not nearly enough!
How you found us: On a ride in Colorado
           
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?
Troy is offline  
post #19 of 28 (permalink) Old 06-06-2005, 02:46 PM
Enjoying Life!!
 
CHeYeNNe's Avatar
 
Join Date: Jan 2004
Location: Cruising Around Enjoying Life!!
Posts: 17,773
Location: Cruising Around Enjoying Life!!
Sportbike: 09 Night Rod Black Denim
Years Riding: Not Long Enuff!!!!
How you found us: Friends
           
Yea UNTIL the other driver/owner makes that complaint your screwed.. That sucks to hear. I wish I knew a good lawyer for ya.


I'm sick of following my dreams. I'm just going to ask them where they're goin', and hook up with them later!!
CHeYeNNe is offline  
post #20 of 28 (permalink) Old 06-06-2005, 03:01 PM
Bring it on!!!!
 
gasguzzler's Avatar
 
Join Date: Sep 2002
Location: Chicago
Posts: 1,672
Location: Chicago
Sportbike: Honda F6B
Years Riding: Since 98
How you found us: Friend, Motobeagle-RIP
           
Quote:
Originally Posted by CHeYeNNe
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.
gasguzzler is offline  
post #21 of 28 (permalink) Old 06-06-2005, 03:04 PM
Enjoying Life!!
 
CHeYeNNe's Avatar
 
Join Date: Jan 2004
Location: Cruising Around Enjoying Life!!
Posts: 17,773
Location: Cruising Around Enjoying Life!!
Sportbike: 09 Night Rod Black Denim
Years Riding: Not Long Enuff!!!!
How you found us: Friends
           
Actually I had a guy my ex got into an accident with take 3 weeks to make a report to his insurance co.


I'm sick of following my dreams. I'm just going to ask them where they're goin', and hook up with them later!!
CHeYeNNe is offline  
post #22 of 28 (permalink) Old 06-06-2005, 03:25 PM Thread Starter
The Violator
 
Troy's Avatar
 
Join Date: Oct 2003
Location: Lombard
Posts: 4,101
Location: Lombard
Sportbike: A little bit of everything.
Years Riding: Not nearly enough!
How you found us: On a ride in Colorado
           
Quote:
Originally Posted by gasguzzler
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.

Last edited by Troy; 06-06-2005 at 03:28 PM.
Troy is offline  
post #23 of 28 (permalink) Old 06-06-2005, 03:35 PM
Enjoying Life!!
 
CHeYeNNe's Avatar
 
Join Date: Jan 2004
Location: Cruising Around Enjoying Life!!
Posts: 17,773
Location: Cruising Around Enjoying Life!!
Sportbike: 09 Night Rod Black Denim
Years Riding: Not Long Enuff!!!!
How you found us: Friends
           
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.


I'm sick of following my dreams. I'm just going to ask them where they're goin', and hook up with them later!!
CHeYeNNe is offline  
post #24 of 28 (permalink) Old 06-06-2005, 04:03 PM
Bring it on!!!!
 
gasguzzler's Avatar
 
Join Date: Sep 2002
Location: Chicago
Posts: 1,672
Location: Chicago
Sportbike: Honda F6B
Years Riding: Since 98
How you found us: Friend, Motobeagle-RIP
           
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.
gasguzzler is offline  
post #25 of 28 (permalink) Old 06-06-2005, 04:09 PM
Where's the ANY key?
 
PeaceDuke's Avatar
 
Join Date: Apr 2004
Location: Deerfield
Posts: 231
Location: Deerfield
Sportbike: 2003 R6 (Bone stock street bitch) / 2002 Honda F4i (wounded track bitch)
Years Riding: 8
How you found us: CRR
  
Send a message via MSN to PeaceDuke Send a message via Yahoo to PeaceDuke
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!

Dealer: 19.
Homer: Hit me!
Dealer: 20.
Homer: Hit me!
Dealer: 21.
Homer: Hit me!
Dealer: 22.
Homer: D'oh!
PeaceDuke is offline  
post #26 of 28 (permalink) Old 06-06-2005, 04:49 PM Thread Starter
The Violator
 
Troy's Avatar
 
Join Date: Oct 2003
Location: Lombard
Posts: 4,101
Location: Lombard
Sportbike: A little bit of everything.
Years Riding: Not nearly enough!
How you found us: On a ride in Colorado
           
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?
Troy is offline  
post #27 of 28 (permalink) Old 06-06-2005, 09:35 PM
Wild slide rule roots
 
Morrand's Avatar
 
Join Date: Jun 2004
Location: Chicago (W. Humboldt Pk.), IL
Posts: 1,735
Location: Chicago (W. Humboldt Pk.), IL
Sportbike: 2002 Suzuki TL1000R, yel/blk (Street) & '04 GSXR750 (Track)
Years Riding: 8
How you found us: Got the link through NESBA
           
Quote:
Originally Posted by XXSIVSPD
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?
You get 2/3 of the award and the attorney gets 1/3.

I talked to a friend of mine, who's going to talk to a colleague of his who has more experience with car crash cases. My friend suggested that going after the other driver and the owner of the SUV directly would be the best course of action.

He also suggested that you should get together anything you've got to prove that the bike was worth what you're paying to get it fixed: bill of sale, parts receipts, job orders, and so on.

As for going back to State Farm for another UI Motorist claim: check your policy first, and make sure that damage to cargo is included and that vehicles aren't excluded.

Morrand
NESBA #561 (I)
Jabber/Google Talk: [email protected]
Morrand is offline  
post #28 of 28 (permalink) Old 06-18-2005, 10:41 PM
Wild slide rule roots
 
Morrand's Avatar
 
Join Date: Jun 2004
Location: Chicago (W. Humboldt Pk.), IL
Posts: 1,735
Location: Chicago (W. Humboldt Pk.), IL
Sportbike: 2002 Suzuki TL1000R, yel/blk (Street) & '04 GSXR750 (Track)
Years Riding: 8
How you found us: Got the link through NESBA
           
Well, I got an answer back, and it's not good.

Basically, it doesn't look like there's much chance of collecting damages in this case. It's not a matter of evidence, so much as it's a matter of getting the money out of the people. It doesn't do much good to win a lawsuit if the other side isn't going to pay up, and with the insurance company dragging its feet so badly, there's a really good chance that nothing will come of it.

The upshot of that is that you're not likely to find anyone who will work the case on commission. Instead, they're going to want hourly rates for the case, which could run $2500-5000. (I didn't ask, but I guess you could add attorney's fees onto the claim if you go ahead with a case. Just don't expect your lawyer to wait until you collect before sending you the bill.)

If you still want to go ahead, my friend suggests calling the Chicago Bar Association's referral line on (312) 554-2001 for guidance.

Morrand
NESBA #561 (I)
Jabber/Google Talk: [email protected]
Morrand is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Chicagoland Sportbikes forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome