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  1. #1
    Big Red
    Reputation: p8ntsean55's Avatar
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    I was Hit by a truck!

    OK so like the title says...i was riding my road bike and was hit by a truck. The guy was uninsured and the police report said he was at fault. Ok so here is my problem (and this is just what people have been telling me) my insurance company will handel the uninsured motorist claim (meaning that they will give me compensation for all health problems i have incured) this is great! So now the problem is the bike and my gear which was totaled is not covered by my insurance and they (insurance company) said that i have to take the guy to small claims court and sue him. So my friend has a lawery (sp) and i was going to call him but i was then told that in small claims court your not aloud to be represented...

    So i was wondering if anyone has some advice. (i am 21 and have never been sued or sued anyone or know anything about this so any help would be appreciated very much)

    thanks for the help

  2. #2
    Action Sports Trader
    Reputation: samanderson4's Avatar
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    Insurance is BS

    Hey,

    I think the insurance company is Bull Shatin you. If you have uninsured motorist insurance, the company has to pay for ALL DAMAGES incured as a result of the accident. They are willing to take your money but always have a tough time parting with it when they have to pay up. This is just another BS manuver by them to get you to pay more than your share.

    Sam
    Quote Originally Posted by p8ntsean55
    OK so like the title says...i was riding my road bike and was hit by a truck. The guy was uninsured and the police report said he was at fault. Ok so here is my problem (and this is just what people have been telling me) my insurance company will handel the uninsured motorist claim (meaning that they will give me compensation for all health problems i have incured) this is great! So now the problem is the bike and my gear which was totaled is not covered by my insurance and they (insurance company) said that i have to take the guy to small claims court and sue him. So my friend has a lawery (sp) and i was going to call him but i was then told that in small claims court your not aloud to be represented...

    So i was wondering if anyone has some advice. (i am 21 and have never been sued or sued anyone or know anything about this so any help would be appreciated very much)

    thanks for the help

  3. #3
    wawe member
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    No personal advice to give, but this guy may answer your questions,
    linky

  4. #4
    Big Red
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    Quote Originally Posted by Black Bart
    No personal advice to give, but this guy may answer your questions,
    linky
    thank you i will most def call him

  5. #5
    Big Red
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    Quote Originally Posted by samanderson4
    Hey,

    I think the insurance company is Bull Shatin you. If you have uninsured motorist insurance, the company has to pay for ALL DAMAGES incured as a result of the accident. They are willing to take your money but always have a tough time parting with it when they have to pay up. This is just another BS manuver by them to get you to pay more than your share.

    Sam
    I thought so too but they are standing strong behind that...they say it is because i was not in a car therefore they dont even have to help me

  6. #6
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    hit by a trcuk, i canhelp

    I can help you with your small claims action. I have over 15 years experience dealing with the small claims court

    give me an email with your info and I will contact you directly,
    BRIANR310@yahoo.com






    Quote Originally Posted by p8ntsean55
    OK so like the title says...i was riding my road bike and was hit by a truck. The guy was uninsured and the police report said he was at fault. Ok so here is my problem (and this is just what people have been telling me) my insurance company will handel the uninsured motorist claim (meaning that they will give me compensation for all health problems i have incured) this is great! So now the problem is the bike and my gear which was totaled is not covered by my insurance and they (insurance company) said that i have to take the guy to small claims court and sue him. So my friend has a lawery (sp) and i was going to call him but i was then told that in small claims court your not aloud to be represented...

    So i was wondering if anyone has some advice. (i am 21 and have never been sued or sued anyone or know anything about this so any help would be appreciated very much)

    thanks for the help

  7. #7
    mtbr member
    Reputation: Big_Guy's Avatar
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    I think your advises would benefit the whole community. I was wondering how I should protect myself in such a situation

    Thanks

  8. #8
    34N 118W
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    Gary Brustin

    great guy! We had him speak to our cycling group last week for about 2 hrs. worth of facts and crazy cases he's taken to trial. He's an avid roadie and only takes on cycling cases. Seems like a good one to have on our side. Hope he can help.


    Quote Originally Posted by Black Bart
    No personal advice to give, but this guy may answer your questions,
    linky

  9. #9
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    I'll be listening too!

    Quote Originally Posted by Big_Guy
    I think your advises would benefit the whole community. I was wondering how I should protect myself in such a situation

    Thanks

  10. #10
    34N 118W
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    scary point

    Quote Originally Posted by BlueBike
    I'll be listening too!
    One of Gary's statements was that if your case does go to trial, now you have 12 people on a jury (fellow motorists) who mostly likely believe that you shouldn't have been on a bike in the first place. Strike one...

  11. #11
    120 pounds of xc sex!
    Reputation: carbnjunkie's Avatar
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    yup

    Good luck man. Hope everything works out. Keep us updated on what happens. Is it worth it to go to trial with some who is uninsured? They probably wont even show up. (or have any money for that matter?)

    Still, fight for your rights!
    Team X-poser is back for 2006-

    WTB; 1.25 inch tow rack in SoCal

    >Ankur<

  12. #12
    a.k.a. MTBMaven
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    Quote Originally Posted by Hollywood
    now you have 12 people on a jury (fellow motorists)
    I don't think small claims court is in front of a jury, just a judge.

  13. #13
    mtbr member
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    Quote Originally Posted by mtnfiend
    I don't think small claims court is in front of a jury, just a judge.
    Yeah, you aren't taking him to court on criminal charges. The small claims court will be decided on by the judge (disclaimer: I'm not a lawyer... but I'm almost certain).

    You have the police report that says he is at fault right? So I don't know that there will be much of a discussion.

    Your problem is really that you can't get blood from a stone. If this dude doesn't have insurance how's he going to afford your bike. I'm not saying that it isn't worth a try, but I would work the insurance company side of it too. Sounds like your uninsured motorist coverage should be covering this...

    I imagine that most renter's and home owner's insurance cover this kind of loss in property. Do you have renter's or home owner's? You are 21, do you still live at your parent's house? If so, their's may cover you. I had some property stolen when I was living at home and my folk's home owners came through with nearly 3k. My stuff wasn't even stolen from the house and I told them that.

  14. #14
    Big Red
    Reputation: p8ntsean55's Avatar
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    Thanks for all the help guys! robsetsfire: that is a dang good idea, i will ask my home owners insurace to look into it (i do still live the parents and i think it is the same company that insures the cars (AAA) but i will ask non the less)

    And that is really what i am afraid of (me spending all the money to take him to court and winning yet still never getting paid.

    just an FYI: this sucks and try not to get hit :/

  15. #15
    mtbr member
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    Getting hit does suck. I t-boned a 4runner that turned left in front of me. Later, the owner of the car (not the same person as the driver) suggested I was responsible for fixing the dent in her fender! After it was pointed out I had made the dent with my head (helmeted, thankfully), she pretty much shut up. My only regret was not being better informed, I should have gotten more money than I did.
    I'm not trying to hijack the thread or anything, but it's insane how many road riders don't wear helmets.

  16. #16
    Glad to Be Alive
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    uuummmm...question 4 p8ntsean55 did the cops show up??? and if they did....did they tow the guys car away for no insurance??
    the trick is ENJOYING YOUR LIFE EACH DAY, don't waste them away wishing for better days

  17. #17
    Whig party member
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    No good Sueing Is For Losers

    I think that is a pretty dumb thimg to sue for...If your riding your bike(anywhere) your most likey going to be hit by a car. Some people just think that citizens don't ride bikes or walk anymore...they look at you like,"PEOPLE STILL RIDE BIKES?". I've goin' hit by stupid drivers(mostly rich asians, no offense). Get use to getting hit by cars...

  18. #18
    34N 118W
    Reputation: Hollywood's Avatar
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    great advice

    Quote Originally Posted by FreeRiderFraser
    Get use to getting hit by cars...
    I'll try and remember that during my next coma...

  19. #19
    Glad to Be Alive
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    Quote Originally Posted by FreeRiderFraser
    I think that is a pretty dumb thimg to sue for...If your riding your bike(anywhere) your most likey going to be hit by a car. Some people just think that citizens don't ride bikes or walk anymore...they look at you like,"PEOPLE STILL RIDE BIKES?". I've goin' hit by stupid drivers(mostly rich asians, no offense). Get use to getting hit by cars...


    ummm racist and dumb
    the trick is ENJOYING YOUR LIFE EACH DAY, don't waste them away wishing for better days

  20. #20
    mtbr member
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    Quote Originally Posted by FreeRiderFraser
    I think that is a pretty dumb thimg to sue for...If your riding your bike(anywhere) your most likey going to be hit by a car. Some people just think that citizens don't ride bikes or walk anymore...they look at you like,"PEOPLE STILL RIDE BIKES?". I've goin' hit by stupid drivers(mostly rich asians, no offense). Get use to getting hit by cars...
    I guess you should clarify your statement. We probably didn't get the intelligence of your message. At first glance, it sounds like you are suggesting that you are a member of an oppressed minority (poor caucasians riding their bikes). And that "the others" are conspiring to get your people off the road. But I am sure it's not what you meant, that would have been stupid and racist and it surely would not have brought any value to this thread.

  21. #21
    Big Red
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    Quote Originally Posted by FreeRiderFraser
    I think that is a pretty dumb thimg to sue for...If your riding your bike(anywhere) your most likey going to be hit by a car. Some people just think that citizens don't ride bikes or walk anymore...they look at you like,"PEOPLE STILL RIDE BIKES?". I've goin' hit by stupid drivers(mostly rich asians, no offense). Get use to getting hit by cars...
    Umm....okay, yeah its a really dumb thing to sue for!

  22. #22
    Whig party member
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    yesssssssss...

    I am racist...and poor and white...and I don't know how to spell, but whatever.

  23. #23
    "Ride Lots" - Eddie Mercx
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    that's just about the

    Quote Originally Posted by FreeRiderFraser
    I think that is a pretty dumb thimg to sue for...If your riding your bike(anywhere) your most likey going to be hit by a car. Some people just think that citizens don't ride bikes or walk anymore...they look at you like,"PEOPLE STILL RIDE BIKES?". I've goin' hit by stupid drivers(mostly rich asians, no offense). Get use to getting hit by cars...
    dumbest thing I've heard/read in a while.

    frivalous lawsuits are for losers. if there is just cause, then that's what the system is for. stating that somebody who rides on the road is bound to get hit so they should just suck it up and expect it is pretty freaking stupid.

    if you got hit in your car by an uninsured motorist would you jsut say "well, shiat happens. guess I shouldn't have been driving?" No way.

    YR

  24. #24
    Big Red
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    Quote Originally Posted by Yeti_Rider
    dumbest thing I've heard/read in a while.

    frivalous lawsuits are for losers. if there is just cause, then that's what the system is for. stating that somebody who rides on the road is bound to get hit so they should just suck it up and expect it is pretty freaking stupid.

    if you got hit in your car by an uninsured motorist would you jsut say "well, shiat happens. guess I shouldn't have been driving?" No way.

    YR
    AMEN!

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