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07-13-2008, 06:58 PM
| | Junior Member | | Join Date: Jul 2008 Location: Phoenix
Posts: 3
| | | I was rear-ended by a racing motorcycle! Help Plz!
What is the name of your state (only U.S. law) - Arizona. (North Phoenix)
Hi All,
I was hoping one of you can help me with a problem I'm having. Several months ago I was driving in my SUV and had made a right hand turn from a side street onto a major street. I was there for at least 10 seconds when I was struck from behind by a motorcyclist. I called 911 and waited for them to show up. The motorcyclist had fled the scene and ran to a convenience store and was charged with a felony of fleeing the scene and the cops had said and stated in their police report that he was solely at fault. Now the motorcyclist is saying there is a discrepancy between my 911 call and the police report and my insurance agent is concerned.
I want to add that he hit me so hard on the motorcycle that my SUV was totalled by insurance. Also, I looked the guy up on the internet and he has been arrested at least twice for street racing. Also, my insurance agent said that in the motorcyclists statement he admits he was street racing a minute earlier with some friends but then he changed his mind and went down the street I was on and hit me a minute later.
My question is what do I need to do? Do I need a lawyer? If so, what kind do I need to get? Litigation? Accident? I don't know the difference between them. Is there one that will do it with little money down or cheap?
What kind of trouble can I get in if he "wins" whatever that means? He had gone to court and I had to prepare a statement for the court but from what I was told the "hit and run" was thrown out by the prosecution. I forgot to tell you that he has no insiurance and had been driving uninsured at the time of the accident.
I'm worried because I thought he was dead when he hit me and I saw his body tumbling. I stayed in my vehicle until 911 arrived. I know I was in hysterics and tears when I called 911. My insurance agent is getting the 911 call this weekend and will let me know what the supposed differences are but I am worried. I'm also worried cause my insurance said that my medical bills are exhausting the set amount I had set aside and even with my "uninsured motorist claim" I will not have enough. Will I have to sue the drive who hit me to pay for my bills. He had been traveling so fast the impact screwed up my neck and back.
Please help me with some advice if you can. I have no idea what to do. Do I need to elaborate on anything? Is there anything else you need to know.
I really appreciate any help you can give me.
Thank You,
Ellie |
07-13-2008, 09:21 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,568
| | Quote:
Originally Posted by Honey1983  My question is what do I need to do? Do I need a lawyer? If so, what kind do I need to get? Litigation? Accident? I don't know the difference between them. Is there one that will do it with little money down or cheap? | Your post is not clear at all on what you want to do.
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Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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07-13-2008, 09:28 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | If you have collision coverage, then just let your insurance handle it. Whether or not the hit and run charges stick has nothing to do with his liability for the accident. |
07-13-2008, 10:46 PM
| | Junior Member | | Join Date: Jul 2008 Location: Phoenix
Posts: 3
| | --Thank You both who wrote! I really appreciate it! Here are my responses: Quote:
Originally Posted by JETX Your post is not clear at all on what you want to do. | -- That is what I'm asking. I don't know what I need to do. Is there anything I can do or should do? It seemed pretty black and white at the time that everything was in my favor (Which is why I didn't contact lawyers earlier). Now this guy and MY insurance company are doing everything they can to turn it around on me. Am I at a point where I need legal help? It sounds like they are trying to place blame on me when I was basically in the wrong place at the wrong time. Quote:
Originally Posted by ecmst12 If you have collision coverage, then just let your insurance handle it. Whether or not the hit and run charges stick has nothing to do with his liability for the accident. | I do have collision coverage. I have FULL coverage - So, I should be ok either way (right?). I'm just worried that "blame" is being shifted towards me when I had nothing to do with the accident. If he wouldn't have been traveling (at what I believe was around 70mph or more - posted speed is 45) he would have seen me in plenty of time and would have been able to stop. Which is why he was said "at fault" by the police and by the markings on the street. He was clearly driving tooooo fast and recklessly.
- I am also concerned about this 911 call. "Supposedly" I had said things are were different in comparison of what I told the police. (which I don't believe is true). My insurance Company and myself have not heard this call and my insurance company are trying to receive a copy ASAP (we are only going off of what the Mother of the Motorcyclist said). I'm not even sure what was said or if I said anything relating to details of the accident and if I did it was very brief and summarized (which could perhaps sound slightly different?) My main goal was to get the police at the scene. I was so upset that I was hysterically crying the entire 911 call. I believed the other driver was dead at the time. If I did say things that aren't 100% the same will I be in any sort of "trouble". I don't really remember the call and I was so scared, I could have said anything?
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I guess I'm asking - What would a person in my shoes do? I am scared that the tables are turning on me, when in fact I was caught in the storm of a speeding/racing motorcycle driver (Honestly - There was nothing I could have done to prevent what happened that night other than not be there at all). Also, to make matters worse MY insurance company is acting "Shady" and they act like they are not on my side. At points I feel like they are slightly harassing me and pushing me to do things I'm unclear on. I don't feel safe and I feel very scared that I may be looking at harsh charges and taking the blame for things I did not do. Which is why I'm asking - Do I need a lawyer? Is it to late? Am I allowed to have a lawyer, or would that change things? |
07-13-2008, 11:13 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | A lawyer for what? Are you injured? I think you need to relax right now and let the investigation proceed. |
07-14-2008, 12:24 AM
| | Junior Member | | Join Date: Jul 2008 Location: Phoenix
Posts: 3
| | Quote:
Originally Posted by ecmst12 A lawyer for what? Are you injured? I think you need to relax right now and let the investigation proceed. | - Lawyer to help with the "at fault" situation
- Yes, I am injured (My medical $$ is running out only $132 left, and I'm still in pain)
- The "investigation" seems shady, which is why I'm wondering if it's time for a lawyer. I know they are pricey and I am wondering if I'm at that point (the lawyer point). It seems like the entire ordeal is becoming overwhelming and I don't know what to do. I don't know what to answer or to sign when my insurance company starts harassing me for answers that I just don't know. Like I stated above, I'm being hassled by my insurance company and I just don't know what to do or say. I have even written out statements for them so they stop asking for the same information over and over again.
- I really appreciate your help and I'm trying to relax but it is almost like a nightmare that wont go away (4 months of nightmare). Honestly, I feel scared and I just don't know what to do. At this point it feels like everyone is against me and it's just a scary situation to be in. I know this may not mean anything to insurance standards. But does anyone know if help by a psychiatrist would fall into something that is covered? Because I have so much anxiety when I drive and at night I have nightmares on different crashes that could happen that I'm not able to sleep at night. It makes me very scared and weary to drive the daily to and from work knowing the outcome of an accident, even if it isn't your fault. (Plus, I'm tired due to the missed sleep). I'm sure that is something that I would need to take care of myself out of pocket, but I was just curious if anyone knows the protocol on this.
Thank You for your prompt responses!! It has helped me a great deal.  |
07-14-2008, 07:25 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | What exactly do you think is shady about it?
A lawyer can handle your BI claim for you and will take a percentage of your settlement. You won't have to pay him anything up front. At this point, nothing is being denied and I see no reason that it would be so I think you're just over-thinking and worrying.
Last edited by ecmst12; 07-14-2008 at 07:33 AM.
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11-15-2008, 06:25 PM
| | Member | | Join Date: Nov 2008
Posts: 53
| | | I am just curious what lead upto the situation before he hit you.
You observed a clear lane of travel and proceeded safely turning into that lane ? Did you see the motorcyclist? Where you on your cell phone ?
I am confused as to why your so scared, an innocent person would not be posting help for legal advice as they have nothing to worry about because the motorcyclist was COMPLETELY at fault. |
11-15-2008, 06:35 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by ignitespeed I am just curious what lead upto the situation before he hit you.
You observed a clear lane of travel and proceeded safely turning into that lane ? Did you see the motorcyclist? Where you on your cell phone ?
I am confused as to why your so scared, an innocent person would not be posting help for legal advice as they have nothing to worry about because the motorcyclist was COMPLETELY at fault. | Is there ANY chance you can attempt to follow the proper procedures for this forum? 
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11-15-2008, 07:45 PM
| | Member | | Join Date: Nov 2008
Posts: 362
| | | Been there done that. So, someone totalled your SUV and they didn't have any insurance, plus you now have medical bills and the insurance company that you pay extra for collision and uninsured motorist coverage isn't going to cover everything 100%. Sorry it doesn't.
Your insurance company should be suing the other driver, but if the other driver doesn't own anything worth attaching, they will probably just seek a quick judgement and sell the debt to a collection agency for 20 cents on the dollar.
If you want to recoupe your losses, then you should sue the other driver. He is guilty because he rear ended you and didn't have any insurance. Get a judgement, then keep attaching the wages....
Or kiss your deductable and low premiums away.
Good Luck. |
11-15-2008, 08:17 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | This thread is months old and the original poster is long gone. No need to start posting in it. |
11-15-2008, 09:22 PM
| | Member | | Join Date: Nov 2008
Posts: 53
| | Quote:
Originally Posted by Zigner Is there ANY chance you can attempt to follow the proper procedures for this forum? | where would I have been instructed to follow procedure |
11-16-2008, 09:05 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,924
| | Quote:
Originally Posted by ignitespeed where would I have been instructed to follow procedure | Instructions:
Rule FA098343-01(c):
If the thread is old, don't post to it unless you are the original OP and are providing an update or have further questions regarding the same rule. |
11-16-2008, 03:17 PM
| | Member | | Join Date: Nov 2008
Posts: 362
| | | OLD THREAD. Move along please
Sorry, I wouldn't have wasted my time if I knew how old this was.
Last edited by InsaneJane; 11-16-2008 at 03:20 PM.
Reason: OLD THREAD. Move along please
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