loki_racer
Member
What is the name of your state? Alabama
This is a very long post because I want to include all the information so that I can get the best advice possible.
In April is was riding my motorcycle on a two lane road with a speed limit of 50mph. I was following a Ford Explorer that I noticed had no tail lights(no brake lights or turn signals). As soon as I noticed the SUV's lights weren't working, I distanced myself from her vehicle so if she had to slow down quickly, I would also have enough time to brake.
As we started nearing the entrance to a new subdivision, the Explorer started to slow down and pull of the right side of the road. I to started slowing down because I had not clue what the lady was doing. I could see that she was talking on her cellphone and when she came to a complete stop with all four wheels off the road, I figured she was stopping to make a call. The entrance to the subdivision was on the left, she was on the right.
I started to accelerate back to the speed limit and moved to the middle of the road incase she opened her door, she wouldn't catch me with it.
When I was about 15 feet from passing her, she pulled across both lanes in what I thought looked like the start of a three-point turn. I had to decided to try and go to the left of her and into the opposing lane or go behind her since there was no way for me to stop before hitting her(I was trying to stop, locked both brakes and down shifted). I decided to stay in my lane, and try to go around behind her.
Lets just say I hit her. It totalled my bike, and put me in the hospital for a couple weeks. I won't talk about injuries because they don't really matter in the legal aspects of this issue.
The police were summoned to the scene. They arrived before the EMT's and he tried to get my statement and I was laying in the middle of the road with broken bones and a collapsed lung. The only thing I said to him was "She had no brake lights or turn signals, she was on the cellphone, and please call my fiance." He never checked her lights, and took her statement saying that I was speeding and passing on the wrong side.
After my surgeries, I contacted Progressive(my insurance company) to file a claim. They sent a guy out that day and he took down my statement and went and looked at the bike. I never heard back from him. A week later I decided to get a lawyer.
We now have this information:
1. Police statement that was completely incorrect in the drawing and statements(they never came and got a statement from me).
2. The only witness at the scene has written a statement saying that she pulled across my lane, then tried to leave the scene.
3. Lady that hit me lied to the police saying she had insurance, when infact she did not and hasn't for the past two years.
Another note, I had uninsured motorist coverage.
My lawyer says that since the lady did not have insurance, we sent a monetary amount to Progressive that we deem fair for damages, and they either decide to pay it or not. If they don't pay it, then we have to take them to court, and we can take the lady to court. If they do pay it, then it's all over.
Is this correct? If so, what should be included in the amount that we ask Progressive for?
This is a very long post because I want to include all the information so that I can get the best advice possible.
In April is was riding my motorcycle on a two lane road with a speed limit of 50mph. I was following a Ford Explorer that I noticed had no tail lights(no brake lights or turn signals). As soon as I noticed the SUV's lights weren't working, I distanced myself from her vehicle so if she had to slow down quickly, I would also have enough time to brake.
As we started nearing the entrance to a new subdivision, the Explorer started to slow down and pull of the right side of the road. I to started slowing down because I had not clue what the lady was doing. I could see that she was talking on her cellphone and when she came to a complete stop with all four wheels off the road, I figured she was stopping to make a call. The entrance to the subdivision was on the left, she was on the right.
I started to accelerate back to the speed limit and moved to the middle of the road incase she opened her door, she wouldn't catch me with it.
When I was about 15 feet from passing her, she pulled across both lanes in what I thought looked like the start of a three-point turn. I had to decided to try and go to the left of her and into the opposing lane or go behind her since there was no way for me to stop before hitting her(I was trying to stop, locked both brakes and down shifted). I decided to stay in my lane, and try to go around behind her.
Lets just say I hit her. It totalled my bike, and put me in the hospital for a couple weeks. I won't talk about injuries because they don't really matter in the legal aspects of this issue.
The police were summoned to the scene. They arrived before the EMT's and he tried to get my statement and I was laying in the middle of the road with broken bones and a collapsed lung. The only thing I said to him was "She had no brake lights or turn signals, she was on the cellphone, and please call my fiance." He never checked her lights, and took her statement saying that I was speeding and passing on the wrong side.
After my surgeries, I contacted Progressive(my insurance company) to file a claim. They sent a guy out that day and he took down my statement and went and looked at the bike. I never heard back from him. A week later I decided to get a lawyer.
We now have this information:
1. Police statement that was completely incorrect in the drawing and statements(they never came and got a statement from me).
2. The only witness at the scene has written a statement saying that she pulled across my lane, then tried to leave the scene.
3. Lady that hit me lied to the police saying she had insurance, when infact she did not and hasn't for the past two years.
Another note, I had uninsured motorist coverage.
My lawyer says that since the lady did not have insurance, we sent a monetary amount to Progressive that we deem fair for damages, and they either decide to pay it or not. If they don't pay it, then we have to take them to court, and we can take the lady to court. If they do pay it, then it's all over.
Is this correct? If so, what should be included in the amount that we ask Progressive for?