About to settle the 2 year law suit

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Permalink Reply by thang van ung on September 14, 2010 at 12:41am

all around shame on the legal and the insurance system. justice is not much more than an ironic framework.

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Permalink Reply by Kevin C Dormant on September 14, 2010 at 6:26am

Even good lawyers are limited by the funds which are available to pay claims. There are a lot of people driving around out there with no insurance at all and still more that have the woefully inadequate state minimum of $20K for liability. If this matter is being resolved as a settlement, the agreement can/should allocate most or all of the damages to the physical injury and medical and little or none to the lost wages (only the lost wages portion is taxable). Your lawyer can and should negotiate any outstanding treaters' liens. One of the dirty little secrets about the medical and insurance industries is that only suckers pay sticker price. If the liens can't be negotiated to your satisfaction, they can be brought before the judge and "adjudicated." (the judge tells them what they'll be getting).

Insurance companies come and go, and a Chicago branch closing in and of itself shouldn't change anything. State regulators mandate and audit the loan loss retention levels which must be maintained by insurance companies. Not unlike the banking industry, when the asset/liability premium income/loan loss reserve mix comes dangerously close to minimum mandated requirements (or asset quality is impaired), the regulators will come in and seize the company's assets. Any acquiring entity will (I think) remain liable for legacy liabilities. Hope this helps.

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Permalink Reply by Joe Studer 8.0 mi on September 14, 2010 at 9:18am

Cameron Puetz said:

Gabe

Could you elaborate on how living the car free life works against you in this situation?

Here's one way having a car may have helped: your personal car insurance will pay for uninsured / underinsured claims. So, if the dirtbag that hits you has only $20K in coverage (or has no coverage at all), and you've got a lot more than that in damages, your underinsured coverage would potentially help make up the difference.

Having been there, I've upped my underinsured / uninsured coverage to the maximum I can get.

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Permalink Reply by Lee Diamond on September 14, 2010 at 10:23am

Gabe,

I am very sorry. I feel for you because I have been through untold legal horrors for going on 6 years now, and like you, did nothing wrong, and like you feel like it only gets worse, and you only get punished endlessly for doing nothing wrong. I am sorry because it sucks and it isn't fair.

In the end, living through it is the best revenge. I wish you sweet revenge.

Your pal,

Lee

P.S. - As much as what you are going through sucks, it sucks even worse to get sucked into legal troubles caused by what you say and write. I am familiar with this too. It isn't wrong to speak out about injustice, but it can still be expensive.

Just saying.

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Permalink Reply by Leah Jone on September 14, 2010 at 12:48pm

Lawyer Jim told me about non-owner, operator insurance. It is for non-car owners and protects us as pedestrians, cyclists and even with rental cars.

The extra insurance covers you when the driver is uninsured or underinsured.

I'll be looking into it and will let folks know what I find. He warned me that most brokers don't know about it, so you have to find one that works with cyclists.

Joe Studer said:

Cameron Puetz said:

Gabe

Could you elaborate on how living the car free life works against you in this situation?

Here's one way having a car may have helped: your personal car insurance will pay for uninsured / underinsured claims. So, if the dirtbag that hits you has only $20K in coverage (or has no coverage at all), and you've got a lot more than that in damages, your underinsured coverage would potentially help make up the difference.

Having been there, I've upped my underinsured / uninsured coverage to the maximum I can get.

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Permalink Reply by Julie Aberman (Hochstadter) on September 14, 2010 at 1:10pm

Gabe, I'm also super upset and pissed off about how the system didn't work in your case. You aren't the only one... It shouldn't be like that. At the very least you are speaking out to other fellow cyclists and trying to help educate them.

Lawyer Jim was instrumental ( I heard him speak about this at a CCC meeting last year) for telling me to kept my car insurance (non-owners policy) after I sold my car. ANYONE who is about to go car-free, make sure you ask your insurance company before you cancel to switch you to a non-owner's policy.

Leah Jone said:

Lawyer Jim told me about non-owner, operator insurance. It is for non-car owners and protects us as pedestrians, cyclists and even with rental cars.
The extra insurance covers you when the driver is uninsured or underinsured. I'll be looking into it and will let folks know what I find. He warned me that most brokers don't know about it, so you have to find one that works with cyclists.
Joe Studer said:

Cameron Puetz said:

Gabe

Could you elaborate on how living the car free life works against you in this situation?

Here's one way having a car may have helped: your personal car insurance will pay for uninsured / underinsured claims. So, if the dirtbag that hits you has only $20K in coverage (or has no coverage at all), and you've got a lot more than that in damages, your underinsured coverage would potentially help make up the difference.

Having been there, I've upped my underinsured / uninsured coverage to the maximum I can get.

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Permalink Reply by Vilda on September 14, 2010 at 7:48pm

Thanks all for the worry about me expressing my opinions online but at this point I could care less. Her insurance companies branch in Chicago didn't close cause they were swallowed by a larger company they closed because they are found at flybynight.org and insure morons like the chick that hit me.

I'm not worried about any of the lawyers finding this because my lawyer blows and has written this case off because of the low pay day for him. I spoke with Brendan (listed above) when I realized that my lawyer was sub par. In regards to negotiating the liens down my lawyer told me I could do it. Not him. WTF?!? who am I and why would the insurance companies listen? that is certainly not how it's supposed to go. I told my lawyer he needed to do that and he said "i guess i can do it." Like i was putting him out. My lawyer has written this case off cause there is no big pay day for him. Jerk.

And whatever legal representation they have over at fly-by-night is unlikely to know how anything beyond a type writer works.

And Mark, oddly if i had died my wife and sis woulda got more money than with me living. I'm thankful for not being dead but there is a limit to the amount of thanks ya give when you are getting fucked. Also oddly, I was hit the night before Thanksgiving and could hardly eat cause i was in pain and on meds. So your post resonated.

I forgot to list Kevin Conway as a Lawyer you can trust as well. And thanks for posting Kevin.

I've been car free for most of my life. Had a car for a year in High School (suburban peer pressure). Had a car for a year when living in NYC (workin in Yonkers seemed far for some reaon). Wished I had a car for the first time when i learned of that stupid shit about car insurance.

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Permalink Reply by Vilda on September 14, 2010 at 8:19pm

One of many things that sucked ;-)

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Permalink Reply by dan brown on September 15, 2010 at 10:42am

julie - this is an excellent point.
I was hit by a cab (I was on a bike) and he had no insurance but my auto policy covered everything
under 'uninsured motorist'. my lawyer upped the suit and I ended up with some cash (not a ton btw).
after paying the IRS and my divorce lawyer it was gone.

never heard of a non-owners policy; is this for when you rent or borrow a car ???

Dan

Julie Hochstadter said:

Gabe, I'm also super upset and pissed off about how the system didn't work in your case. You aren't the only one... It shouldn't be like that. At the very least you are speaking out to other fellow cyclists and trying to help educate them.

Lawyer Jim was instrumental ( I heard him speak about this at a CCC meeting last year) for telling me to kept my car insurance (non-owners policy) after I sold my car. ANYONE who is about to go car-free, make sure you ask your insurance company before you cancel to switch you to a non-owner's policy.

Leah Jone said:

Lawyer Jim told me about non-owner, operator insurance. It is for non-car owners and protects us as pedestrians, cyclists and even with rental cars.
The extra insurance covers you when the driver is uninsured or underinsured. I'll be looking into it and will let folks know what I find. He warned me that most brokers don't know about it, so you have to find one that works with cyclists.
Joe Studer said:

Cameron Puetz said:

Gabe

Could you elaborate on how living the car free life works against you in this situation?

Here's one way having a car may have helped: your personal car insurance will pay for uninsured / underinsured claims. So, if the dirtbag that hits you has only $20K in coverage (or has no coverage at all), and you've got a lot more than that in damages, your underinsured coverage would potentially help make up the difference.

Having been there, I've upped my underinsured / uninsured coverage to the maximum I can get.

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Permalink Reply by Leah Jone on September 15, 2010 at 10:46am

The non-owners operator policy, as I understand it, covers you when you are a pedestrian, on your bike or renting a car.

It is high on my to do list.

dan brown said:

julie - this is an excellent point.
I was hit by a cab (I was on a bike) and he had no insurance but my auto policy covered everything
under 'uninsured motorist'. my lawyer upped the suit and I ended up with some cash (not a ton btw).
after paying the IRS and my divorce lawyer it was gone.

never heard of a non-owners policy; is this for when you rent or borrow a car ???

Dan

Julie Hochstadter said:

Gabe, I'm also super upset and pissed off about how the system didn't work in your case. You aren't the only one... It shouldn't be like that. At the very least you are speaking out to other fellow cyclists and trying to help educate them.

Lawyer Jim was instrumental ( I heard him speak about this at a CCC meeting last year) for telling me to kept my car insurance (non-owners policy) after I sold my car. ANYONE who is about to go car-free, make sure you ask your insurance company before you cancel to switch you to a non-owner's policy.

Leah Jone said:

Lawyer Jim told me about non-owner, operator insurance. It is for non-car owners and protects us as pedestrians, cyclists and even with rental cars.
The extra insurance covers you when the driver is uninsured or underinsured. I'll be looking into it and will let folks know what I find. He warned me that most brokers don't know about it, so you have to find one that works with cyclists.
Joe Studer said:

Cameron Puetz said:

Gabe

Could you elaborate on how living the car free life works against you in this situation?

Here's one way having a car may have helped: your personal car insurance will pay for uninsured / underinsured claims. So, if the dirtbag that hits you has only $20K in coverage (or has no coverage at all), and you've got a lot more than that in damages, your underinsured coverage would potentially help make up the difference.

Having been there, I've upped my underinsured / uninsured coverage to the maximum I can get.

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Permalink Reply by Julie Aberman (Hochstadter) on September 15, 2010 at 10:52am

As I understand it, it covers YOU if the person who caused the crash does not have insurance, or just as common, when you are in a hit and run.

Maybe it also covers you if the person who caused the accident doesn't have sufficient insurance.

Leah Jone said:

The non-owners operator policy, as I understand it, covers you when you are a pedestrian, on your bike or renting a car.
It is high on my to do list. dan brown said:

julie - this is an excellent point.
I was hit by a cab (I was on a bike) and he had no insurance but my auto policy covered everything
under 'uninsured motorist'. my lawyer upped the suit and I ended up with some cash (not a ton btw). after paying the IRS and my divorce lawyer it was gone. never heard of a non-owners policy; is this for when you rent or borrow a car ???

Dan

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Permalink Reply by Marco Rayos on September 15, 2010 at 11:16am

we should do a ride in your honor. That's a lot of crap to have to go through. I'll buy you a beer.

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