Like so many other fellow bikers, I have encountered rude people and even ruder drivers. I have encountered dangerous and unsafe people operating motor vehicles (yes, even motorcycles) and I have encountered dangerous and unsafe road conditions. And like fewer bikers (I hope), I have been included in the “biker down” category and subsequently had to navigate the insurance and legal bureaucracy as well as endure the physical and emotional pain and stress. And yes, it all makes me mad. I wanted a place where I could publicly talk about my anger because up to this point I have only been able to tell it to friends and relatives and frankly, they are tired of it. I want to hear from others as well who have stories to tell.
Here is your opportunity to express what makes you mad when you are (or were) riding your motorcycle. I don’t even mind if you name names. Just be sure that what you say is factual and doesn’t leave anyone open to libel or slander. And please, no foul or obscene language. Use characters like %&*#@!. We’ll understand what you mean.
Come on Canadians. Let’s hear from you.
Administrator
I am not a lawyer. I speak from first-hand experience and a lot of research and advice that I have received during my personal injury suit. The best advice comes from your lawyer but initially there are 4 very important steps to take if you are injured in a motorvehicle accident, especially if the accident was caused by someone else).
M- MAKE REPORTS – Make sure you, or someone else, gets the name and policy number of the other insurance companies and file a report to your insurance company as soon as possible or have someone do it for you. It is also a good idea to notify the other insurance companies as well. If the police responded to the scene, this information will be included on the accident report which you are entitled to have a copy of.
A - ADVICE – Get legal advice as soon as possible. Most lawyers will not charge you for the initial consultation and they have information that will be valuable to you down the road. There is also a consumers handbook available, free of charge, from John A. McKiggan’s legal blog at http://www.halifaxpersonalinjurylawyerblog.com/personal_injury/ This handbook contains very valuable information.
Follow all of the advice of caregivers. Keep (and record) scheduled doctor’s visits, physiotherapy/rehabilitation appointments, etc. Follow and document all of their advice regardless of how inconvenient it may be at the time.
D - DOCUMENTATION – Document, document, document. I cannot stress enough how important it is to document everything, regardless of how insignificant it may appear at the time. Take pictures of your injuries. Keep a detailed journal of the effects that the injuries have on your day to day living and employment. It may seem like a pian in the butt at the time, but you will not be sorry later. It only take a few minutes each day to maintain your documentation.
Know your past medical history. Insurance companies will use this to test your honesty and also to try and show that your condition was pre-existing.
S – SAVE - Save everything! Save all receipts, correspondance, journals, reports, pictures,etc.. In the end, you should have a file that mirrors what your lawyer has.
Administrator
Did you know that the current legislation in Nova Scotia does more to protect the insurance companies than it does to protect you? You know who you are. You are the people that pay the premiums that keep the insurance companies in business.
Did you know that if you file a false claim or make false statements on your claim, in an attempt to get a bigger settlement, that it is called fraud and subject to penalty but the insurance company can make false statements in an attempt to reduce the amount of the settlement and it is called standard practice and is legal?
Did you know that you have a maximum of 36 months following an accident to file a claim but there is no maximum time that an insurance company has to reach a settlement?
Did you know that you cannot recover 100% of your legal fees in a peronal injury suit even if there is no liability on your part? Personal injury lawyers will charge 25-30% of the total amount recovered but you can only claim the maximum amount described in what is known as Tariff F. For example, a judgment amount of $350,000 will cost you approximately $98-100,000.00 but you can only claim approximately $10,500 as part of your claim.
Did you know that insurance companies are legally allowed to play games with you? When claims are small, they will attempt to pay you out as quickly as possible. They will ususally offer you a lot less than what you rightfully deserve and attempt to convince you that it is fair and that you would be smark to accept it. With larger settlements, there is no requirement for them to attempt to reach an out of court settlement and they will file a defence. Now the onus is on you, the victim, to prove they are wrong. Remember, this will happen at least 3 years after you accident. They hope that you will forget, that witnesses will forget or not be available, that you will not have documentation and that you will not make a good witness. They hope that by the time you get to “discoveries” that you will be so poor and hungry (and you will be poor and hungry)that you will grab at their first offer. And you can rest assured that their first offer will not be anywhere near what you deserve. They also have the right to request that you submit to psychological and medical examinations to prove your injuries and restrictions and the professionals are selected by them! They will actually try to trick you into saying something or doing something that will damage your case. They are not your friend! Their job is to trick you up.
