Lawyer or no lawyer?

Mousenut · Post by **Mousenut** » Fri May 18, 2012 2:22 pm

Ok, had my first wipeout. School bus pulled right out in front of me from bus loop, grabed brakes to prevent the taste of bus from ruining my lunch and she went down. Mostly cosmetic damage to scoot. Full Ins. I have rash on left knee (reg jeans). Even with gloves on my knuckle is all swolen and my right foot/ankle is twisted/bruised pretty bad. School has video footage but don't know if it can see accident or just identify driver yet.

Witness saw bus pull away but that is it.

Lawyer or no lawyer? Other than possibly covering the ins. deductable what would the gain really be from involving them?

ThreeSheets · Post by **ThreeSheets** » Fri May 18, 2012 2:26 pm

Your best bet would be to contact a lawyer and see if you have a case, and for how much it would cost you ect.

Drum Pro · Post by **Drum Pro** » Fri May 18, 2012 2:40 pm

What is it with all these "downs" and crashes? Is it the heat? The moon? Venus in the cusp of Saturn or something? Sorry to hear you downed but glad it wasn't life threatening...

skully93 · Post by **skully93** » Fri May 18, 2012 2:46 pm

if you didn't collide with another vehicle, they may not really do much.

However, it never hurts to call and ask! Obviously you (thankfully) don't have huge medical bills and the scoot insurance will probably fix your scoot right up (Geico treated me well). But a consultation will cost you nothing but time.

Swordsman · Post by **Swordsman** » Fri May 18, 2012 2:50 pm

Drum Pro wrote:What is it with all these "downs" and crashes? Is it the heat? The moon? Venus in the cusp of Saturn or something? Sorry to hear you downed but glad it wasn't life threatening...

Seriously! I think the increase in temps is doing weird things to people... crazy drivers, thefts, all kinds of bad mojo!

~SM

k1dude · Post by **k1dude** » Fri May 18, 2012 2:51 pm

I'm no expert, but I'd think you'd first want to call your insurance and file a police report. Then go to the hospital. Then call a lawyer if your injuries are going to cost a pretty penny and/or you will lose time at work due to the injuries.

velobuff · Post by **velobuff** » Fri May 18, 2012 2:55 pm

k1dude wrote:I'm no expert, but I'd think you'd first want to call your insurance and file a police report. Then go to the hospital. Then call a lawyer if your injuries are going to cost a pretty penny and/or you will lose time at work due to the injuries.

In any type of emergency/accident you want to get yourself as fast as you can go to the hospital. You might have injuries you do not yet know about.

Get the names and contact info of any witness.

I'd call an attorney regardless. You should not be held responsible for your medical bills because of someone else. Plus you have a moral obligation to correct the future behavior of the person that made the poor decision resulting in your accident.

pdxrita · Post by **pdxrita** » Fri May 18, 2012 3:12 pm

Did the bus driver try to claim it wasn't their fault? If not, I'm gonna vote no lawyer. That's what the insurance company is for. File a claim and let them fight it out. At least you know, since it was a school bus and not a privately owned vehicle, that they have good insurance.

Your injuries sound similar to mine. Right when I got up, my right ankle was hurting. I had some abrasions and bruises on my knees, but no holes in my pants. My knees are 99% healed now and the ankle pain was gone the next morning, replaced by foot pain which is still there, but a lot less. It's been two weeks since my accident. I did not seek any medical attention. That's a judgement call really, and only you know just how hard you fell. Maybe I should have done that, but things seem to be be healing up fine. Sorry you had to join the club. Good luck!

jmazza · Post by **jmazza** » Fri May 18, 2012 3:59 pm

pdxrita wrote:Did the bus driver try to claim it wasn't their fault? If not, I'm gonna vote no lawyer. That's what the insurance company is for. File a claim and let them fight it out. At least you know, since it was a school bus and not a privately owned vehicle, that they have good insurance.

I agree 100% with this. I'll also add that if you are thinking of going after the driver or school system or whatever through the legal system, I'd stop posting about it on a public message board immediately!

Dooglas · Post by **Dooglas** » Fri May 18, 2012 5:31 pm

You alreadfy have full insurance and your insurance company has more lawyers than cookies have chocolate chips

. It would not make sense to involve a lawyer over your deductable as the amount at stake is too small. So long as your insurance company prevails with the school district or bus company, you will not have to pay dedictable anyway. The only reason to involve a lawyer is if you suffered significant personal injury and medical costs of some consequence are involved. No one can, or should, tell you what to do - but be introspective about whether involving a lawyer, and splitting any settlement with him, is in your interest.

LunaP · Post by **LunaP** » Fri May 18, 2012 5:43 pm

skully93 wrote:if you didn't collide with another vehicle, they may not really do much.

However, it never hurts to call and ask! Obviously you (thankfully) don't have huge medical bills and the scoot insurance will probably fix your scoot right up (Geico treated me well). But a consultation will cost you nothing but time.

I kind of agree with this also- if insurance is handling it, your premium isn't going up, and you don't have any significant medical bills, I say avoid the hassle of a lawyer, despite the fact that what the bus driver did is highly aggravating. You could file a complaint with the schools.

HOWEVER

I do want to pop in and say that allegedly in Virginia there is a law that apparently nobody, including most cops, know about, stating that if a car driver is the cause of a motorcyclist going down, they are at fault, regardless of whether there is a collision.

I have NOT DONE RESEARCH on this and have no idea if anything similar exists in other states- but I can tell you that my mother received a ticket on this basis a few years ago. It was dark, she saw a pair of headlights moving down the road at what she perceived to be a safe distance, once she pulled out on the road she saw one down- and realized she had seen not a pair of headlights on a car but a pair of motorcyclists (probably riding side by side, or much too close to it, which is illegal). I wasn't in the car and don't know how fast the MC's were going, but one of them claimed he went down because mum pulled out in front of him with too little distance. She stopped to make sure he was okay and stayed while he filed a report- and ended up getting a ticket on the aforementioned basis and was flabbergasted because she'd never heard of it happening before.

This is why she was angry I didn't have any info on the speeding driver that caused me to go down and break my hand- she believed he could be ticketed as she had been.

Food for thought for everybody- it may do you some good to arm yourselves with knowledge, if there's anything new to learn about your state/local laws.

tortoise · Post by **tortoise** » Fri May 18, 2012 5:54 pm

Mousenut wrote:I have rash on left knee (reg jeans).

Related post.

Mousenut · Post by **Mousenut** » Fri May 18, 2012 5:59 pm

I went home for lunch and on my way back would you believe a half blind old fart almost did it again? He got half way out into the street and I was stopped in the center turning lane (left turn) and he slammed on the brakes after I gave him the horn. He would have driven right into me if I didn't hit the horn. I sat there 3 feet from his bumper and just stared at him and he couldn't figure out what was going on. I swear I should call a cab to get home tonight.

Ok, called ins. co. earlier...

$100 deductable is the smartest move I have made this year. They are taking pretty good care of me so far so that is good news.

Called a billboard no-fee type lawyer and he said I have to have 3 things before they would get involved...

1) A defendant. Without proper footage from the school, it will be a guessing game as to who the driver is since they drove away. They believe they know which one it was but can't be 100% sure, so I'm sunk before I get out of the gate it looks like without proof from them and the guy I talked to didn't seem to hopefull based on the direction the camera was set to.

2) A police report showing negligance etc. of some sort. Witnesses can support this part easily. I could not have been speeding (too short a distance to get over 15 even WOT which I was not) and being on the road I have right of way vs. anyone pulling out of a driveway.

3) An injury that would require care to an extent that would make it worth their while to go after the defendant. (I am witholding comment on this part as I have not yet gone to Dr. and who knows what will happen a week from now, either way, see #1)

I highly doubt I will call them back but I would like to see the driver dragged over the coals for it and an injury attorney doesn't appear to be the way to go for that.

Time to start thinking positive and get off of the vindicitve horse I rode in on...

I need to locate where all these little plastic parts came from so I can make sure there isn't any hidden damage. I can identify all the loose chrome bits but the clips shown below I have to take a guess at. I believe they came from the upper headlight cowl based on the paint but what do I know.

My 500 mile service is coming up and I was trying to figure out a way to get it to dealer (over mountain, half hour drive), this just might be the ticket. Who knows, I might be able to get ins. to cover it and the transport

Are body parts & prices listed anywhere online or do you have to call in to get them?

Thanks for all the support! I refuse to let a nut job ruin my fun but I still have some shakes riding. I hope that goes away quickly.

Mousenut · Post by **Mousenut** » Fri May 18, 2012 6:23 pm

I forgot to mention this... The school custodian came out to discuss getting the footage to the police and he asked me if I saw which bus it was and without hesitation I said, "Yeah, the orange one".

Zing!

Uncle Groucho · Post by **Uncle Groucho** » Fri May 18, 2012 6:45 pm

Mousenut wrote:
Are body parts & prices listed anywhere online or do you have to call in to get them?

http://www.scooterloungeonline.com/file ... _Parts.pdf

The above link will take you the manual and master parts list; they should coordinate with the parts number in the diagrams with the ordering for Genuine parts. Scooter Lounge uses this for their ordering on the website. If you can't find them through SL or Scooterworks, try a few other places, or a good ol' fashioned Google search of the parts number to locate it through another retailer.

Good luck!

Lovelandstella · Post by **Lovelandstella** » Fri May 18, 2012 7:03 pm

k1dude wrote:I'm no expert, but I'd think you'd first want to call your insurance and file a police report. Then go to the hospital. Then call a lawyer if your injuries are going to cost a pretty penny and/or you will lose time at work due to the injuries.

+1
except I always say call police then call ins. but same idea.

this is all assuming you got the contact info for the bus and the bus driver- right?

good rule to memorize: if you forget to exchange info at the scene you severly limit your own options.
allways exchange info, even if there is no contact. (if you can get them to stop)

PeteH · Post by **PeteH** » Fri May 18, 2012 7:44 pm

I get the impression from the OP that the bus driver continued on without even noticing.

Mousenut · Post by **Mousenut** » Fri May 18, 2012 7:45 pm

PeteH wrote:I get the impression from the OP that the bus driver continued on without even noticing.

Impression confirmed.

Syd · Post by **Syd** » Fri May 18, 2012 8:46 pm

Is it a small school? Were there lots of buses? If you have no idea, go back at the time the event occurred, chances are that the same drivers run the same routes every day, and you can pick out a bus number, or ask another driver, maybe (s)he remembers.

If there is only one bus, you could also call the bus company, since it is probably run by an outside busing company and not the school district. They might be a small-ish family run business and will want to cover all the repair costs off the books, to keep their insurance co. out of it. (That is assuming no moderate to serious physical damage, of course. If you got really hurt then all that changes.)

Mousenut · Post by **Mousenut** » Fri May 18, 2012 9:22 pm

like I sort of joked about, it was the orange bus.

I really couldn't see the person driving and already spoke to another bus driver who couldn't identify the bus in front of her since our district uses shared bussing and it could have been one from any of 3 or 4 districts. Still waiting on video footage answers to see if they can find out anything furthur but they may only be able to see the relitave positions of the busses in the loop and not what order they actualy left in.

Wheelz · Post by **Wheelz** » Sun May 20, 2012 3:05 pm

I was "hit" by a bus in Chicago on my bike one time. When I say hit I was actually riding by a bus and it pulled out from a stop, and clipped my elbow, handlebars turned, I endo'd bike went under rear wheels of bus.
A homeless man chased the the bus driver down to make him stop.
The bus driver got out and said to me:
"How do I know I hit you? There is no evidence my bus made contact with you..."
I said, "Except for that pretzel over there that used to be a bicycle."
Amazing enough I wasn't really hurt sept for road rash, and sore muscles.
I really was more pissed off that my classic Bianchi had been smashed.
Missed a couple days of work, and had a smashed bike that was worth a nice amount of money in upgrades, and it was my tool it's what I needed to work.
I decided to file a claim with the city for damages to my bike and lost wages.
I did not get a lawyer, because I wasn't trying to "get paid" as I saw it.
I jumped through every hoop they told me and six months later I got a letter stating pretty much tough luck....
I was mad and then called a lawyer, he told pretty much tough luck, shoulda called me first.
Long story I know, but the moral is if your gonna do it, call a lawyer first.

velobuff · Post by **velobuff** » Sun May 20, 2012 3:17 pm

I hate lawyers as much as everyone else but they are your only advocate. Yes, they're out to make a buck but you don't know nor can you interpret legalese like they can. Until your local laws are written jnnplain 8th grade English and you have an awareness of all of the laws that pertain to your situation, get a lawyer. They will all give you a 1 hr consultation for free.

In this day & age, if you don't get a lawyer, the other side will not take you seriously. Sad but true.

illnoise · Post by **illnoise** » Sun May 20, 2012 3:24 pm

I agree if you're going ahead with legal action, to not post details about the accident and your interactions with witnesses it on a public forum. We can delete the thread, if you like.

Bb.

pdxrita · Post by **pdxrita** » Sun May 20, 2012 4:08 pm

I've gotta say honestly, I don't understand why people in a situation like this one want to jump immediately to a lawyer. If you have insurance, they have lawyers all lined up and ready to go if they think you have a case. This one sounds really minor and not worth putting up such a fuss for. Just make your claim, let the insurance decide what to do with it, and get yourself and your scooter fixed.

In the meantime, think about how you might have avoided the accident. It does sound like it was 100% the bus driver's fault, but that doesn't mean you couldn't have avoided it with a little more awareness. It's hard to believe that those buses weren't already moving as you approached and if you had been prepared for that, you might have avoided the crash. Again, let me reiterate that I'm not blaming you. What I am saying is that the ultimate goal is to avoid the accident, even if it is someone else's fault. I could say the same for the second incident described above with the old man cutting you off. You sound like you expect to have the right of way and you need to change that expectation to avoid this sort of thing. Always expect that the other vehicle is going to break the rules and be prepared to react accordingly. Never take the right of way until you're sure that they're going to yield it to you. /soapbox

viney266 · Post by **viney266** » Sun May 20, 2012 4:24 pm

Take your bike to the shop, let THEM do the estimate...they do it all the time, let the insurance do what you pay them for...You will get a fixed repaired bike out of it. The shop may notice twisted or bent things you would not.

The injuries? If they turn out to be no broken bones...heal up and move on...If you did have serious injuries then a trip to the doc or hospital is in order.

Also, no one has mentioned this and I will try to be as GENTLE as possible...

first bike? I noticed it hadn't had 500 mile service yet?

Part of the crash ( I wasn't there) could be the part you see when you look in the mirror of the bike

...Apply the brakes too hard...new rider? Could an experienced rider have pulled this off without crash?
Just figured I wanted to mention it. I have been an MSF instructor and a wera roadracing instructor. we ALL need to practice and can alvays learn from our crashes. Could you have done better?

Glad you're okay...It sucks, but get that scooter fixed heal up and keep smilin'.

Mousenut · Post by **Mousenut** » Mon May 21, 2012 9:15 pm

illnoise wrote:I agree if you're going ahead with legal action, to not post details about the accident and your interactions with witnesses it on a public forum. We can delete the thread, if you like...

I can't bring legal action, no defendant still and it appears to be staying that way. Please leave it for others to learn from. TYVM though, very kind.

pdxrita wrote:I've gotta say honestly, I don't understand why people in a situation like this one want to jump immediately to a lawyer. If you have insurance, they have lawyers all lined up and ready to go if they think you have a case. This one sounds really minor and not worth putting up such a fuss for. Just make your claim, let the insurance decide what to do with it, and get yourself and your scooter fixed.

This is not really true. An insurance co's lawyer is looking out to protect the insurance companies’ interests only. In fact, you may actually need a lawyer to make sure your insurance co. isn't skimping on or refusing you benefits you may be entitled to. Your lawyer can also get you monies you may be due that your plan does not cover. Better safe than sorry as others have already posted.

pdxrita wrote:In the meantime, think about how you might have avoided the accident. It does sound like it was 100% the bus driver's fault, but that doesn't mean you couldn't have avoided it with a little more awareness. It's hard to believe that those buses weren't already moving as you approached and if you had been prepared for that, you might have avoided the crash. Again, let me reiterate that I'm not blaming you. What I am saying is that the ultimate goal is to avoid the accident, even if it is someone else's fault. I could say the same for the second incident described above with the old man cutting you off. You sound like you expect to have the right of way and you need to change that expectation to avoid this sort of thing. Always expect that the other vehicle is going to break the rules and be prepared to react accordingly. Never take the right of way until you're sure that they're going to yield it to you. /soapbox

When I read this the first time through on Sunday afternoon, I was furious for some reason (ego probably). I was about to fly off and most likely get banned

I have less tequila in me and much more thought...

I did avoid an accident, I had a wipeout instead. I'm convinced I'm still alive because of it. I wiped out because I was turning (veering is a better term) to the right and braking exactly as hard as I needed to (max) to avoid hitting just behind the door of the bus. The bus was at a dead stop, gassed and went without hesitation (witness confirmed it because he was next to the bus and bus was blocking his left side view to oncoming traffic). If I did not veer and brake, I would not be typing this, I'd likely be dead. Could a more experienced driver not have wiped out? Sure, I was only going a maximum of 14 mph (~21 bmph during re-creation WOT verified as top speed possible over that distance, I was not WOT), anything is possible.
As far as the "second incident" I'm going to assume either I didn't explain the situation well or you may have mis-understood. I was stopped in a center turning lane out of moving traffic lanes, left blinker on waiting on oncoming traffic to pass to enable me to turn left into parking lot. Old fart was pulling into traffic from same parking lot going left aimed straight at me halfway into lane and slammed on his brakes as he saw me stopped in turning lane. If anyone finds a way to solve this situation, please step up to the bar and tell your tale by all means

viney266 wrote:first bike? I noticed it hadn't had 500 mile service yet?

In fact, I'll even top that...not all of those miles are even mine. My wife drove almost half of them. The wonder of this (and the main point) is that whether it's my 100,000th mile or 1st mile, there is a rouge bus driver out there with something more dangerous than a tank... a huge orange tank with kids on it. Should be labeled a terrorist transport vehicle with hostages (where the wheels go round and round, round and round...).

Stay classy Buddies!

Modern Buddy

Lawyer or no lawyer?

Lawyer or no lawyer?

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