I had a crash...a big one!

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  • Sandy
    Forum Guru
    Past Site Supporter
    • Feb 2004
    • 7520
    • Cranbrook, BC Canada

    #271
    Good news on the charges but have to agree with Garth on the legal system here being pussies. Great news on your hip and healing in general. It also shows of how attitude and determination helps with the healing process ....really proud of you buddy.
    '84 GS750EF (Oct 2015 BOM) '79 GS1000N (June 2007 BOM)

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    • bobgroger
      Forum Sage
      Past Site Supporter
      • Jun 2013
      • 2481
      • Enumclaw, WA

      #272
      Originally posted by trevor
      Thought I would provide an update.
      Doesn't BC have an absurdly low limit on damages from an accident? In the US they would be looking for the limit on your insurance, your house, your future income, and your first born. However, in Washington state you are only required to have 25k in coverage.
      sigpic
      09 Kaw C14 Rocket powered Barcalounger
      1983 GS1100e
      82\83 1100e Frankenbike
      1980 GS1260
      Previous 65 Suzuki 80 Scrambler, 76 KZ900, 02 GSF1200S, 81 GS1100e, 80 GS850G

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      • trevor
        Forum LongTimer
        Past Site Supporter
        • Oct 2011
        • 18699
        • Victoria bc

        #273
        Originally posted by bobgroger
        Doesn't BC have an absurdly low limit on damages from an accident? In the US they would be looking for the limit on your insurance, your house, your future income, and your first born. However, in Washington state you are only required to have 25k in coverage.
        The guy who hit me will not be held financially responsible. Our Provincial insurance, ICBC will pay me out for "pain and suffering" and any lost wages. And they have paid for all my health care appointments, including mileage, any care aids for my home etc..fwiw our min liability is $200,000 here...I always carry min of 2 million on all my vehicles.
        I have no clue what kind of money I will get..but my lawyer said "we are preparing your case to go to court, so we will only settle for court like money"...

        Originally posted by Sandy
        Good news on the charges but have to agree with Garth on the legal system here being pussies. Great news on your hip and healing in general. It also shows of how attitude and determination helps with the healing process ....really proud of you buddy.
        Thanks Sandy.

        Originally posted by bccap
        " Undue Care and Attention " ? ..... Man ! Our legal system can be pussies ..... Last I heard that was six points and a fine ..... As far as I'm concerned, blowing a stop sign and nobody hurt is " Undue Care And Attention " ..... Somebody gets hurt and it should be " Dangerous Driving " .....
        I hear ya Garth...the crown council woman said "I know it doesn't seam fair but that's the system"...I really don't have a problem with it...we all make mistakes...I told her I'm just bitter because he lied...if he had taken ownership from day one and had not made me prove that he ran the sign I know mentally I would have felt better..and maybe wouldn't be so eager to read my impact statement. btw they are seeking a $750 fine...he will be given 6 points on his license. That charge will make his insurance go up big time too.

        Originally posted by dorkburger
        Hey Trevor, thanks for the update. That fact that you have come this far in recovery / rehab is inspirational and a testament to your strong will.
        Thanks Glenn...

        Originally posted by cowboyup3371
        Great news on him finally taking some responsibility and hopefully things work out for you
        Yes, finally. But I'm sure it's only because I have video...lol...cheers

        Originally posted by Cipher
        Good news

        Without due care surely
        Lol..
        No signature :(

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        • Rich82GS750TZ
          Forum Guru
          Past Site Supporter
          Super Site Supporter
          • Jun 2018
          • 5587
          • Mifflinburg, PA / Land of Tar & Chip

          #274
          Glad you're doing well, Trevor. The driver's consequences seem like a slap on the wrist for nearly killing a person, intentional or not.
          Links​

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          • trevor
            Forum LongTimer
            Past Site Supporter
            • Oct 2011
            • 18699
            • Victoria bc

            #275
            Originally posted by Rich82GS750TZ
            Glad you're doing well, Trevor. The driver's consequences seem like a slap on the wrist for nearly killing a person, intentional or not.
            Thanks Rich...yes, I agree..slap on the wrist for sure. I am looking forward to telling him what he did to my life though...so there's that...lol
            No signature :(

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            • Eli69
              Forum Sage
              Past Site Supporter
              • Aug 2005
              • 4857
              • Wyoming County, New York

              #276
              Dude I'm glad you're doing well. I often think of the stories on the gsr when I'm riding. Keeps me alert.
              2002 bmw r1150gs 1978 gs1000E skunk les pew 1982 GS1100
              1980 gs1000G the ugly RLAM

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              • Rob S.
                Forum Guru
                Past Site Supporter
                • Dec 2013
                • 9413
                • New York City

                #277
                If it were this country, and you had a good lawyer, I think you'd be looking at least at a few million (US) dollars. Pain and suffering, loss of the uses of a farther, husband, income lost, etc.
                1982 GS1100E V&H "SS" exhaust, APE pods, 1150 oil cooler, 140 speedo, 99.3 rear wheel HP, black engine, '83 red

                2016 XL883L sigpic Two-tone blue and white. Almost 42 hp! Status: destroyed, now owned by the insurance company. The hole in my memory starts an hour before the accident and ends 24 hours after.

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                • trevor
                  Forum LongTimer
                  Past Site Supporter
                  • Oct 2011
                  • 18699
                  • Victoria bc

                  #278
                  Originally posted by Rob S.
                  If it were this country, and you had a good lawyer, I think you'd be looking at least at a few million (US) dollars. Pain and suffering, loss of the uses of a farther, husband, income lost, etc.
                  lol...I wish...
                  No signature :(

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                  • storm 64
                    Forum Sage
                    Past Site Supporter
                    Super Site Supporter
                    • May 2012
                    • 4587
                    • Youngstown,Ohio

                    #279
                    In Youngstown, if you paid tribute to a good fellow he'd get the justice he deserves...
                    My Motorcycles:
                    22 Kawasaki Z900 RS (Candy Tone Blue)
                    22 BMW K1600GT (Probably been to a town near you)
                    82 1100e Drag Bike (needs race engine)
                    81 1100e Street Bike (with race engine)
                    79 1000e (all original)
                    82 850g (all original)
                    80 KZ 650F (needs restored)

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                    • Rob S.
                      Forum Guru
                      Past Site Supporter
                      • Dec 2013
                      • 9413
                      • New York City

                      #280
                      And the lawyers fight so hard for you because they get 1/3 right off the top. $10,000,000 award, 6.6 mil to injured party, 3.3 mil to lawyers. And it rarely goes to trial. Insurance company negotiates more than you'd wish for just to avoid going to the trouble, time and risk of a trial.
                      1982 GS1100E V&H "SS" exhaust, APE pods, 1150 oil cooler, 140 speedo, 99.3 rear wheel HP, black engine, '83 red

                      2016 XL883L sigpic Two-tone blue and white. Almost 42 hp! Status: destroyed, now owned by the insurance company. The hole in my memory starts an hour before the accident and ends 24 hours after.

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                      • bccap
                        Forum LongTimer
                        Past Site Supporter
                        • May 2011
                        • 27300
                        • Vancouver B.C.

                        #281
                        Originally posted by Rob S.
                        If it were this country, and you had a good lawyer, I think you'd be looking at least at a few million (US) dollars. Pain and suffering, loss of the uses of a farther, husband, income lost, etc.
                        You guys are kind of overkill one way and we are definitely overkill the other way . I found out for myself how we work in a medical situation .... The Supreme Court has capped " pain and suffering " at $350,000 and that is for the absolute worst of cases... Like a doctor showing up drunk and lopping off both your arms and legs while he's doing a tonsillectomy ...... And punitive damages are almost impossible to get here due to the high standard requiring proof of intent ..... No intent, no punitive damages ..... Negligence doesn't cut it ..... Trevor will get some money but he won't be retiring on it .....

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                        • trevor
                          Forum LongTimer
                          Past Site Supporter
                          • Oct 2011
                          • 18699
                          • Victoria bc

                          #282
                          Originally posted by bccap
                          You guys are kind of overkill one way and we are definitely overkill the other way . I found out for myself how we work in a medical situation .... The Supreme Court has capped " pain and suffering " at $350,000 and that is for the absolute worst of cases... Like a doctor showing up drunk and lopping off both your arms and legs while he's doing a tonsillectomy ...... And punitive damages are almost impossible to get here due to the high standard requiring proof of intent ..... No intent, no punitive damages ..... Negligence doesn't cut it ..... Trevor will get some money but he won't be retiring on it .....
                          I won't retire on it for sure.. It should make a difference to my family though, and that's all I care about. My lawyer is a family friend and he's a Pitbull for sure. He is only taking 17% of what I get. Happy about that.
                          No signature :(

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                          • Baatfam
                            Forum LongTimer
                            Past Site Supporter
                            Super Site Supporter
                            • Jul 2006
                            • 18761
                            • Knoxville, TN

                            #283
                            Originally posted by Rob S.
                            If it were this country, and you had a good lawyer, I think you'd be looking at least at a few million (US) dollars. Pain and suffering, loss of the uses of a farther, husband, income lost, etc.
                            We wish...

                            Our daughter was in a car accident, passenger, not her fault, NY state, a few years ago.

                            Broken pelvis, among other injuries. Multiple screws and such. No chance of birthing a child. Months of therapy and assistance. Two years before back at a real job.

                            Her check, with good lawyers? $66,XXX.

                            To be fair, because it was in NY, all her medical costs were covered, and all future medical bills, related to the accident, are covered for life.
                            Bob T. ~~ Play the GSR weekly photo game: Pic of Week Game
                            '83 GS1100E ~ '24 Triumph Speed 400 ~ '01 TRIUMPH TT600 ~ '67 HONDA CUB

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                            • Nessism
                              Forum LongTimer
                              GSResource Superstar
                              Past Site Supporter
                              Super Site Supporter
                              • Mar 2006
                              • 35793
                              • Torrance, CA

                              #284
                              Originally posted by Rob S.
                              If it were this country, and you had a good lawyer, I think you'd be looking at least at a few million (US) dollars. Pain and suffering, loss of the uses of a farther, husband, income lost, etc.
                              The only way to get "...at least a few million" is if the person who caused the injury was rich, or if they had a really good insurance policy. Most people take the state required minimum policy, which ain't $hit. And you can't sue someone and take their home away, there are laws against that.

                              When the left turner got me in 2006 I got all of $5000 buck. Just enough to cover my out of pocket costs. Fast forward to today and my RH knee is a mess and I can't even walk for fitness anymore. It's frustrating.
                              Ed

                              To measure is to know.

                              Mikuni O-ring Kits For Sale...https://www.thegsresources.com/_foru...ts#post1703182

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                              • hank2
                                Forum Mentor
                                Past Site Supporter
                                • Oct 2019
                                • 149
                                • Reading, Pa

                                #285
                                Originally posted by Nessism
                                The only way to get "...at least a few million" is if the person who caused the injury was rich, or if they had a really good insurance policy. Most people take the state required minimum policy, which ain't $hit. And you can't sue someone and take their home away, there are laws against that.

                                When the left turner got me in 2006 I got all of $5000 buck. Just enough to cover my out of pocket costs. Fast forward to today and my RH knee is a mess and I can't even walk for fitness anymore. It's frustrating.
                                That seems very accurate. I have known of a few people on both sides of the fault blame who sued or were sued. If the at fault had little or had real junk insurance there is essentially nothing. Although judgements never expire, I have seen people who keep everything they own in someone else's name. I don't think that social security or disability can be taken, but not sure about that. In many areas of Pa., you would fortunate to be hit by someone who has any sort of car insurance. Even though a very low level of liability insurance is required. I've read of estimates of 50% uninsured driver levels in Phila. If you have the Uninsured/Underinsured motorist coverage you have to sue your insurance carrier to get it at your expense.

                                I have a friend who suffered terrible injuries from an auto accident 7 or 8 years ago. Although it was sort of a "he said-she said" deal, he had the upper edge. He nearly starved due to not being able to work any longer as a self employed person. He eventually got a settlement after 6 years of less than $20k and can scarcely walk today. The worst case scenario where both he and other party had the same insurance carrier. "Deny until they die".
                                1981 Suzuki GS650G

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