I just got off the phone with the insurance company of the owner of the truck - they are still not accepting liability until they get a proof of residency from the driver - they last talked to them on 3/27 and still don't have it - the policy only provided for a maximum of $25,000 total liability.
Has anyone received anything from them or is everyone going through their own insurance? Has anyone ever received a copy of the police report that was promised to be mailed out by the cop at the scene?
get a faxed copy of the report, they never mail them. or better yet go get it.
good luck with the insurance company because the driver wasn't the insured. all the owner has to say is he was authorized to drive it so you may have to file charges.
not saying anyone SHOULD do it, but AMS could be found contributorily negligent for having the bikes parked close to the street, since it is forseeable that someone could run up on the sidewalk
just sayin'
just call Jim Adler, the Texas Hammer.
I wouldn't go down the AMS route if I were you.
??? I know this is no help but I have a building in that area & it is built on the property line in front so that the parking out front is city property. I have to maintain a sidewalk I don't own. Much like AMS [coffee] although could be different there..
also just sayin.. [beer]
if that's the case then all five people should file something but Dallas has so many lawyers they will bury you before it even starts. If anyone's heard stories of DART buses they know.
If you sue the city over it, it will be dismissed and you will get citations for parking on the sidewalk. My point was that AMS ~~may~~ have ill-advised people to park on the sidewalk.
I don't know the facts, but when they are encouraging people to show up and ~~IF~~ they told them to park in a potentially unsafe way, they could be partly liable.
it's a lose lose situation really. fight your own insurance company for a reasonable payout and they'll handle the bullshit for you. I still think that idiot with $25k insurance should be held liable and the kid for racing so fast down a 35mph zone (if that's the speed limit). Plus, what's with minimum coverage only being $25K to be "legal" on the road. pisses me off.
First off you can't get a police report unless you pay for it (BS IMHO) - they don't take phone requests so you have to go down there AND pay for it - still no word that I've heard if the kid had insurance - the owner of the truck had some type of a restricted driver policy - if the guy driving lives with him he isn't covered - don't ask me why but that's what the lady at the insurance company told me. All I want is my deductible back (provided my insurance company gives me a fair offer which they are trying to lowball me to start with). I just think that they won't have the incentive to go after my deductible especially with the guy having minimal coverage.
Filing a suit is just going to cost money plus as mentioned there is no way the City is going to pay squat -
empty lot across from ams is the best place to park. i am sorry frisco but i am afraid you are prob gonna get hosed on this one.
I wonder how Marty and Scott's situation is going (especially Marty's)
First off no one was parked on the sidewalk. Legitimate, legal, parking spots out front. Industrial Lock and Safe next door has the same arrangement. Been there for decades. Yes, it sucks we have such a low limit on the State required policies. Beat your State Senator and Representative over the head with a shovel. Who will agrue with that? Only the low lifes that carry no insurance would complain. :P Hmmm, last I checked I have some DPD conections and if someone needs a DPD accident report I know a guy... or 50. [leo] Just saying.
I like Brian's idea [thumbsup]
Quote from: fastwin on April 09, 2009, 08:01:37 PM
First off no one was parked on the sidewalk. Legitimate, legal, parking spots out front. Industrial Lock and Safe next door has the same arrangement. Been there for decades. Yes, it sucks we have such a low limit on the State required policies. Beat your State Senator and Representative over the head with a shovel. Who will agrue with that? Only the low lifes that carry no insurance would complain. :P Hmmm, last I checked I have some DPD conections and if someone needs a DPD accident report I know a guy... or 50. [leo] Just saying.
Are you implying I don't carry enough insurance? I've got way more than the minimum coverage - I carry underinsured and unisured on my car - never figured I would need that on my bike but I'm still covered by my policy - the only complaint I had was I lose my deductible which is only $250 - I pay extra for a low deductible - I just don't like losing money when something isn't my fault to begin with.
If you know some people in the DPD please ask them to send out the reports that they were supposed to send out 2 weeks ago.
Quote from: fastwin on April 09, 2009, 08:01:37 PM
First off no one was parked on the sidewalk. Legitimate, legal, parking spots out front. Industrial Lock and Safe next door has the same arrangement. Been there for decades. Yes, it sucks we have such a low limit on the State required policies. Beat your State Senator and Representative over the head with a shovel. Who will agrue with that? Only the low lifes that carry no insurance would complain. :P Hmmm, last I checked I have some DPD conections and if someone needs a DPD accident report I know a guy... or 50. [leo] Just saying.
I sure hope you aren't referring to me as a lowlife - I just stated the guy had the minimum - I hate to see that as well but at least the truck had something - the problem is the guy driving may not be covered and because no one has seen a police report nobody knows what the driver of the car had.
Jim, relax and read it again. [bang]
he's talking about the car and truck driver. [beer]
Absolutely, in no way ever, was I referring to you as a low life. It was a general statement regarding the low levels of coverage in the State required insurance. I have had many conversations with friends over the years who have been in wrecks with folks that either had no insurance or they had the minimum level which did not cover the accident costs. Sorry for the confusion. I try real hard not to be a jerk to people I don't know. Just saying.
Quote from: fastwin on April 10, 2009, 08:20:30 AM
Absolutely, in no way ever, was I referring to you as a low life. It was a general statement regarding the low levels of coverage in the State required insurance. I have had many conversations with friends over the years who have been in wrecks with folks that either had no insurance or they had the minimum level which did not cover the accident costs. Sorry for the confusion. I try real hard not to be a jerk to people I don't know. Just saying.
Ha whatever. get back on your jap bike and get the hell..... oh wait... nevermind.... [beer]
ok sorry.. had to lighten the mood a little
Quote from: ducatizzzz on April 09, 2009, 06:15:23 PM
If you sue the city over it, it will be dismissed and you will get citations for parking on the sidewalk. My point was that AMS ~~may~~ have ill-advised people to park on the sidewalk.
I don't know the facts, but when they are encouraging people to show up and ~~IF~~ they told them to park in a potentially unsafe way, they could be partly liable.
This has got to be the worst advice, ever, & you obviously have no knowledge of the facts.
The bikes were all legally parked in legitimate parking spaces, not the sidewalk, & in any case the responsibility is totally on the 2 cars.
Please, we already have plenty of frivolous lawsuits clogging the system, lining greedy lawyer's pockets, & making my insurance premiums go up as a result :P
Quote from: Duc L'Smart on April 10, 2009, 08:49:09 AM
This has got to be the worst advice, ever, & you obviously have no knowledge of the facts.
The bikes were all legally parked in legitimate parking spaces, not the sidewalk, & in any case the responsibility is totally on the 2 cars.
Please, we already have plenty of frivolous lawsuits clogging the system, lining greedy lawyer's pockets, & making my insurance premiums go up as a result :P
Additional facts were posted after my post. I am not familiar with AMS's parking situation, but in a similar incident in NY, a bike shop event had people parking on the sidewalk and curb in front of the shop. Old lady plowed into the bikes. Several of the bike owners sued the bike shop -- only the ones parked on the sidewalk got money.
Bike shop had the sidewalk (illegally) cordoned off and told ppl to park there.
I'm sorry if it offended you, but it has been a winning argument previously, but here the facts may be different it seems.
Either way, if a business invites people to come to an event and there is some evidence of negligence on their part which causes injury to the invitees, then the business can be held at SOME fault. Texas has a proportional contributory negligence law, so
IF a business there is found partially at fault, they can be held accountable.
Like I said though, the facts may be different enough to not warrant recovery.
given the parking situation at AMS and the events that came to pass that day, I don't see how AMS would be liable for any of it. Any system that holds them to any liability is flawed beyond belief. if that ends up being the case. I'm moving somewhere with a legal system that has a little bit of sense to it
Quote from: DLSGAP on April 10, 2009, 09:29:45 AM
given the parking situation at AMS and the events that came to pass that day, I don't see how AMS would be liable for any of it. Any system that holds them to any liability is flawed beyond belief. if that ends up being the case. I'm moving somewhere with a legal system that has a little bit of sense to it
thank you, Alec Baldwin... ;D
if you find a place with "sensible" laws and has some nice twisties then let us all know so we can move there and start another club.
It's not the law's that are a problem it's the culture.
I understand Jim not wanting to be out of pocket and that is why we have to insure ourselves against those who don't, not fair but such is life.
What I do not understand is the thought of suing AMS for what happened, as far as I see it the only ones to blame are the truck and car drivers. AMS are good enough to put on events for our benefit and I'm sure they would soon stop if someone did attempt to sue them.
We all have to make decisions in life and should not go around trying to place blame when something goes wrong. If you feel somewhere being offered as parking is not safe do not park there, don't sue the shop when something goes wrong.
Quote from: muskrat on April 10, 2009, 11:20:45 AM
if you find a place with "sensible" laws and has some nice twisties then let us all know so we can move there and start another club.
I'm just going to have to become a multi kajillionaire and buy the area around deals gap and make my own sovereign state
Quote from: DLSGAP on April 10, 2009, 12:16:05 PM
I'm just going to have to become a multi kajillionaire and buy the area around deals gap and make my own sovereign state
now that's a great idea
Quote from: muskrat on April 10, 2009, 11:20:45 AM
if you find a place with "sensible" laws and has some nice twisties then let us all know so we can move there and start another club.
that place exists.. :)
google Sealand [bow_down]
what about the good riding roads though? I doubt an old military fort will offer such luxuries.
This is mentioned only as an example of lawsuit goofiness and not intended to be directed at anyone here... end of disclaimer. [laugh] My ex-wife worked with an older woman many years ago who slipped and fell (clumsy oaf!!) in a wet parking lot she was walking across in downtown Dallas and broke her ankle. Yep, you guessed it... she got a lawyer and sued the owners of the parking lot and settled out of court for surgery costs and plenty of cash. She got pissed at me for criticizing her actions. :P [roll] What a world...
again, revoke licenses of these "Attorney's" and we're all set. here's an example of a bullshit lawsuit
http://www.jimadler.com/yamaha-rhino-accident-lawyer.html (http://www.jimadler.com/yamaha-rhino-accident-lawyer.html)
some people are just IDIOTS and should know better. there should be an IQ test for people buying stuff, hate to say it, no I don't.
Quote from: ducatizzzz on April 09, 2009, 06:15:23 PM
If you sue the city over it, it will be dismissed and you will get citations for parking on the sidewalk. My point was that AMS ~~may~~ have ill-advised people to park on the sidewalk.
I don't know the facts, but when they are encouraging people to show up and ~~IF~~ they told them to park in a potentially unsafe way, they could be partly liable.
Well these ARE parking spots, designated BY the city...for cars and/or other motor vehicles. The parking all along this street is this way and there was never any allowance made for some Dumb A** driving like an idiot down Industrial. With your thinking....there should not be a store front on the street either because a car might come through the front of the store...and that HAS happened in a number of places. You can't build everything to be safe from the few idiots that are lose on the roads..that is why they are required to have liability...not saying they did, but that is the purpose for it.
Quote from: Giannis on April 10, 2009, 01:48:15 PM
a car might come through the front of the store...and that HAS happened in a number of places.
I'm amazed at the amount of cars that crash into houses around here. You see it on the local news every other week.
As has been said, no one involved was parking on the sidewalk. But what if they were? That's even legal is some big cities.
What if I asked Scott at AMS for directions to the antique shop across the street and he told me to walk the the corner and cross at the cross walk, and as I walk out the door ON TO THE SIDEWALK SCOTT TOLD ME TO USE some (_+_) hole runs over me with a car? Should I sue AMS?
Of course not. Then why would I sue if my bike is parked on the sidewalk (though none were) and it gets squished by an errant truck or something?
It's one thing to say someone's to blame (the DRIVER), it's another to say someone, ANYONE, must pay if the driver doesn't.
Quote from: fastwin on April 10, 2009, 08:20:30 AM
Absolutely, in no way ever, was I referring to you as a low life. It was a general statement regarding the low levels of coverage in the State required insurance. I have had many conversations with friends over the years who have been in wrecks with folks that either had no insurance or they had the minimum level which did not cover the accident costs. Sorry for the confusion. I try real hard not to be a jerk to people I don't know. Just saying.
No problem - misunderstanding on my part. Having had a car totaled less than a year after moving to Texas by a guy who just had the minimum (was $15K in 1997) I've gone thru this before. Van hit my ex in my car knocked her into on-coming traffic and she hit another car that ended up off the road into a telephone pole. Both cars totaled and I got 1/2 ($7500) of his coverage - my insurance picked up the difference and our medical expenses. At least my rates didn't go up - that's why we have insurance. The problem with higher minimum rates is the cost goes up and those that can't afford it go without - it's a fine line as to how much to set the minimum at to make sure a good number of people are at least getting the minimum.
Boy this thread is getting combustible. Let me say that in no way have I ever indicated I would even look at suing AMS - I have my insurance paying for my bike less my deductible and they will go after either the car (who according to the cop at the scene would be held co-contributor) or the truck (if the driver is in fact covered) to get that back. My insurance company, like everyone's, has attorneys who know who they can get money from and who they can't. We have such a lawsuit happy society that people sue for anything these days - its absurd - suing McDonalds because the coffee is too hot, suing a dry cleaner (in DC) for millions because he lost a guys pants - I worked for the company that makes Massengale - we had a lady sue us saying she was lacerated because the plastic on the applicator hadn't been trimmed (no pun intended) properly - the lawyers saw she had a history of lawsuits (they can track that s*#) but the company was so afraid of bad publicity (this was shortly after the Tylenol scare) that they settled out of court for $100K - yes $100,000.00 - she had a doctor and an attorney who probably got most of it.
If my insurance company thinks that there is some way they can recoup money by going after AMS then that's up to them and not me.
All the damages were property so this is really a pointless discussion - had there been medical issues then you can bet there would attorneys crawling all over everyone who got hurt and then we could talk about some stuff.
By the way an interesting note (former research not related to this incident) - when you PAY to park somewhere and the slip has that little disclaimer saying they aren't responsible thats BS - you paid them they are liable. Remember the lady who got mugged in the Walmart parking lot - guess who had to pay - it was their responsibility as a busness to provide a safe area.
Yep, it's bad craziness out there for sure. You are absolutely right about the State minimum coverage issue. If people don't bother with having insurance now just think about how many more wouldn't have it if the coverage goes up. The policies will cost even more. It's a damned if you do, damned if you don't situation. I do like the new law here in Dallas that if you are in an accident and the police find you don't have insurance they will have your car towed and impounded. This of course fuels the market for fake and counterfit insurance cards. Pay the first month, get the card and voila, now you have insurance coverage! It's a racket. :P
(http://goorganicgardening.com/wp-content/uploads/worms-300x225.jpg)
Kudos to fastwin [thumbsup] - finally got the accident report. Already knew the truck was only insured for the state minimum - still a question if the driver was even covered. The kid in the car - no insurance and no drivers license - he got a few tickets (alot of good that will do). Got my insurance check - sucks that I'll never see my deductible [bang] for something that was not my fault but that's why I carry insurance. Over and done with now.
Gas can. Matches. Address of truck owner's business. Enough said.
I like how you think! [laugh] [thumbsup] "...revenge is a dish best served cold." Khan, Star Trek II
Maybe that's why the police never sent me the report in the first place ..... but now I have addresses for both drivers. [evil]
kid should go to jail for being an IDIOT
One out of three drivers in TX carry NO insurance whatsoever. Plan accordingly.
G.
Jail. that's a good plan to get people to pay
Quote from: fastwin on April 28, 2009, 11:07:13 AM
I like how you think! [laugh] [thumbsup] "...revenge is a dish best served cold." Khan, Star Trek II
If an injury has to be done to a man it should be so severe that his vengeance need not be feared.
Niccolo Machiavelli
Quote from: daddy Duc on April 30, 2009, 04:24:36 AM
If an injury has to be done to a man it should be so severe that his vengeance need not be feared.
Niccolo Machiavelli
[thumbsup] I like that
Quote from: daddy Duc on April 30, 2009, 04:24:36 AM
If an injury has to be done to a man it should be so severe that his vengeance need not be feared.
Niccolo Machiavelli
"This ravioli is terrible, I demand my money back!"
Niccolo Machiavelli
Oh The Prince. How I had to read several translations.
In the future, and by future, I mean in two years and a certificate announcing I passed the bar, if something like this happens, and by like this I mean a real clustermake the beast with two backs of motorcycle damage, I'll be happy to throw some pro-bono legal hours at it.
Most of these companies hope you are not invested enough in your property to pay more than its worth to get the right thing done. A little legal leverage is a good thing for the motorcyclists. Doesn't hurt that I think Insurance is a unconscionable form of legal gambling, where the house wins big, and has the option of paying out or not when you win.