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.

Kudos to fastwin  - 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  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! "...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. 

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! "...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