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Monster hit while parked, AllState refusing to pay!!

Started by mooshichoctaw, October 07, 2011, 12:14:08 PM

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Slide Panda

I agree that you should edit the captions on your video to make it clear that you're doing a demo, and parking even closer to that zipcar you've got by way of over blown example. Don't under estimate the power of stupid folk.

But besides that... that guys claim is just ass. The vibrations fro his car knocked it over? Puh-lease. A duc vibrates more on it's own at idle than any car could even impart that isn't in physical contact and street legal. The physics just don't work. The forces generated my a starting car, transmitted through air are hardly enough to move a feather.
-Throttle's on the right, so are the brakes.  Good luck.
- '00 M900S with all the farkles
- '08 KTM 690 StupidMoto
- '07 Triumph 675 Track bike.

fastwin

That last post translates: It's total bullshit! [thumbsup]

I'm not believing any reputable insurance carrier would actually claim that as a viable cause for the acccident. [roll] I'm sticking with the marsh gas explanation. [laugh] Seriously, make the beast with two backs 'em get a lawyer.
I plan to list the Federal Gov't. as a dependent on my next 1040 tax filing!

I have flying honey badgers and I'm not afraid to use them!

The fact that flame throwers exist is proof that someone somewhere said "I'd sure like to set those people over there on fire but I'm just not close enough to get the job done."

CONFIDENCE: the feeling you have right before you understand the situation.

Howie

Forget the video for now.  A letter from a lawyer to Allstate will work better.  Save the video for a court date.  If the claim is small enough small claims court will do.

Heath

Grr I hate All State.  Some uninsured lady, on her cell phone blew a yield sign and hit my wife.  The lady lied about the sign and said my wife came out way too fast and wasn't watching where she was going.  They put my wife at most the blame and ended up paying out to the other lady.  I think they just did it to try to get her business.  Come on now if the lady can't afford cheap insurance how is she going to afford All State.

As for your claim I would just keep fighting.  Regardless where and how you parked if they hit you they hit you.
2007 Ducati Monster S4RT
2006 Ducati Monster S2R800 Dark [sold]

Howie

Quote from: howie on October 07, 2011, 10:08:37 PM
Forget the video for now.  A letter from a lawyer to Allstate will work better.  Save the video for a court date.  If the claim is small enough small claims court will do.

Wow, quoting myself :P 

Before the lawyer letter send them photos of the damage to both sides of the bike and ask them to explain.

Back when I was much younger I was driving my Dad's car in the right lane of a parkway.  Someone hit the rear right fender entering the parkway from the entrance ramp.  The other driver said I hit him.  My dad asked them why their client's car has damage to the front and his car has damage to the rear.  End of case.

sgollapalle

The other thing you learn from experience, is not to reveal relationships in police reports. xyz watched this happen and is willing to testify. End of story!
'11 M-696

philsu

Question:  If AllState is admitting that the exhaust of their insured knocked your motorcycle over, doesn't that make their insured the proximate cause of your motorcycle's damages? 
2012 SF848

corey

Quote from: philsu on October 12, 2011, 12:33:40 PM
Question:  If AllState is admitting that the exhaust of their insured knocked your motorcycle over, doesn't that make their insured the proximate cause of your motorcycle's damages? 

Yes it does. I don't think there are any laws stating how close you can or cannot park to another vehicle, are there?
That's like a wheel falling off my car and rocketing down the sidewalk, damaging 3 or 4 cars and hitting a small child... and me saying that those cars shouldn't have parked in the area where my wheel could have gone, and that the small child should have been inside because sometimes wheels fall off cars.

absurd.
boo allstate.
When all the land lays in ruin... And burnination has forsaken the countryside... Only one guy will remain... My money's on...

Scooter Montgomery

2003 620 Half Dark/ Half Silver 35,000 happy miles

mooshichoctaw

THE VIDEO WORKED!! I got a call from Allstate this morning saying they had reviewed the video and everything else, and that they would be sending me a check for the full amount! Thanks for everyone's advice, lots of lessons learned.

MikeZ

'03 M1000Sie (in need of a bath), '71 Honda CB500 (the Project), '10 Tiger (the tourer)

Triple J

Quote from: mooshichoctaw on October 13, 2011, 11:40:34 AM
THE VIDEO WORKED!! I got a call from Allstate this morning saying they had reviewed the video and everything else, and that they would be sending me a check for the full amount! Thanks for everyone's advice, lots of lessons learned.

[thumbsup] [thumbsup] [thumbsup]

sgollapalle

Quote from: mooshichoctaw on October 13, 2011, 11:40:34 AM
THE VIDEO WORKED!! I got a call from Allstate this morning saying they had reviewed the video and everything else, and that they would be sending me a check for the full amount! Thanks for everyone's advice, lots of lessons learned.

Good luck with it all!
'11 M-696

herm

Quote from: mooshichoctaw on October 13, 2011, 11:40:34 AM
THE VIDEO WORKED!! I got a call from Allstate this morning saying they had reviewed the video and everything else, and that they would be sending me a check for the full amount! Thanks for everyone's advice, lots of lessons learned.

[clap]
[beer]
[Dolph]
Never wrestle with pigs. You both get dirty, and the pigs like it...

Slide Panda

Quote from: fastwin on October 07, 2011, 03:36:10 PM
I'm thinking trash the SUV and claim it was your Duc's exhaust noise that did it.

I've referred to my exhaust as 'thumpy' a number of times... I guess this might be a literal translation.

Glad to hear that sanity ruled the day and you got paid mooshichoctaw. I still have trouble with the fact that they bought that dudes story.. but at least the good guys won in the end.
-Throttle's on the right, so are the brakes.  Good luck.
- '00 M900S with all the farkles
- '08 KTM 690 StupidMoto
- '07 Triumph 675 Track bike.