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Got Sued for about 330K ... shockin amount ... Need advice (pg. 5)
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| sixtysix |
| quote: | Originally posted by teufel-man
i have a very similar story, i was hit by a car going approx. 50 km, but i wasnt intoxicated. doctor also said i was lucky i didnt die, i got lucky and i jumped and hit the windshield thank god, which gave in so i didnt get too hurt.... but yeah now my shoulder is ed, i throw a baseball once and my arms just kills, i think the problem is my rotator cuff too..... but yeah the cop gave me a j-walking ticket, therefore putting the blame on me so i couldnt sue the guy... |
I love how you get hit by a car and injured and then to top it off YOU get fined for j-walking. |
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| Moral Hazard |
| quote: | Originally posted by Dj Smitty20
back in September, I was hit by a car at about 50kmph while I was walking across the road very intoxicated. I went to the hospital with a mild concussion and some cuts, sore muscles but the doctor in Emergency said he was amazed that I came out so well (I was pretty lucky not to have been killed actually).
Anyway two months down the road I noticed my shoulder became more stiff and sore, especially in the morning. Eventually I went to the doctor and they did some tests and just like that, torn rotator cuff. Muscle damage is so fickle and doesn't always show up right away! |
FYI, you can still advance a claim. A torn rotator cuff is worth $60-80K depending on whether it is partial or full thickness and whether is requires surgical intervention or not. A $30K deductible applies to that so you're looking at $30-$50K... plus some money for housekeeping, special damages, wage loss (if you lost any), loss of competative advantage (possible depending on injury and individual circumstances). The fact that you were intoxicated makes very little difference as a motorist is always at fault for a collision with a pedestrian unless they can prove otherwise... which in my experience only happens if the pedestrian is attempting suicide or runs into a parked vehicle. If you were crossing anywhere other then a crosswalk then you'll be found to be partially liable and will have a reduction in your award pro rata to your liability (likely 20-30%). I'd call a lawyer if I were in your shoes. |
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| Tordan |
| quote: | Originally posted by Skipper
In any case, can we please try to stop giving legal advice? I can't emphasize enough how important it is to go get a lawyer RIGHT NOW. |
I'm actually glad extacy_bomb started this thread. Something like this has never happened to me and god forbid if something does, then at least I know what to consider and who I should be talking to. This message board is all about sharing our experiences, good or bad. It helps make us all more aware. I'm sure he's smart enough to know everything said here should be taken with a grain of salt. At least now he knows what his options are and where he should start looking. extacy_bomb, hope everything goes well for you man. good luck. |
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| Dj Smitty20 |
| quote: | Originally posted by teufel-man
i have a very similar story, i was hit by a car going approx. 50 km, but i wasnt intoxicated. doctor also said i was lucky i didnt die, i got lucky and i jumped and hit the windshield thank god, which gave in so i didnt get too hurt.... but yeah now my shoulder is ed, i throw a baseball once and my arms just kills, i think the problem is my rotator cuff too..... but yeah the cop gave me a j-walking ticket, therefore putting the blame on me so i couldnt sue the guy... |
apparently I was running around the street like an idiot, it was raining and the guy who hit me was tired he said. But my friends maintain that he lane changed right into me almost as if it was on purpose (they were also wasted). I don't remember anything at all except getting up and asking why we were in the middle of the street in the rain.:nervous:
We never thought to get his license but in all likelihood if I had even bothered or wanted to sue I would have looked foolish. My rigth shoulder is definitely damaged, although it's much better if I exercise it every day (still haven't bothered with physio). |
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| MarkT |
| quote: | Originally posted by Moral Hazard
PLEASE TRY TO UNDERSTAND THIS - When one purchases an Automobile Liability insurance policy they bestow upon their insurer IRREVOKABLE power of attorney for all Tort claims advanced against them resultant from any incident involving the subject motor vehicle. Independently consulting counsel is NOT ADVISABLE. He should, nay MUST, contact his automobile liability insurer IMMEDIATELY. The INSURER has the EXCLUSIVE right to defend or pay claims and direct counsel for all claims within the scope of the policy. If he infringes upon those rights he voids his protection.
Your recommendation that he consult someone is sound, unfortunately you are recommending the wrong person. That said, any lawyer he talks to will tell him the exact same thing I have... CALL YOUR INSURANCE COMPANY! |
ahhhhh...interesting. so can you comment on this info below from the FSCO site? Does this mean that the insurer can deny payment to cover vehicle damage or loss in the event that the driver is convicted of a crime (negligence, impairment, etc)?...and what you're saying is that they can't deny liability coverage, even if guilty of a crime?
http://www.fsco.gov.on.ca/english/i....asp#exclusions
| quote: | Your insurance company is allowed to deny payment for loss or damage caused to the vehicle in an accident, if you or anyone you let drive your vehicle:
was unable to maintain proper control of the vehicle because you (or he and she) was driving under the influence of alcohol or drugs, or
is convicted of one of the following Criminal Code offences (or any similar offences under any other law in Canada or the United States) relating to the use, care, or control of the vehicle:
- causing death or injury by criminal negligence,
- dangerous operation of a vehicle,
- failure to stop at the scene of an accident,
- driving a vehicle when impaired or with more than 80 mg of alcohol in the blood,
- refusal to provide the police with a breath sample,
- causing injury when driving a vehicle while impaired or with over 80 mg/100ml of alcohol in the blood, or
- driving the vehicle while disqualified from doing so.
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| Dj Smitty20 |
| quote: | Originally posted by Moral Hazard
FYI, you can still advance a claim. A torn rotator cuff is worth $60-80K depending on whether it is partial or full thickness and whether is requires surgical intervention or not. A $30K deductible applies to that so you're looking at $30-$50K... plus some money for housekeeping, special damages, wage loss (if you lost any), loss of competative advantage (possible depending on injury and individual circumstances). The fact that you were intoxicated makes very little difference as a motorist is always at fault for a collision with a pedestrian unless they can prove otherwise... which in my experience only happens if the pedestrian is attempting suicide or runs into a parked vehicle. If you were crossing anywhere other then a crosswalk then you'll be found to be partially liable and will have a reduction in your award pro rata to your liability (likely 20-30%). I'd call a lawyer if I were in your shoes. |
it's a partial tear, at least that's what they say they can see from the ultrasound. When I say I was intoxicated, I mean really REALLY intoxicated. I mean top 3 disgustingly wasted times of my life, possibly the most ever. I have no memory of what happened except that we were running around the street in the rain like morons. We didn't get his license plate and the police were never involved.
I guess I should regret that now. |
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| Skipper |
| quote: | Originally posted by Moral Hazard
PLEASE TRY TO UNDERSTAND THIS - When one purchases an Automobile Liability insurance policy they bestow upon their insurer IRREVOKABLE power of attorney for all Tort claims advanced against them resultant from any incident involving the subject motor vehicle. Independently consulting counsel is NOT ADVISABLE. He should, nay MUST, contact his automobile liability insurer IMMEDIATELY. The INSURER has the EXCLUSIVE right to defend or pay claims and direct counsel for all claims within the scope of the policy. If he infringes upon those rights he voids his protection.
Your recommendation that he consult someone is sound, unfortunately you are recommending the wrong person. That said, any lawyer he talks to will tell him the exact same thing I have... CALL YOUR INSURANCE COMPANY! |
You like capslock!
Tordan, I can't elaborate, but trust me that you don't want personal like this online. Just trust me. I'm sure YOU find it beneficial but the thread wasn't started to help you and it shouldn't be kept to help you either.
Don't learn the hard way how your online posts can bleed into the real world. |
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| ChemEnhanced |
| quote: | Originally posted by Moral Hazard
Intoxication DOES NOT void any motor vehicle LIABILITY coverage in any Canadian province or territory. |
Correct....even if you are convicted the Liability coverage is still in place....any coverages for physical damage to your own vehicle will be affected. |
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| ChemEnhanced |
| quote: | Originally posted by Moral Hazard
FYI, you can still advance a claim. A torn rotator cuff is worth $60-80K depending on whether it is partial or full thickness and whether is requires surgical intervention or not. A $30K deductible applies to that so you're looking at $30-$50K... plus some money for housekeeping, special damages, wage loss (if you lost any), loss of competative advantage (possible depending on injury and individual circumstances). The fact that you were intoxicated makes very little difference as a motorist is always at fault for a collision with a pedestrian unless they can prove otherwise... which in my experience only happens if the pedestrian is attempting suicide or runs into a parked vehicle. If you were crossing anywhere other then a crosswalk then you'll be found to be partially liable and will have a reduction in your award pro rata to your liability (likely 20-30%). I'd call a lawyer if I were in your shoes. |
Remeber, an Accident Benefit Claim will have to be submitted before proceeding with the Tort claim. |
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| Moral Hazard |
| quote: | Originally posted by MarkT
ahhhhh...interesting. so can you comment on this info below from the FSCO site? Does this mean that the insurer can deny payment to cover vehicle damage or loss in the event that the driver is convicted of a crime (negligence, impairment, etc)?...and what you're saying is that they can't deny liability coverage, even if guilty of a crime?
http://www.fsco.gov.on.ca/english/i....asp#exclusions |
Driving while intoxicated will void your Part 7 (physical damage) coverage.
Liability coverage can only be denied if:
1) there is a general exclusion applies (carrying expolsives or radioactive material, using the vehicle to carry paying passengers, the driver does not have permission to drive the vehicle, you are renting the vehicle to someone without permission of the insurer, it is driven by a garage worker, the vehicle is being used in warfare)
2)you fail to meet your requirements under section 3.4 of the policy (these are reporting requirements and legal requirements to assist in your defence)
3) you violate a statutory condition (most notable are prohibited use and lack of authority to drive, however, there are a lot of other possible violations... like if you lied to the insurance company when getting insurance or failled to notify them of an accident, etc) |
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| ChemEnhanced |
| quote: | Originally posted by MarkT
ahhhhh...interesting. so can you comment on this info below from the FSCO site? Does this mean that the insurer can deny payment to cover vehicle damage or loss in the event that the driver is convicted of a crime (negligence, impairment, etc)?...and what you're saying is that they can't deny liability coverage, even if guilty of a crime?
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I'm glad to see some people actually go on the FSCO site |
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