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Old 10-04-2011, 01:40 PM
 
841 posts, read 2,136,725 times
Reputation: 385

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My husband was in a motorcycle accident in Charlotte last week on Queens Rd. Long story short - it's a 2 lane road and a landscaping truck with a bobcat on his trailer turned in front of my husband and his back trailer swung out into my husbands' lane. The trailer ran my husband off the road and he fell off the bike and was hurt. I just picked up the police report and the other driver is not listed since there was no physical contact. The insurance is also using the same language of 'no contact'. This is the first accident my husband has had and we're not sure how the whole thing works. It's been a few days and we have not heard back from the insurance company..but we're getting nervous because they keep saying there was no contact. Will this "no contact" thing be a problem for us?

We have a witness that gave the police her report and she said the same thing..that the other guy was in my husbands' lane - causing him to go on the curb and fall and slide.

I am debating whether we should go ahead and get a lawyer or not.
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Old 10-04-2011, 01:43 PM
 
47 posts, read 62,532 times
Reputation: 58
If you are talking about any kind of serious amount of money, 2xxx+ get a lawyer now. Otherwise it may be cheaper to just try and handle it yourself.
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Old 10-04-2011, 01:53 PM
 
841 posts, read 2,136,725 times
Reputation: 385
I am not even sure what the amount is. I am still waiting on the insurance guy to come look at the damages and give us an estimate of the total damage. The bike is not driveable so we can't take it anywhere.
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Old 10-04-2011, 01:57 PM
 
47 posts, read 62,532 times
Reputation: 58
Quote:
Originally Posted by Samana View Post
I am not even sure what the amount is. I am still waiting on the insurance guy to come look at the damages and give us an estimate of the total damage. The bike is not driveable so we can't take it anywhere.
IANAL but I have been screwed by insurance before. Organize everything from day 1, keep all documentation, make sure to have that witness's phone/address in case you need it.

The more info you have and the better you will be able to access will be invaluable going forward. If you have a family friend or some one who could get you in with a lawyer for some free face time I would do that.
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Old 10-04-2011, 07:03 PM
 
58 posts, read 128,414 times
Reputation: 60
I would hope that "no contact" would be treated as "no fault" but I fear that instead they would treat it the same as an accident with an inanimate object. When we lived in AZ, I was driving along a dark suburban thoroughfare and passed over a piece of metal laying in the roadway. Never saw it until it was too late. It popped up and actually knocked a hole in the fuel tank. I called Geico and they told me since there was no one else to blame, it could only be my fault. Apparently their system only has "Us" and "Them" as options. :-) I hope things work out for you. I don't suppose the other driver stopped, provided information, etc?

Uggh.
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Old 10-04-2011, 09:12 PM
 
841 posts, read 2,136,725 times
Reputation: 385
The other driver did stop and waited for the police....he did admit to the police that he might've been over on my husbands lane a little...but I still don't understand why he wasn't listed as a party to the accident. I almost would have rather that he left the scene.
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Old 10-05-2011, 06:20 AM
 
Location: NC
6,032 posts, read 7,530,799 times
Reputation: 6350
There is a motorcycle attorney in Charlotte his name is Bill Karney, Karney law firm.
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Old 10-05-2011, 08:20 AM
 
841 posts, read 2,136,725 times
Reputation: 385
Quote:
Originally Posted by Suncc49 View Post
There is a motorcycle attorney in Charlotte his name is Bill Karney, Karney law firm.
Thank you! I will be holding on to this name - and depending on the insurance outcome, I might have to contact him.
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Old 10-05-2011, 08:31 AM
Status: "On The Lookout" (set 24 days ago)
 
Location: The Triad (NC)
28,400 posts, read 61,782,091 times
Reputation: 31960
Quote:
Originally Posted by Samana View Post
... turned in front of my husband and his back trailer swung out into my husbands' lane.
Are you saying the truck and trailer made an illegal turn across another lane of traffic?
(That f'rinstance they turned left from the right lane and blocked the traffic in the left lane?)

Because what you described sounds more like your husband was following too close...
or going too fast for traffic conditions... or just wasn't paying attention to what was happening around him.

At best, your situation sounds like "contributory negligence" and in general a lot of he said/she said.
(absent someone with video of the whole thing showing otherwise)

hth
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Old 10-05-2011, 08:37 AM
 
525 posts, read 766,118 times
Reputation: 415
It sounds like the truck driver made a bubble turn which is illegal. When driving a motorcycle one really needs to look out even more, most really don't know how to drive safely.
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