Legal Question in Personal Injury in Tennessee

motorcycle crash

i had a driver of an automoblie pull in front of me on a motorcycle.he was ticketed for failure to yeil,on the scene also verbaly admited he pulled out.this was in nov.of 06,i struck his car in the door at about 45 mph.i did not take an ambulance ride.i have since had some dr and physical therept visits.at this point i have so much as to get a dime from his ins company.ive made now 8 payments on a brand new harley that is by the ins company totaled.after 7 mnths of fighting i got them to cut me two checks,one for the payoff of the bike the other the remainding balance of the nada at the time of the crash.when i went to collect they gave me a power of attorney to sign for the title of the bike and then gave me a release statement.which i wouldnt sign.so they refused to give me the checks,but of course they ask me to sign the check for the title,i declined.anyway now 8 mnths later i still am without my daily transportation and have dr visits everyweek because of this.if i hire an attorny localy they all want one third the settlement which i dont have a problem with,but if i loose one third the value of my bike i may still be without a ride in the end.long story i know ,any advice for now would very grateful


Asked on 5/03/07, 11:51 pm

3 Answers from Attorneys

Roger Krause Krause & Witcher

Re: motorcycle crash

I am sorry you were hurt due to the failure of automobile driver.

Your concern amount the attorney fee is reasonable. A customer focused attorney will structure the client-attorney contract in a manner to address this issue.

Because your collision was a serious one, causing both property damage and personal injury, I would suggest that you retain an attorney. Depending the facts of the case, you will most likely recover more money, with an attorney, than without an attorney.

Best regards

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Answered on 5/08/07, 9:51 am
David Glass Law Offices of David H. Glass, LLC

Re: motorcycle crash

As you have discovered there are two aspects to any accident claim. First, there is a property damage claim and second a bodily injury claim. You absolutely did the right thing in refusing to sign the release. The language in that release may have indicated a waiver of a right to follow through on the bodily injury settlement.

Since it appears you have already negotiated the property damage claim, I would be willing to read the release and make any appropriate changes for free. However, on the personal injury claim, my firm does charge 28%. If you would like to have a free consultation, please give me a call at 4045299081.

Sincerely,

David H. Glass

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Answered on 5/07/07, 9:03 am
Charles W. Field Charles W. Field, Attorney at Law

Re: motorcycle crash

You have to decide whether to hire an attorney or act as your own. You should at least consult with an attorney to see if it makes sense regarding your bike. E.g., depending on the jurisdiction, there MAY be grounds for imposition of penalties including attorneys for bad faith refusal to settle.

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Answered on 5/04/07, 9:12 am


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