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Dr Evil |
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#1
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Send me your transmission! ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Members Posts: 23,041 Joined: 21-November 03 From: Loveland, OH 45140 Member No.: 1,372 Region Association: MidAtlantic Region ![]() ![]() |
I know that there are some people on here that are lawyers and insurance adjusters and I was hoping that some of you could help me.
The story: I was exiting the freeway (805N to Balboa West) when a guy with a little nissan truck decided that he wanted to be where I was in the exit lane. He merged into me and totaled my bike. Winesses say that I got 10' of air, but I don't remember that part. There is no question of who was at fault and his company has accepted total responsability. The adjuster is coming over on wednesday to look at my personal effects that were destroyed/damaged during my dancing lesson with the truck. Items include: Watch, cell phone, boots, helmet, jacket, and pants. Nothing that crazy, and I am not claiming to have been waring a Rolex. The problem (bend over) (IMG:style_emoticons/default/mad.gif) : The adjuster is already talking about "depreciated value" for my effects. I have been hit by one RV, one car, and now a truck and I have never heard of an adjuster offereing depreciated value for a helmet, pants, watch, etc. How the hell do you figure out the depreciated value? (hypothetical)Him, "well, from what is left of your pants, I can tell that they were purchased two years ago (even though they are the same type available today and are not that old). So, well figure $40 as the original price minus $21 a year since jeans are a work type of clothing, leaving you owing us $2 for hitting you <_< " My effects are not expensive ones, and I would like to just get enough to replace with the exact same make and model. Is this fair? What is my recourse if I do not agree? I also did not go to the emergency room as I am pretty knowledgable about emergency medicine and assesed my self. I did this for many reasons; I dont believe in clogging the ER for superficial wounds that I KNOW how to treat, I dont believe in going to the ER to get a bigger settlement, I had no intention of getting a lawyer to sue for "three times the amount". I like to be responsable and to only collect on what I am due. I am getting the feeling that I should have sued the crap out of them. With not going to an ER it seems that I am not going to get any pain and suffering either. All I want is the $425 that my salvage cost me, not thousands. Do I have a claim for pain and suffering? I was messed up for a little over a week, and was missing part of my hide, but that is almost all grown back by now. Any help would be greatly appreciated. -Mike |
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Dr Evil |
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Post
#2
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Send me your transmission! ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Members Posts: 23,041 Joined: 21-November 03 From: Loveland, OH 45140 Member No.: 1,372 Region Association: MidAtlantic Region ![]() ![]() |
It is gonna be hard for us to determine how long I have owned such things. I think that if there is a market for an item used then it makes more sence when they depreciate an item, but if I take exquisite care of, say, my watch and then I am no longer able to use it and it is "too old" to be truly compensable then how fair is it that "oh well" you lose. I just want my stuff. I want my life as close to how it was before this dumb ass hit me. No more, no less.
Rich, you think I could ask for a grand? Sounds nice. I wasn't wearing anything extravagant, thats what bothers me. All of this trouble and he may save $150-200 tops, but it is the difference between me getting a replacement or nothing. Kind of penile. I dont think that the new for used swap should be universal, just for the smaller ticket items. Arguing over a pair of pants seems to me to be extrordinarily petty. Thanks for all of your comments. Since the items are cheap, could I sue the company in small claims? No lawyers fees. |
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Lo-Fi Version | Time is now: 3rd July 2025 - 08:48 PM |
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