Post accident update | Page 2 | GTAMotorcycle.com

Post accident update

?..So his insurer SF will end up paying for all my claim pus any other claims, (not sure if the other car hit or was hit by his bike, the one that ran his foot over).

Nope, in Ontario, your own insurance company pays for your medical and for your collision repair (or payout). Direct Compensation Property Damage. Theory is that average payouts to their own clients plus settlements with at-fault parties would wash out overall, hence there is savings vs a litigious process.
 
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hedo2002: Sorry to hear about your accident. Though the injuries sound relatively minor compared to one involving a car, it is a bit extra sad to hear that another motorcyclist was so unskilled as to do that.

And I've been with TDMM before as well, had to make claims, and the service was shockingly poor on my end. Just weeks of delays, inaccurate information, "check is in the mail" and then a week later telling me "the check will be issues this week", no returned calls, handler apparently no longer working with the company part way but no one answering her VMs for or letting me know who I'm supposed to talk to in her place...

In my experience, TDMM gives me the best rates but you have to pray a bit extra hard to never actually have need for them, I find. My broker at Merit Insurance was super-responsive when my bike was backed into when street parked. Just want to agree with everyone else: Do not let up on TDMM. Apparently, coverage is only for those who want it badly enough.
 
So, we pay the highest insurance rates in North America, and we get treated like this. This is the superior for - profit private business model right wingers love.
Insurance is great, until you actually need it. They make money in a simple model: take money for nothing, and don't pay.
What's backing up this behavior is a complete lack of laws protecting the insured from expedient claims settlement. Instead, we continually get laws cutting benefits to ontario motorists on the promise of lowering rates...which has never happened in my lifetime.

We need to purge ontario of these parasites, but we even elected a premiere who promised to do this, and he did nothing. All political parties get huge contributions from the insurance racket, and billions in profits exit Canada every year. This happens because we just take it.
 
Nope, in Ontario, your own insurance company pays for your medical and for your collision repair (or payout). Direct Compensation Property Damage. Theory is that average payouts to their own clients plus settlements with at-fault parties would wash out overall, hence there is savings vs a litigious process.

Well I was informed, by TDMM that this isn't the case at all. They go after SF to pay all the claims in this accident as their client was 100% at fault, including my deductible. I know when I was rear ended in my cage 20 years ago, the other drivers company was on the hook for the three vehicles she totaled as well as all costs associated with the claim.

Although our system is called "no Fault" it really isn't no fault. Fault is assigned under the FDR, (Fault Determination Rules), as set out by the FSCO, to the insurance companies. Now I agree partially in your assessment, that SF isn't "delivering a cheque" to TDMM for this claim but they likely settle the accounts at the end of a month or quarterly. But rest assured the accounts do get settled any private company isn't going to "guess" that they amounts will "wash out" and just "write it off". There is no litigation involved between the insurers over this as the guidelines are pretty clear under the FDR.

Hence why my rates will not increase nor does it affect my accident forgiveness benefit, from TDMM. But the other riders rates WILL increase.

iFly55: Yes I doubt they will roll over and say sure your going to get bumped up to the $50,000 level just because I don't agree my injuries will be healed under the $2200 figure. But that is why I am seeking legal advice. If nothing else then to make sure my rights are protected and I get the proper level of treatment. I am not looking to "cash out" on this or get anything more than I am entitled to and deserve. If it takes a while to get settled then so be it. I am not looking to get "rebuilt" I am a 52 year old guy with aches and pains, but I deserve to be treated to get get me back to the level I was at pre accident.

I am sure the lawyers will be looking at all possible alternatives, and remedies for me. Although generally I dislike lawyers..lol I firmly believe that you use professionals in any field when they are needed. They know the routine and the "games" to play.
 
So is TDMM your insurer? I can share my very recent experience with them as it somewhat relates. My claim was the "hit and run" about a month ago. What I found in common with your experience is the adjuster took forever to speak with me. By time she got back to me via phone, I had already sent the bike over to GP for repairs and sent in the police report. I basically spent the 5 minute phone call updating her with what was happening while she typed it all in to the system.

To give you perspective, It was about a week and a half until the adjuster spoke with me. She was pleasant, but terribly slow to touch base. On the other hand, the appraiser was quick to assess the damage with the dealer though - which was awesome as it kick started the repairs ASAP.

GWS and good luck with your insurance company.
 
Hence why my rates will not increase nor does it affect my accident forgiveness benefit, from TDMM. But the other riders rates WILL increase.

I was in this situation years ago with a rear-ender on a new car where the other driver was 100% at-fault. The claim does appear on the records for 6 years and if you change insurance companies, it can be an issue. Also, it got the car flagged as a "major collision repair", which cost me $1500 or more years later on the value when I traded it in. No insurance company pays for that.
It is also my experience that insurance companies behave VERY differently when a lawyer is retained. Remember, the insurance industry is about f-cking people over as much as possible, and they are very good at bending laws and rules.

I would advise anyone to get a lawyer or paralegal on a personal injury claim.
 
Well I was informed, by TDMM that this isn't the case at all. They go after SF to pay all the claims in this accident as their client was 100% at fault, including my deductible....

When both parties have an Ontario Automobile Insurance policy, the DCPD applies. You recover from your insurance company, you have no right to sue to recover, and your insurer cannot subrogate to the other company.

As you are 100% not at fault, you recover under DCPD. The other party would only be covered if they have collision. A 50%/50% fault determination would result in you getting 50% costs from DCPD and 50% from your collision coverage (if any) and the same for the other party.

This went into place in the 90's. I believe it makes the insurance companies more picky on their clients as they will have to pay out and as you say 'it may not wash out'. Serves us right for voting the NDP in back then.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90i08_e.htm#BK277

Ontario Insurance Act

Direct Compensation — Property Damage
263.
(2) ...an insured is entitled to recover for the damages to the insured’s automobile and its contents and for loss of use from the insured’s insurer under the coverage described in subsection 239 (1) as though the insured were a third party.
(5) (a) an insured has no right of action against any person involved in the incident other than the insured’s insurer for damages to the insured’s automobile or its contents or for loss of use;
(b) an insurer, except as permitted by the regulations, has no right of indemnification from or subrogation against any person for payments made to its insured under this section.

 
When both parties have an Ontario Automobile Insurance policy, the DCPD applies. You recover from your insurance company, you have no right to sue to recover, and your insurer cannot subrogate to the other company.

As you are 100% not at fault, you recover under DCPD. The other party would only be covered if they have collision. A 50%/50% fault determination would result in you getting 50% costs from DCPD and 50% from your collision coverage (if any) and the same for the other party.

This went into place in the 90's. I believe it makes the insurance companies more picky on their clients as they will have to pay out and as you say 'it may not wash out'. Serves us right for voting the NDP in back then.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90i08_e.htm#BK277

Ontario Insurance Act

Direct Compensation — Property Damage
263.
(2) ...an insured is entitled to recover for the damages to the insured’s automobile and its contents and for loss of use from the insured’s insurer under the coverage described in subsection 239 (1) as though the insured were a third party.
(5) (a) an insured has no right of action against any person involved in the incident other than the insured’s insurer for damages to the insured’s automobile or its contents or for loss of use;
(b) an insurer, except as permitted by the regulations, has no right of indemnification from or subrogation against any person for payments made to its insured under this section.


We are talking apples and oranges here I am not talking about damage to a vehicle, Those have been covered. Although my insurer despite what the section you have posted, (I don't have time to research when that was put into place or if it is even valid today), have assured me that the other rider's insurer in this case state farm, is liable for ALL costs associated with MY claim, (there may be additional claims as a third vehicle was involved, after the initial contact with my bike.

As we know insurers aren't "supposed" to use things like credit ratings nor are they supposed to base your premium on how long you have been insured, (as per the insurance act), but they do. They will gladly tell you these are "guidelines". They then do as they please. They even advised IF , (as was initially expected he wasn't insured they would pay LL my costs except the deductible and then they would go after him to recover the funds. So does it make sense they would go after him for the damages but let SF "skate". The accounts ARE settled even if only on paper, they don't just "hope it all balances out in the end"..lol hey have shareholders to answer to. as well as the FSCO. Not to mention CRA. I do contract work for a company and I rent space from them where I do this work as well as operate my own company. It is generally within a few dollars what they owe me or I owe them, at the end of each period but we MUST still reconcile the amounts for our book keepers and Revenue Canada. It is primarily, "paperwork" rather than me handing them the cash and they hand it back to me. But it MUST be done, and accounted for.

But if you believe they don't settle amongst the various companies then that is your right, I am not here to change your mind. I am aware of what BOTH adjusters have advised me.

The portion pertaining to subrogation of claims is intended to stop claimants from collecting from their auto insurer as well as say a company health plan if they are off work etc. The adjuster has already asked if there was "anyone else" who could pay the claim, IE workers comp, company plan etc etc etc. I said workers comp wouldn't even be involved as it was not workplace related....lmao they try to wiggle out at every opportunity.

I agree CafeRay, no one should ever sign anything without a free legal opinion. Why give up your rights. They are there to protect you, and ensure your treated fairly
 
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i was in an accident back in 2010 i believe, i still show signs of injury to this day as well as my treatment took half a year, 6 months of chiropractor treatment with 4months of psysio in between, i guess they wanted me to do it quickly as well since i was going through insurance... expensive stuff
 
Well I just got off the phone with my dealer. Back order parts were supposed to arrive tomorrow. Wanted to ensure they knew I wanted bike back for the weekend. Parts were ordered 30 Jun. Yamaha system said delivery to the dealership tomorrow.

Service manager, said funny your calling I just got an update end of day yesterday. New anticipated delivery date for the parts... 20 SEPT!!!!!!!!!! I am ****** I immediately called Yamaha Canada waiting for them to get back to me, (I spoke to a rep who is investigating the delay). Also the saddle bag which was damaged is NOT AVAILABLE anymore. Waiting to see how insurance is going to deal with that one..lol

Ironically I emailed a parts source in the USA and they say there is ONE header pipe left in Yamaha's Japan Warehouse and they can have it in my hands in 2 weeks..lol
 
Well I just got off the phone with my dealer. Back order parts were supposed to arrive tomorrow. Wanted to ensure they knew I wanted bike back for the weekend. Parts were ordered 30 Jun. Yamaha system said delivery to the dealership tomorrow.

I got the same news from GP. They are now telling me another month until the part is in stock. Fingers crossed for both of us to get back on the road before winter!!
 
I will know in the morning for sure if the part is in stock in Yamaha's Japan warehouse. If it is then I am going to INSIST they over night to Canada. The other parts, Gas tank and Saddle bag I can live with until that parts arrive later. At least bike will be ride able.

I got the same news from GP. They are now telling me another month until the part is in stock. Fingers crossed for both of us to get back on the road before winter!!
 
This went into place in the 90's. I believe it makes the insurance companies more picky on their clients as they will have to pay out and as you say 'it may not wash out'. Serves us right for voting the NDP in back then.

No Fault was a bill written up and passed by the Liberals, and the Ontario Liberals have been in the back pocket of the insurance companies for at least 40 years.
Rights were further degraded under the Harris Tories.
Right now, the NDP is making weak, pointless, noises about a 15% reduction, but that would still leave us the most expensive insurance in North America.

In many US states, the postion of government insurance regulator is directly elected.
 
OP - sorry to hear. I hope you get well soon.

Except the "concept" of loud pipes save lives, is that the cagers hear you coming and stay away from you. So you have proven this "concept" incorrect because cagers keep bumping into you..lol Maybe they are just trying to stop the annoying noise emitting from your bike?? lol My riding buddy last season subscribed to the loud pipes concept. He has way more close calls than I do with my stock quieter pipes. Maybe your subscribing to this concept is the reason for the accidents? You now think that the loud pipes will "save" you, therefore your wrapped in the false sense of security making your riding skills less honed as your relying on the pipes to prevent collisions rather than rider skill?

Now I am sure your convinced of this concept and nothing we say will change your mind, just as I am sure your convinced all the other drivers were 100% responsible for the collisions. But in 30+years of riding I have never had a collision nor have I ever had to resort to loud pipes to "save" me. Remember the old adage 3 strikes and your out. May be time to rethink the whole two wheel concept of transportation the fourth time you may not be lucky

It seems like your accident happened only a few weeks after you wrote this. I hope your thinking has changed over some stuff, and I don't necessarily mean on "loud pipes".
 
No my mind hasn't changed on loud pipes in the 35 years I have been riding. In this instance i could have had NO exhaust on the bike and he still would have hit me. He was lane weaving trying to rabbit ahead of a car when he realized another bike was occupying that lane already. I mean the guy had 6 LANES of road and he managed to hit the smallest item on that roadway. ME..lol

BTW the riding buddy with the loud pipes just traded the bike in and got a sport touring with stock exhaust which he intends to keep 100% stock.

The point in the post you quoted is that people fall into a false sense of security in that they feel loud pipes will prevent collisions, (obviously it hasn't for the poster I was replying to with 3 accidents with his loud pipes). In my case, traffic was just beginning to begin moving again and I was focused on the traffic ahead. The other bike was not in my lane, (except for about the final 15 feet before he hit me so there was no time to even react and attempt to make an evasive move to get out of his way. He obviously was riding beyond his skill level as he rode blindly into a lane of traffic. Had he been riding properly he would have seen my bike, (I mean not like it is a pocket bike it is a 750 dry weight cruiser..lol)

OP - sorry to hear. I hope you get well soon.



It seems like your accident happened only a few weeks after you wrote this. I hope your thinking has changed over some stuff, and I don't necessarily mean on "loud pipes".
 
hedo2002: Back in '94 I had a crash, that I told the insurance company (Jevco) I was completely at fault for. I didn't argue. I didn't try to pass the blame, or implicate anyone else. It was 100% my fault. This happened in late August. They evaluated the bike and wrote it off within a week. I kept after them, trying to get them to finish the claim, right through into the fall. They kept telling me to be patient because it was still the height of riding season, and they had a lot of claims. Fall became Winter. At that point they started telling me that they had a lot of claims for sleds, so I should be patient. It took more than 6 months for them to finally settle a claim, for which I had taken full personal responsibility.
 

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