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Chief Moderator for my kids Julia & Kristen,
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Discussion Starter #1
A story Crash can relate too in the legal sense and the rest of you in the righteous good guys do win sometimes sense.

I recently visited SoCal. I enjoyed my stay as I got to ride lots of cool bikes including the KX of Death and see old friends, but the reason I was there was to testify in a case for work. It involved alleged misconduct on my part and my employer's part on a case I handled. Without getting into the nitty gritty, I will honestly tell you it was a bullshit case brought by a trust fund lawyer trying to play the system. He demanded $350,000 before the trial. We offered zero.

Anyway, the jury deliberated all of 15 minutes and returned a unanimous 12-0 defense verdict in my favor. The e-mails are flying all around my company congratulating me on how well I did. The e-mail trail goes all the way to the CEO. This is my finest hour in my near 19 year career with my employer. Needless to say, I am stoked. :)

Thank goodness things went my way. If they did not, being the low man on the totem pole in this whole affair, you can guess who would have shouldered all the blame.

The beauty is, the guy who brought the lawsuit usually can get off the hook for owing some of our eligible defense costs (probably about $10,000, although the case cost probably $100,000 to try) by waiving his right to appeal in exchange for us waiving our costs. My employer is having none of that and is now pursuing him for costs :devious
 

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Sweet:thumbup
 

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Great News, glad all worked out for you, and sounds like some nice fun you had also with the bikes.
 

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congratulations. bet thats worth missing a bike night :thumbup 12:0
:hail

thats really awesome !
 

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good luck squashing that bug...

hit him hard enough to make him thik twice next time...
 

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Good job! You really didn't miss anything at Bravo Burger on bike night last week. About 20 bikes showed up, a lean turnout probably cuz of the upcoming Halloween weekend stuff going on & the weather getting a bit cool. One Ducati Xerox race replica bike, a RGV250 Gamma & some strange TZ 250 that was street legal but refused to run when the guy wanted to leave. Had to call his wife that he was really dreading to ask her to drive his truck over with the ramp in the bed. Pretty funny phone call & he knew exactly how she would respond.

Rode out to the Hollywood bike night on the way back home & found they had shut it down. The property owner decided he was tired of the hoodlums that showed up there & told the organizers he would call the police if more than a few bikes showed up. When I got there I saw one of the Ruff Riders guys standing in the middle of an almost empty shopping center parking lot telling riders who were rolling up what was going on. They moved the bike night temporarily to a Burger King parking lot down the street & the guy politely asked us to not to rev your engines hard & please take it really easy out there so as not to get this place shut down before they could secure another location. I rode the mile to this new place & found it stuck in a mixed zoning area so there was lots of residential properties surrounding the parking lot. About a hundred bikes were already there in a dark parking lot (nice) & guys were doing burnouts & bouncing their engines off their rev limiters already. Nice, a squid fest. Doing that crap in a mostly residential area at around 11:30PM on a weeknight = NOT COOL. I was planning on doing some promo stuff for the track day company I work for but realized this was not a good scene & it was probably going to involve the LAPD at some point. So I stayed about 15 minutes & got the hell out of there.

You didn't miss anything Duke. Well, except for not seeing the cleanest hot rodded TLS in the L.A. basin.

Oh well.

:laugh
 

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Chief Moderator for my kids Julia & Kristen,
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Discussion Starter #9 (Edited)
More news and background on this as well as the long version. I spoke with the defense attorney last night for 30 minutes and he was pumped. Normally when a plaintiff attorney brings a case to trial, he works on a 40% contingency plus costs basis. In this case, the plaintiff attorney did not front the costs, which we estimate at $50,000 or so for experts, jury fees, etc. The plaintiff himself paid these costs. So, in the end, the plaintiff attorney gets zippo and the guy who brought the whole thing is out of pocket about 50 grand, plus he will owe us another 10 grand or so.

Basically what happened that started this whole thing was a minor car accident. The guy was driving a Subaru WRX and another car backed into him. Damage consisted of a scuffed bumper cover and a slightly tweaked fog light and cost $1,000 to repair. He claimed injury to his neck and ultimately had what is called a foraminotomy surgery to correct a bony spur in his neck that was jabbing a nerve.

I always argued that this is a pre-existing degenerative condition, 4 of the 5 doctors that treated him agreed, the last based the need for the surgery on the accident, based on the history provided to him by the patient, who of course has a strong self interest in relating it to the accident. In his deposition, even this doctor had to concede that a variety of the patient's activities, which included flying helicopters, riding horses, and playing golf could have caused the aggravation of his problem, leading to the surgery. In the end, we offered 50 grand to settle his case, it went to arbitration and he was awarded $208,000. I was pissed, but promptly issued his check and moved on. After paying his lawyer and expenses, I figure he netted about 145K of this.

Then he filed a "bad faith" breach of contract lawsuit against my employer, alleging we lowballed his offer and improperly withheld payment. In his closing argument, my defense attorney displayed a blown up version of the 208K check and a photo of the barely damaged car next to each other. He pointed out that this accident resulted in that payment "and yet it is not enough". This particular attorney is a very volatile guy and he said his volume knob was at "11" when he did his closing argument. Evidently the plaintiff's head just about exploded at that point. I would have paid good money to be a fly on the wall to witness it all. It pleases me greatly that he had to hand back a good chunk of his arbitration award to finance his case and that my employer is coming after him for costs. Of course it pleases me most that the jury saw right through him and really shoved it up his ass, and quick too :D

Don't get me wrong, I have no problem paying claims. I have no agenda to, nor am I rewarded for screwing people. My employer (Amica Insurance) has been ranked #1 by JD Power for 7 years in a row now and also rated #1 by Consumer Reports for years for customer service. We charge more than most companies in premium and we don't screw people, and I am given a lot of leeway. I use it to be fair. For example, on a recent water damage case, I wrote a check for $150 to the insured to dry clean a few jackets that were hanging in a closet that had some mold along the floor because the clothes may have mold spores on them. I did not make them run out and do it, I just gave them the money because it is the right thing to do. They probably will never dry clean those clothes. This is OK, their property, their call.

Ironically, three potential jurors, one of which is a 1/5 owner of the CAA agency in Los Angeles, were very vocal about how great Amica is during the initial selection questioning process. Naturally they got excused. Pretty funny though, what are the odds of three people having insurance with my company, which is a premium carrier and a tiny player in California :laugh

Anyway, my job is to look at the objective evidence, not just take this guy's word for it and pay his demand, which ranged from 225K to the 1 million policy limit. It is clear to all involved that I did this job well. Everyone in the chain of command below CEO level in my company has reviewed this file in detail. It withstood the hindsight powered microscope of after the fact review and a jury trial and it came through with flying colors. The bottom line is that I handled this case very well, culminating in 1 1/2 days of intense testimony at trial. I am proud of my part in all of this :)
 

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That's crazy, its idiots like that that make my ins way higher than it should be:rant 208k for a scuffed bumper:coocoo Glad he didn't get any more than that and will have to cover the cost of his most recent stupidity:thumbup
 

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That's crazy, its idiots like that that make my ins way higher than it should be:rant 208k for a scuffed bumper:coocoo Glad he didn't get any more than that and will have to cover the cost of his most recent stupidity:thumbup
:stupid

Congratulations :cheers and nice job!

Maybe I could have held out for more than $600 when a drunken lady (at lunch time) back into me at full throttle in an old Grand Prix while trying to flee an accident she caused. :O :laugh THat was years ago though. And I would do the same today... cover the cost of your actual damages and move on down the road.

... or the time I was rear ended by a lady in a big caddy, stoned on pain killers on her way home from the doctors? :laugh
 

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Unbelievable ... he's obviously got it good but wants it even better, as long as someone else pays for it :rolleyes dont even start me
 
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