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bravenrace
bravenrace MegaDork
2/12/15 2:06 p.m.
patgizz wrote:
Zomby Woof wrote:
but I am reading something into it?
I think you're either trolling or have a problem with reading comprehension.
it's because you spell favor with o u.

FTFY

Gary
Gary HalfDork
2/12/15 3:02 p.m.

Whew! This is making me dizzy.

Zomby Woof
Zomby Woof PowerDork
2/12/15 3:31 p.m.

How do you think I feel?

So an update is in order.

He expressed an interest in staying away from the insurance company. I know why, and I'm OK with that. There are others that he doesn't want involved that are much more potentially harmful than the insurance, and I understand that too. I proposed what I thought was a reasonable settlement offer to him. He's going to check with his people and get back to me. The settlement did not include the car

NGTD
NGTD SuperDork
2/12/15 8:29 p.m.

I take it that he would rather not deal with the MOL?

Zomby Woof
Zomby Woof PowerDork
2/12/15 8:46 p.m.

Does anybody?

Boost_Crazy
Boost_Crazy Reader
2/12/15 9:39 p.m.

I'm not a big fan of lawyering up BUT- do you have any doubt that he has already contacted his lawyer? Even if you are settling out of court, I'd want one on my side to keep things balanced.

jamscal
jamscal Dork
2/12/15 9:52 p.m.

Somebody ran you the berkeley over and insurance and police don't know aboot it?!?!

bluej
bluej SuperDork
2/12/15 10:28 p.m.

In reply to Zomby Woof:

Can you explain to those not in the know exactly why he wouldn't want his insurance involved (this I can guess), and who it is he is even more scared of and why?

foxtrapper
foxtrapper UltimaDork
2/13/15 5:22 a.m.

Little more devils advocacy.

Devels Advocacy #1:

Were I the business owner, I'd be deeply suspicious of you. You've got an opportunity to rake me (assuming I'm the business owner) over the coals. I give you Corvette and then you go ahead and report the accident. So now I'm out the car profit and I get all the expenses I'm trying to avoid by not reporting the accident. Why on earth would I trust you? Especially when I can already see you're trying to milk the accident and me for a cheap Corvette?

Devils Advocacy #2.

You expect to heal up and recover 100%. Probably because you always have before. But, what if this time you don't? That pain and stiffness, they never do actually go away. Might even find yourself unable to handle the daily work load. What then? You didn't go through proper channels to protect yourself, and now you've got no real legal case. So, you're out of work and effectively unemployable. All for trying to get a cheap Corvette.

ScreaminE
ScreaminE HalfDork
2/13/15 7:48 a.m.

I would have called the cops. End of story. He's going to do everything in his power to not give you a dime.

Zomby Woof
Zomby Woof PowerDork
2/13/15 9:19 a.m.
Devels Advocacy #1: Were I the business owner, I'd be deeply suspicious of you. You've got an opportunity to rake me (assuming I'm the business owner) over the coals. I give you Corvette and then you go ahead and report the accident. So now I'm out the car profit and I get all the expenses I'm trying to avoid by not reporting the accident. Why on earth would I trust you? Especially when I can already see you're trying to milk the accident and me for a cheap Corvette?

It was HIS request to take care of it privately, so I'm not sure why you would be suspicious of me if YOU asked for something. You are confused about the Corvette. I'm not trying to get a cheap one. I offered him a deal. If I get the money from insurance, or a settlement, or bypass that and get a cut on the car, it makes no difference. I was trying to make HIS life easier, and the deal I proposed was very reasonable. I see it as black and white. I'm hurt. He is responsible. There should be some compensation that serves both parties. If there's a deal, we both need to cover our asses.

You expect to heal up and recover 100%. Probably because you always have before. But, what if this time you don't? That pain and stiffness, they never do actually go away. Might even find yourself unable to handle the daily work load. What then? You didn't go through proper channels to protect yourself, and now you've got no real legal case. So, you're out of work and effectively unemployable. All for trying to get a cheap Corvette.

Always a possibility, but I'm very healthy, and very experienced at getting hurt, so I think I have a good handle on it. I retire in two years, and health care will never cost me anything out of pocket. I have proposed a settlement that I believe to be a reasonable for both parties. Failing that, I have two years from the time of the accident to sue, and don't need a police report. There is a little more to it, but I can't say that right now. You have to appreciate how things might work differently here than in your country. I am aware of those differences, and you are not. More on that when I can.

There is a paper trail. I was all day in the hospital. I have witnesses, and before and (immediately) after pics of the shop and damage.

bearmtnmartin
bearmtnmartin GRM+ Memberand Dork
2/13/15 2:00 p.m.

what were the injuries? Significant injuries to me would mean more significant compensation. A few hours in emergency with bruises, not so much compensation.

foxtrapper
foxtrapper UltimaDork
2/13/15 2:20 p.m.

I'm not throwing darts at you. I should have worded my previous post better.

Of course it was his request to take care of it privately. That is almost always the request of the one who did the harm. It's to their benefit. Especially if they think they can get away with buying you a band-aid, patting you on the head, and never see you again. Whew! Got away with it at minimal cost. But, you came back. Uh oh!

I can understand how you see what you're doing as being a boon to him. I can also understand how he likely does not perceive it as such. Nor would I be surprised if at the next bill you present he balks and refuses to pay. That too is quite common in this sort of event.

I definitely am not an expert on Canadian law. Not attempting to pretend I am. Just observing some things via a web thread and playing a little devil's advocacy with what I see.

I wish you well in this saga. I hope you come out of it without harm. But I fear you are setting yourself up for a less than happy ending.

NGTD
NGTD SuperDork
2/13/15 2:46 p.m.

ZW is up in the same jurisdiction as I am, but still about 6 hrs away from me.

I don't think there is anything wrong with what is going on here.

  • Police are not needed. This is a civil matter and the police would not likely involve themselves in it. He was on private property and he was not caused injury by someone on purpose.
  • Sounds like he has plenty of documentation - hospital records, witnesses, etc.
  • He does not need coverage for health care. We have public coverage.
  • ZW don't forget to include potential costs for Physiotherapy, etc. that are not covered by public health, depending on your injuries.
  • More people should be encouraged to settle civil matters in a civil manner! It sounds like it may work out for both parties. There is such a thing as win-win and it rarely involves lawyers.
  • I would consider having the final agreement looked over by a lawyer however. Just don't get an ambulance chaser.
  • If it doesn't work out - other public bodies (probably the people the owner doesn't want involved) are QUITE happy to investigate later and will also be upset they were not notified, so that will help keep the owner honest.
  • I hope you heal well! Being a moto-X guy you have probably have had plenty of opportunities for that in the past!!!
bluej
bluej SuperDork
2/13/15 9:39 p.m.
NGTD wrote: - If it doesn't work out - other public bodies (probably the people the owner doesn't want involved) are QUITE happy to investigate later and will also be upset they were not notified, so that will help keep the owner honest.

WHO or WHAT is this public body??

NGTD
NGTD SuperDork
2/13/15 9:55 p.m.

In reply to bluej:

There could be a number of them:

  • Ministry of Labour is the one that would be at the top of my list.
  • Possible zoning issue - operating a retail business out of an industrial unit.
  • WSIB (Workplace Safety and Insurance Board)
  • etc.
moparman76_69
moparman76_69 SuperDork
2/14/15 10:58 a.m.

In reply to Datsun1500:

So what exactly do you propose he do? Just so I know where we both stand.

Curmudgeon
Curmudgeon MegaDork
2/15/15 5:47 p.m.

I do applaud ZW's desire to not sue, that makes him a better man than 90% of the people I know. That said, he should be reimbursed for what it's cost him in lost wages etc. The business owner has a real problem, to wit: ZW could turn full azzhole at any second and show up with an Esq. For that reason, it would be in his best interest to try to stay on his good side.

If that means cutting a better deal on the 'Vette then he should do so; it's the intelligent thing to do. If he's not willing to, that's still two separate issues. I do agree that his refusal to work with that does mean watching him REAL carefully and don't sign a damn thing right now.

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