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Date:         Fri, 25 Jun 2004 13:50:48 -0500
Reply-To:     Bruce Nadig <motorbruce@HOTMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Bruce Nadig <motorbruce@HOTMAIL.COM>
Subject:      Re: Westy Hit
Comments: To: dosteven@SYR.EDU, jag@CS.UALBERTA.CA
Content-Type: text/plain; format=flowed

Martin,

As much as I hate to give you this advice, I suggest you get an attorney. I was involved in a pretty straightforward case (not involving a 3rd part construction worker), and the insurance company worked pretty hard against me. Because you have the complication of having to deal with both the insurance company of the construction company and the insurance company for the person that hit you, you need a specialist (try to find someone that is board certified).

My second piece of advice. Remember, I'm not a lawyer. Avoid telling the insurance company/companies that you are in a hurry to settle because you have a trip. They will try to take advantage of you in every way if they know you are in a hurry.

Third. I noticed that your Vanagon ended up off the road. If you went over much of a curb, I would have all four tires very closely inspected. The sidewalls could very easily have been damaged by a sharp blow. Let the insurance company/companies know that this is absolutely a safety item and if they do not see fit to have the tire inspected by a professional (not just their adjuster), then they themselves may be liable if you have a blow out at high speed. Such an accident could easily kill you and/or others. That would give them a very big liability.

Other than that, it looks like you have done a good job of documenting your case. Be sure to keep track of all the time you have spent on this, any time you have spent going to the doctor (mileage to and from also), and any other way that it has affected your life. I'm sure that you aren't trying to bilk anyone, but the construction company in particular must be made aware that it is liable for the actions of its workers. If their actions cause an accident (fortunately in this case there was no serious injury or loss of life), they must be willing to pay the consequences.

Please let all of us know how this turns out. I think that there will be a great deal of interest.

Best of Luck To You, & Enjoy Your Vacation! Bruce motorbruce

> >Date: Thu, 24 Jun 2004 21:51:07 -0600 >From: Martin Jagersand <jag@CS.UALBERTA.CA> >Subject: : Insurance and repair advice please > >Dear All, > >Yesterday my Turbo Diesel Westy was hit for the first time in its 22yy >life. A woman went through a red light and hit my driver side. She >had actually stopped, but was then been flagged on by a construction worker >who wanted her to get out of the way from some heavy equiment on the >side street she was on. Seems to be the fault of the construction >company, so I will have to deal with their insurance company. > >Since I upgraded the '82 Westy with a brand new 1.9 TD, and a complete >brake, suspension, tranny etc overhaul only 30k ago I'm dreading that >if I don't do my homework right the insurance company might try to give >me the '82 bluebook not taking the upgrades and shape into account. > >My own desire is to keep the van, or at least the powertrain. >If there is structural damage I would have to try to look >for a good shape Diesel Westy and transplant my powertrain into >it (might be kind of hard to explain to the insurance clerks...) > >I'm meeting with the insurance adjustor tomorrow and was going to give >him this material. If you have time take a look let me know what you think. > >http://www.cs.ualberta.ca/~jag/rec/buss/AccDescr/AccDescr.htm > >I don't know what settlement to expect. Worst case I might have to >do a fixup on the cheap myself (Anyone know any back-alley bodyshops in >Edmonton). In the best case either they fix it or give me enough to >buy a decent Westy body to put my laboroulsy built powertrain into. > >Comments? Ideas? > >Martin (with a sad '82 Westy 1.9TD)


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