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Our client was out for a motorcycle ride when another car began to proceed forward into his path from a stop sign on a side street. The driver of the car did see the motorcycle at the last second and slammed on the brakes as he began to enter the intersection, but not before our client made a split-second decision to lay the bike down in order to avoid a collision between the vehicles.
The insurance company for the car driver subsequently asserted that there was no need for the motorcyclist to lay the bike down because, in their view, there would not have been a collision anyway had he just kept proceeding straight. Their offer prior to litigation was for a fraction of the damages actually sustained, but Attorney Timothy Schelwat held their feet to the fire and got the claim settled for a fair value of $44,000 at mediation.
