Test driving a vehicle leads to damage

[Alisa]

I was wondering What happens when a prospective customer takes that important test drive -- and gets in an accident?

It wasn't specifically a test drive, but I climbed on a motorcycle and it fell over on me at a dealership in michigan. It caused major medical problems. The day it happened was during an open house, there were other people sitting on bikes which were held up by just kickstands. No signs were up saying you could not sit on the bikes and no accident signs were up. The dealership hauled the bike away and I was left to take care of my own injuries. On top of this, I have a lawyer on their side wanting to fight for less than $1500 for repairs. Don't these dealerships have insurance to cover damage to the vehicles? Don't they take the risk of someone getting into an accident during a test drive? And shouldn't a dealership take all precautions during an open house to make it safe for people looking at bikes in such a small area when the bikes are held up by just kickstands?

[Guilty Or Not Guilty]

Did you walk away after it fell on you mentioning you are ok, or was EMS called immediately?

How did you get the lawyer?

Yes, they should of had insurance.

[Alisa]

No one was around after it happened. The room literally cleared. I was left with my family and a very sore ankle. I thought it was just sprained and I was able to walk. It remained sore for a couple of weeks. Then the pain got worse over time. I went to the doctor a couple of weeks later and was diagnosed with RSD. I will be going to the Mayo clinic for a second opinion and every day, the pain just gets worse. I am now unable to work. I've been to doctors galore. I have a lawyer( or had til yesterday). My mom knows him well. After he had me send an "Answer To Complaint" letter to the courts and to their lawyer, my lawyer sent me a letter saying he couldn't take the case. Now I am stuck with a pre trial on my own. I did make it known to them that I was hurt when the accident happened but no one offered to help. They just took the bike away rather quickly. Their lawyer claims he was standing 20 ft away from me when I climbed on the bike. So he is a witness and a lawyer for them. Go figure. They claim that their deductible is higher than the cost to have it fixed. So I am to fork out for the price of the bike repairs. Do I go to my insurance company on this as well?

[Guilty Or Not Guilty]

Call an attorney in your area:

http://lawyers.findlaw.com/lawyer/state/Michigan

http://www.attorneylocate.com/city.a...y_statecode=MI

Try to look for an attorney with free consulation.

If you stay in southeast MI you probably heard of "Call Lee Free." He does take a lot of slip and fall cases.

[Litigator]

As serious as this appears it sounds to me like you should obtain another attorney. Do you know whether any counterclaim was filed on your behalf for the injuries you sustained? It doesn't sound like a case where you want to represent yourself throughout the litigation.

[Litigator]

From the scenario you described it might be best to get a lawyer/firm from out of town. Sometimes in small towns where cases arise lawyers there just don't want to get involved for one reason or the other. The lawyer on the other side probably represents the dealership on all their cases so that's why he's involved even if the amount for which they are suing is relatively small.

[Alisa]

No counter claim was filed yet. They were waiting for a definite diagnosis. I have one now, although I am still to go to the Mayo clinic to see what the next route is...treatment types etc. The forms to set up the pretrial and discovery were sent for me to sign. I haven't signed them yet. They were mailed to me Saturday. My other problem is this is a small town where everyone knows everyone and this lawyer has a habit of manipulating the people around him. (He wants to be Judge). As a witness he is claiming I did more than sit on the bike. The problem is, it is his word against mine. I have 1witness for my side, he has several witnesses that I am sure he has paid off. I don't even remember seeing him there that day. As far as I know, the dealership and that lawyer may just be good friends. I just cannot believe that a lawyer would sue someone over $1300. My lawyer told me that legally, he can be a lawyer and witness but ethically he can't. And how would he ask and answer his questions? Monday I am going to find out why my lawyer is "backing out" of this case. What I don't understand is that my lawyer said that, even if they can't claim injury, they could claim negligence on their part (bikes only on kickstands, no signs, area not roped off) as well as why they don't have their insurance cover this accident. So I can't figure out why the law firm told me they could not take the case.

[aaron]

Check with your auto insurance and homeowners insurance carriers (or any other insurance you have, such as umbrella coverage) to see if you can get help defending yourself under any of your insurance coverage.

If the lawyer is a witness, the lawyer normally should not be representing them in court.

(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where:

(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.

(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

[Alisa]

Well, in looking for another lawyer, no one wants to take the case because I was the one who climbed on the bike. Once they here that, the lawyers all turn tail and run. They won't even take on the injury claim. I am going to try with my auto insurance and see what happens.