If you don't know the history of this thread. Here's the old link: http://www.bcsportbikes.com/forum/sh...threadid=14222
I went and saw a lawyer yesterday. He sounded very knowledgable and agrees that the dog owner needs to have action taken against him. The firm is sending a private investigator up there to do some discovery. The only legal foot I have to stand on, is if the P.I. manages to get a testimony or pictures against the dog(s). Then, if I have a strong case, we'll launch the lawsuit. I get the results of my CT-SCAN this afternoon, and will post them as well. Meanwhile, the lawyer is going to be doing the negotiating with ICBC. I will also have to make my bike claims. They say likely my insurance will go up, unless ICBC goes after the dog owner, in which case my lawsuit will just piggyback on theirs. I'm surprised how complicated this all is and am glad I took the advice of this board and got a good lawyer.
I also got my bike back on Friday. The damage is unreal. Every single piece of plastic on the left side is damaged in one way or another. The clutch casing took most of the beating. My left rearset is bent. And the worst part....MY SWING ARM IS SCRAPED!! Insert large sigh here.
So bottom line, I'm in for a good long ride. I have a couple tips for you guys that you might find helpful if you ever get in this sort of accident.
1) Keep a journal. This journal will most likely be disclosed, so make it purely based on the effects of the accident. Make notes of inconveniences, stress, etc. This helps a lot in terms of reminding you so you can give a decent testimony down the road and also paints a picture for the "medical experts" etc.
2) Photo-documentation. Taking pictures of your injury, or your bike, of the location you were injured is another plus.
3) At the accident scene, say nothing. In my case, I was very polite and said nothing to the dog owner, despite the fact he never apologized, etc. Get the contact info, get witness contact info, and be done with it. My lawyer praised me endlessly for this and says it gives the opposing party nothing to say about you.
3) Keep your casts, neck braces, prescription bottles, receipts, etc.
4) Visit your doctor regularily to discuss symptoms, problems, etc. The notes he makes will stand in court very very well.
5) Don't talk to ICBC until you talk to your lawyer. If they want you to sit down and chat, tell them to screw off and that you've retained a lawyer.
6) Be patient. I'm in for a ride that may take years. The lawyers will want to wait until you are fully, or close to fully healed before they do much. Then they launch the lawsuit. Usually settlement is reached out of court (I think 95% was the statistic). In my case, if I launch a lawsuit, the notice goes to the dog owner, but from there on, it's us against his house insurance company lawyers. The owner might be called on in court (if it goes that far).
I hope this is helpful. I really want to keep you guys updated as it may be helpful in the future. If you're sick of me posting about this, then tell me and I'll shut up. Take care guys, and thanks for the continued support.