She cut across a MAJOR ride - I went down - have a question...
- Thread starter burt_03064
- Start date
The4opps1
Junior Member
Glad that you are OK. As far as any civil remedies, you need to secure the services of an attorney who is very familiar with these kinds of court proceedings. In other words, you don't necessarily want the guy who helped you close on your house. As the saying goes, "the devil is in the details".....An attorney wroking in familiar ground is a god send. Good luck...
cdn-bigfoot
Junior Member
Gotta disagree with that one. Laws will be slightly different state by state. But, she caused the accident. The maneuver would be deemed necessary to avoid a greater collision. The rider would not have dumped his bike were it not for her improper driving, Thusly, she was charged. In order to be successful in recouping damages one only needs to prove damages were done and negligence occurred to cause the damages. There being no "collision" matters not.
And yes, I have been to hundreds if not thousands of traffic accidents through the course of my work (as a television news photographer) in the last 20 years. We get a good run down from cops on cause and blame at almost every one. I have often covered the court cases of these accidents (although usually only the most serious involving fatalities). Get a good lawyer, but even a mediocre one should win at least your damages in this case.
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the real WILDPIG
Member
WELL, I'LL GIVE you some free legal advice. go down to your local district attorneys office --soon -- i might add and ask for/demand additional charges be filed. knowingly leavin the scene of and accident involving p.i.--that'd be personal injury. maybe resisting arrest? possibly lying to a police officer-- that can be a felony. But you must do this soon,, better still you should have an attorney {thats a fancy name for a human parasite} go to the D. A.'s office with your requests. Dont worry bout hiring an attorney-- she's gonna foot the entire bill anyway. CONCEPT IS --YOU SHOULD BE RESTORED OR MADE WHOLE AS YOU WERE BEFORE THE ACCIDENT. now she is liable for lost wages, pain an suffering, inconvience to you-- meaning loss of bike use for x numba o days and sincei cant cuss on here she should prolly be liabe for being a female dawg as well... YOU DO THE TRANSLATION. SHE PROLLY DONT EVEN LIKE BIKES NO WAY-- SHE OUGHTA BE FINED FOR THAT AS WELL.............
cdn-bigfoot
Junior Member
Or other posts the "wannabe mechanics". All good. I'm both I guess.
It's all advice, opinion and entertainment. That's what forums are all about.
burt_03064
Member
She's at fault - and she knows it now
She was cited for failure to yield to oncoming traffic. My insurance agent told me that because she was cited, it's "cut and dried".
I may not even have to file with my own insurance agency. HER insurance company called me late today: they have accepted liability and are sending an adjuster over to the dealership tomorrow. They're "pro-rating" my helmet and boots, but that's fine. They ARE paying for the bike...
... which I will be using as a trade-in on an 09 FLSTC. Dealership is giving me reasonably good trade-in $$, considering this bike has now "been in an accident" (although it's getting a new frame, seat, painted parts, etc). They're rebuilding it so it can be fully warrantied - the next buyer will get a like-new bike.
And my son - who also rides (FXDB) - convinced my wife that this wasn't my fault. I'll definitely be back on two wheels... once I'm physically able to move around normally (the road rash is healing on my right knee, and bending it is painful as [deleted]).
Lastly: if you EVER take part in a ride with 500 bikes, make sure that there are "blue flashing lights" in the ride. There weren't any... and my "incident" was only the worst of several incidents that happened that day.
Y'know: I've been riding for almost 40 years now, and this was the FIRST time I've ever been in an accident. And this is also the FIRST time I've ever been in a ride with so many bikes! There's a lesson there... at least for me... and I've learned it BUT GOOD.
She was cited for failure to yield to oncoming traffic. My insurance agent told me that because she was cited, it's "cut and dried".
I may not even have to file with my own insurance agency. HER insurance company called me late today: they have accepted liability and are sending an adjuster over to the dealership tomorrow. They're "pro-rating" my helmet and boots, but that's fine. They ARE paying for the bike...
... which I will be using as a trade-in on an 09 FLSTC. Dealership is giving me reasonably good trade-in $$, considering this bike has now "been in an accident" (although it's getting a new frame, seat, painted parts, etc). They're rebuilding it so it can be fully warrantied - the next buyer will get a like-new bike.
And my son - who also rides (FXDB) - convinced my wife that this wasn't my fault. I'll definitely be back on two wheels... once I'm physically able to move around normally (the road rash is healing on my right knee, and bending it is painful as [deleted]).
Lastly: if you EVER take part in a ride with 500 bikes, make sure that there are "blue flashing lights" in the ride. There weren't any... and my "incident" was only the worst of several incidents that happened that day.
Y'know: I've been riding for almost 40 years now, and this was the FIRST time I've ever been in an accident. And this is also the FIRST time I've ever been in a ride with so many bikes! There's a lesson there... at least for me... and I've learned it BUT GOOD.
Technologist
Member
Re: She's at fault - and she knows it now
You don't have to accept depreciation on ANYTHING. Negotiate with them, reminding them that you aren't looking for UPGRADES, you just want what you had before their client caused the damage. Tell them a discounted payment for the helmet doesn' allow you to get a REPLACEMENT helmet (you can't exactly buy those used).
I suggest you don't accept their first offer.... and remind them about any doctor's bills you may have, as well as "pain and suffering" and loss of use of your vehicle. They SHOULD throw in some extra for those... if they don't budge, then its time to nickle and dime them on ALL the parts being replaced. Any nick, scratch, etc., and you DEMAND replacement (repaint is NOT an option).
Good Luck, keep us informed!
*PS, I am speaking from experience... I sued my OWN insurance company as the result of a hit and run. They didn't catch the cager, and insurance tried to argue that he didn't hit me... I said he missed by inches, caused the accident, and if I had been hit, they would be paying my family plus funeral costs... the court agreed with me!*
You don't have to accept depreciation on ANYTHING. Negotiate with them, reminding them that you aren't looking for UPGRADES, you just want what you had before their client caused the damage. Tell them a discounted payment for the helmet doesn' allow you to get a REPLACEMENT helmet (you can't exactly buy those used).
I suggest you don't accept their first offer.... and remind them about any doctor's bills you may have, as well as "pain and suffering" and loss of use of your vehicle. They SHOULD throw in some extra for those... if they don't budge, then its time to nickle and dime them on ALL the parts being replaced. Any nick, scratch, etc., and you DEMAND replacement (repaint is NOT an option).
Good Luck, keep us informed!
*PS, I am speaking from experience... I sued my OWN insurance company as the result of a hit and run. They didn't catch the cager, and insurance tried to argue that he didn't hit me... I said he missed by inches, caused the accident, and if I had been hit, they would be paying my family plus funeral costs... the court agreed with me!*
burt_03064
Member
There's just too many experts
And, on other forums, these threads seem to bring out the expert riders who know how to handle every situation they'll ever encounter on 2 wheels. They also seem very capable of telling you how badly you handled yours and what they would have done instead, while making you feel pretty awful in the process.
I know that there's such a thing as a "biker attitude", but I'm usually too laid back to be a "bad boy". I'm just happy to be on 2 wheels, and I want to share the joy of riding with others. I would never play "Monday morning quarterback" with someone who had just been in an accident: why rub salt in a wound?
A wise person once told me that in a specific circumstance, no two people will act the same way. Taking that one step further, no two exactly identical motorcycles with identically skilled riders will take a similar situation the same way.
I walked away from this situation because I had to make a split-second decision - which, obviously, was the right decision. One of the riders behind me (one of my witnesses) said that he saw my move and was impressed at my reaction time... and that he's probably have hit the car and killed himself.
My knee is healing, although it stings like CRAZY and throbs a lot. I've got a bit of a limp, but I think that will also go away in time.
I'll be back on 2 wheels again, and possibly for the Labor Day weekend.
Be careful out there -- but do BE out there!
And, on other forums, these threads seem to bring out the expert riders who know how to handle every situation they'll ever encounter on 2 wheels. They also seem very capable of telling you how badly you handled yours and what they would have done instead, while making you feel pretty awful in the process.
I know that there's such a thing as a "biker attitude", but I'm usually too laid back to be a "bad boy". I'm just happy to be on 2 wheels, and I want to share the joy of riding with others. I would never play "Monday morning quarterback" with someone who had just been in an accident: why rub salt in a wound?
A wise person once told me that in a specific circumstance, no two people will act the same way. Taking that one step further, no two exactly identical motorcycles with identically skilled riders will take a similar situation the same way.
I walked away from this situation because I had to make a split-second decision - which, obviously, was the right decision. One of the riders behind me (one of my witnesses) said that he saw my move and was impressed at my reaction time... and that he's probably have hit the car and killed himself.
My knee is healing, although it stings like CRAZY and throbs a lot. I've got a bit of a limp, but I think that will also go away in time.
I'll be back on 2 wheels again, and possibly for the Labor Day weekend.
Be careful out there -- but do BE out there!
Skratch
Active Member
I was involved years ago in a similar experience.
I was riding thru a parking lot at a speed just fast enough to balance my bike coming around a row of cars. Some girl (not lady...girl) is driving thru the lot at about 20-25 mph. Added to that either flew over a speed bump or really gassed it once she went over it. Additionally, I had the right of way.
Anyway, as I'm creeping around the corner (view blocked by parked SUV or van) this girl cruises past it...and right at me.
I bailed off the bike and rolled away. While she didn't "hit" the bike her bumper is right where my front end would've been had the bike been standing. She basically said she didn't "have time" to deal with this and took off (she was late for work I find out) so I'm telling her if she leaves, I'm calling the police with her plate #. Well, she left and I called the cops.
She comes back about 5 minutes later and the cops come back at the same time. I'm explaining that had I not jumped off the bike, she would've hit me.
Fast forward....I'm not reporting this to my insurance company. Bike damage in minimal but still (back in the early 90's) was around $500. I took the girl to small claims court.
The judge deemed me 51% responsible because she didn't hit me and therefore we couldn't know what "might" have happened.
I was riding thru a parking lot at a speed just fast enough to balance my bike coming around a row of cars. Some girl (not lady...girl) is driving thru the lot at about 20-25 mph. Added to that either flew over a speed bump or really gassed it once she went over it. Additionally, I had the right of way.
Anyway, as I'm creeping around the corner (view blocked by parked SUV or van) this girl cruises past it...and right at me.
I bailed off the bike and rolled away. While she didn't "hit" the bike her bumper is right where my front end would've been had the bike been standing. She basically said she didn't "have time" to deal with this and took off (she was late for work I find out) so I'm telling her if she leaves, I'm calling the police with her plate #. Well, she left and I called the cops.
She comes back about 5 minutes later and the cops come back at the same time. I'm explaining that had I not jumped off the bike, she would've hit me.
Fast forward....I'm not reporting this to my insurance company. Bike damage in minimal but still (back in the early 90's) was around $500. I took the girl to small claims court.
The judge deemed me 51% responsible because she didn't hit me and therefore we couldn't know what "might" have happened.