Triumphrat

Lance-S4

Sorry it's been a while. So last night (still light out) a cager pulled out in front of me trying to take a left. The usual, didn't see me. I had about 2 seconds to come up with my master plan to avoid a collision with him (his car was fully in my lane now before he sees me and stops).

City street speed.

I pull in my clutch, back brake first... locks up. skidding towards him with a slight fish tail, I squeeze the front brake and BAM... on my right side like a ton of bricks.

I jump up on my feet with many CC's of adrenaline, pull off my gloves and throw them at his car while screaming bad words. Start pulling off my helmet to use as a harder projectile before coming to my senses.

Sorry, sorry, I didn't see you. Sorry.

Me: I hope you have f_____ insurance!!!
Him: yep, sorry, I didn't see you there
Me: F___!
Him: are you ok?
Me: (hobbling) F___!

No witnesses but I borrow a cell phone from a passerby to call to police as to file a report. Cop takes our statements. Man in car admits to his fault. Cop is sympathetic to me because "I also ride".

Cop ends up giving man in car a ticket for failure to yield or something. Man in car is now a bit ticked that he just got a ticket.

Call his insurance company after taking a thousand pictures of my bike damage and the skid marks on the pavement.

This is where it gets less than awesome.

I go to the doctor this morning to get checked out because I feel like, well, I just wrecked my bike. An x-ray of my elbow and a tetanus shot for the road rash, I'm off to work.

His adjuster calls to get my side of the story. I explain it all like it happened and after the official statement, he tells me that man in car is questioning how far he really pulled out in front of me. Suggesting that had I been a better biker, I could have swerved like a Shriner and missed him.

Adjuster tells me that he will need to wait for the police report before he will decide if there was any fault on the part of his insured motorist.

F____!

No, in Washington you are not required to have motorcycle insurance and I currently do not so my guys going after their guys is not an option.

I have been told that because man in car got a ticket for the incident, getting my bike fixed by his insurance company looks pretty good. But, talked to my Triumph dealer and he told me he's seen it a thousand times and because I did not actually hit his car, man in car will probably not be held liable for me wrecking my bike.

F____!

Has anyone here been in this situation or have any advice. I know the laws are different everywhere, but if they decide I will not get a settlement, I'm gonna be super bummed.

Cheers, Lance

BeerSlut

WOW! Glad you're OK. I don't have any experience or knowledge to share, just wishing you good luck. If it doesn't work out with the insurance, maybe small claims court will get you something back?

WHAT

Get a lawyer who doesn't get paid unless you win. Sue for pain and suffering (you have permanent pain that will never go away now right? :wink: ), medical bills, and bike damage. His insurance company is counting on you being a push over. You get tough, they pay, you get your bike fixed, and the lawyer gets rich (probably without ever going to court). Isn't americas legal system wonderful?

__________________
Fast guys ride. Everyone else decorates.

rustbucket

Hey man. sorry to hear about the crash. I can sympathize - that's pretty much how I wrecked my first bike, except that it was a dump truck, and didn't stop to see if I was still alive. I had the good fortune to have a doctor in one car waiting at the intersection, and nurse in another, so my body was well taken care of. My bike was wrecked. In my case, the police decided it was a no fault accident (how exactly is an accident nobody's fault??!? ). I didn't have collision, and ended up taking the loss on the bike.

I hate our legal system. WHAT is probably right - if you lawyer up, you'll do better. At the same time, I don't take that approach, simply because it bothers me that so many others do. You'll have to play hardball with them, but if you're willing to seriously assert yourself and aren't looking to leach off the system, you can probably work with the insurance company yourself.

The main thing is to determine what is fair before you start talking to them. It's not a negotiation, no matter what anyone says - it's you insuring that you're fairly compensated so you can fix your bike. Even if they tell you what you're asking for has never happened before in the history of insurance, they probably had the exact same case a week ago and paid out.

So should you go the lawyer route? That's up to you. I dunno.

All the best getting well, and getting the bike back on the road. The biggest bummer in the long run (provided you're ok) is that the bike is going to be off the road for a while, no matter what course you take.

This can also be a lesson learned - my Speedy has enough front brakes to float the rear tire all the way to a stop. Every time I've had an emergency situation where I used the rear brake, I've locked it up. I don't even touch it in 'panic' stops any more.

__________________
Beer is proof that God loves us and wants us to be happy. -Benjamin Franklin

B02S4

Sorry you crashed, I'm glad it wasn't worse.

+ 1 to do what WHAT said. The lawyer will take a cut, but something is better than nothing. The other driver's insurance adjuster isn't your friend, & has no incentive to pay you a dime if he thinks he doesn't need to.

Dude, it's probably painful to hear this by now, especially after the fact & from others, but you really need to learn to use that front brake to maximum effect, on demand.

dynagroove

agreed, do not play around - call a lawyer NOW!
jeff h

Jon916996748

Glad you're O.K. Falling sucks bad.

Get him to hire an expert witness. A guy I know does this for side pay. Testifies at court hearings regarding certain products (he's a mechanical engineer with a P.E.). Generally, if they are good, he always wins.

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-Jon

Lance-S4

Thanks for the replys. I'm actually a front brake stopper though I always "test the situation" with the back break slightly first then I squeeze the front while pulling in the clutch. If his adjuster sounds a bit iffy, I'll call the cager and explain to him that I'm about to serve him with small claims papers. He was ticketed for failure to yield and the judge will see that as proof of wrong doing much, much sooner than his adjuster will.

He can accept the increased insurance rate or pony up (a maximum) $5,000 for the damage to the bike, my skin and for insulting my ability to swerve another a-hole that doesn't pay attention.

Will keep you posted but please keep the suggestions coming.

Cheers!

B02S4

Why do you "always test the situation with the back brake" and pull in the clutch? In an emergency there is no time for that. You are primarily dealing with, time, distance, & modulation.

I refer you to this: Twist II

B02S4

I do liability expert witness consulting. It's not necessary for this situation. Any money spent on an expert witness will be paid directly by Lance. The whole point of hiring a lawyer at this point is to let the other side know that Lance is serious and thereby avoid the need to litigate. The other side just needs enough incentive to do the right thing.