Triumphrat

sangsters · 12-31-2004

Punisher -- glad you're okay. You got off extremely easy on that one. But...

Quote:

On 2004-12-20 16:52, punisher wrote:
The shame of it is that I have been told that since I did not strike the other vehicle, even it if it was 100% his fault, his insurance may not pay me.

That is such bulls**t.

Any of our riding buddies out there with JDs (or badges) have any experience with this scenario? If the other driver's actions (and the CHP did take a report) are at fault, shouldn't that be on his insurance?

punisher · 12-31-2004

thanks Sangsters, when I pick up the CHP report, I will pursue the drivers insurance co. The report is most likely to put him at the cause of the accident. Whether I can collect for damages remains to be seen.

div2 · 01-04-2005

I don't know if California law is different, but in Kentucky the cage driver's insurance would have to pay if it was determined that the accident was his fault. The fact that there was no actual contact would have no effect on the damages that you would receive. I hope that you're able to recover your damages wothout a lot of hassle.

div2 · 01-04-2005

I don't know if California law is different, but in Kentucky the cage driver's insurance would have to pay if it was determined that the accident was his fault. The fact that there was no actual contact would have no effect on the damages that you would receive. I hope that you're able to recover your damages wothout a lot of hassle.

punisher · 01-05-2005

Thanks Div,
I got the CHP report last week and it puts the cage driver at fault completely. I have sent it to his insurance (farmers) and made my recorded statement. The adjuster will get back to me soon I imagine.

punisher · 01-05-2005

Thanks Div,
I got the CHP report last week and it puts the cage driver at fault completely. I have sent it to his insurance (farmers) and made my recorded statement. The adjuster will get back to me soon I imagine.

Will · 01-05-2005

That was essentially what happened when I got hit by a car on a freeway on ramp. There were no witnesses- a truly amazing fact if you know the spot- so if the investigating officer had not found paint on my front tire, the insurance company would have charged it to my comprehensive coverage. When the officer's report noted the physical evidence of contact, even though the driver didn't stop, the insurance company paid out as a not-at-fault accident under uninsured motorist coverage. The police report called it a hit and run. This is how the adjuster explained it- if there is no evidence of contact and no witnesses, they assume that you just fell off. They don't have any reason not to. If there are witnesses that place the cause of the accident on somebody else, then that other party is at fault and you don't need physical contact to be not at fault.

If this sounds a bit confusing, it is because it is a bit confusing. Glad to hear that the officer's report put the cause where it should be. I hope you get your bike back before the snow melts and California turns back into California again!

Will · 01-05-2005

That was essentially what happened when I got hit by a car on a freeway on ramp. There were no witnesses- a truly amazing fact if you know the spot- so if the investigating officer had not found paint on my front tire, the insurance company would have charged it to my comprehensive coverage. When the officer's report noted the physical evidence of contact, even though the driver didn't stop, the insurance company paid out as a not-at-fault accident under uninsured motorist coverage. The police report called it a hit and run. This is how the adjuster explained it- if there is no evidence of contact and no witnesses, they assume that you just fell off. They don't have any reason not to. If there are witnesses that place the cause of the accident on somebody else, then that other party is at fault and you don't need physical contact to be not at fault.

If this sounds a bit confusing, it is because it is a bit confusing. Glad to hear that the officer's report put the cause where it should be. I hope you get your bike back before the snow melts and California turns back into California again!

punisher · 01-05-2005

Thanks Will,
I feel very fortuneate to be alive!!! This website has been very encouraging and informative. This high-side has been a learning experience for sure. I feel optimistic that the CHP report will be the deciding factor.

punisher · 01-05-2005

Thanks Will,
I feel very fortuneate to be alive!!! This website has been very encouraging and informative. This high-side has been a learning experience for sure. I feel optimistic that the CHP report will be the deciding factor.