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Discussion Starter #1
coming home from work last night in the carpool lane (hov), a car cut over the double yellow lines in front of me. I broke, but hit the rear too hard and locked it up. got sideways and missed the car, but high sided it at about 10 mph. Hit the ground running and didnt fall. I got extremely lucky. The driver was a kid, but had insurance. The CHP made a report and the bike is at the dealership with a broken front brake lever, and scraped up bodywork, broken clip on bolt, tweaked signal, and various scrapes and scuffs. The right clip on was forced onto the tank, scratching it, but no dent. I am bummed, but feel very lucky. :???:
 

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Wow! If you are going to high-side, that is the way to do it. Glad to hear that everything is OK- bikes can be repaired or replaced a whole lot easier than body parts.
 

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Discussion Starter #4
funny you should say that, because I would really like to see what that looked like myself. I really just stepped of of the bike as it flipped over. I have done it a million times on my mountain bike, and it was identical. I wish I had a video because I know it would be entertaining.
 

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I think we used to call those "Flying X's" They are fun to watch as long as it's someone else that's doing the flying. :-D

Glad you weren't hurt.

Don
 

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I always try and learn from crash stories. Like a lot of stories I read it seams like emergency breaking practice is absolutely essential. So many times, especially in situations like this one where punisher was NOT at fault, an accident could be avoided with improved stopping skills, or ABS. Like all safety geeks I advocate the MSF course and parking lot practice.

Personally, every day on my way home I have a 1/2 mile long exit ramp and once I'm off the freeway and I check my mirrors, I establish a constant speed and then break to a near stop as quickly as I possibly can. I feel I've learned a lot from these practices even what it sounds like when you lock up the front on wet pavement, but with practice and good form, I kept it shiny side up. Of course I'm still heavy footed with the rear, but I keep practicing.

Best of luck getting it back on the road ASAP and have a good ride. Glad you're OK.

-Nathan
 

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Discussion Starter #7
Thanks to all for the kind words. I do feel very blessed. I also feel somewhat shabby that I could have avoided high siding with better braking technique. I also should have had frame sliders which would have greatly reduced the damage. I strongly advocate practicing panic stops, which I had not done in a while and paid the consequences for. I know that next time it will be different. 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. I will becoming friendly with GDL shortly, or any other used/salvage parts sources anyone can advise me on. so far the list is as follows...

-exhaust headers
-right side passenger peg/exhuast hanger mount
-upper clamp (if sheared bolt cannot be extracted)
-right side clip on
-front brake lever
-will be repainting tank, right side air intake and windscreen if replacements cost more or are unavailable used.
 
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Glad your ok. A plus side of this is you can get some cool aftermarket parts to replace the stock ones. Let us know if you need any web addresses. Good luck.
 

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Discussion Starter #9
Thats true Smokey
the only thing keeping me smiling is that I know I will get some cool bits to replace the broken ones. I know I can get better looking mirrors for sure. I am not very happy that my frame has a chunk taken out of it near the snorkel. Kinda ugly, but Im told the frame is fine.
 

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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?
 

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

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?
 

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Discussion Starter #12
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.
 

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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.
 

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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.
 

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Discussion Starter #15
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.
 

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Discussion Starter #16
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.
 

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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!
 

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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!
 

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Discussion Starter #19
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.
 

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Discussion Starter #20
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.
 
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