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Discussion Starter · #1 ·
Well Saturday I was rear ended on the highway while changing lanes.
I was thrown pretty good, and slid down the highway for about 1/16 of a mile. I jumped up and immediately ran to my bike and uprighted her, watching her bleed oil all over the road. I was able to push her the next 1/2 mile to the dealership afterward. I'm unsure of my next move. I was ticketed for "Unsafe Movement", but I feel I was in the right, as I was doing the posted speed limit, and I used blinkers and head checked to make sure there was plenty of room. The Cager was obviously speeding to pass on the right. Is my bonnie totalled? how easy is it to bend the frame? Ill post some pics of the gear and how it saved me soon. I guess my question is "What now?" Should I hire an attorney? Im pretty broke, considering I'll have a $500 deductible coming up for repairs...

Thanks for reading!
Greg
 

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+1 Sweatmachine's comment

Get yourself to a doctor, call the insurance company and say good bye to the bike. I wouldn't ride a bike that has been crashed at 65mph and I don't think your insurance company will let you either.

Up here in Canada if a bike has a bent frame its done. It gets a non repairable title and can be used for tracks and that is it.
 

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You were doing the speed limit and they were going 65... right? If this is true, then it sounds to me like the cager caused the accident. They should be held partially liable, at the very least. What was the posted speed limit?

If you were ticketed and they weren't, you should probably check into getting a lawyer. They'll usually work on a contingent basis for this type of case. But be prepared for a long and stressful wait for it to get resolved.

Best of luck and glad you're OK.
 

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Discussion Starter · #6 ·
Went to the doc yesterday, billion X-rays and not a thing wrong... he said the muscles didn't even show trauma. I think I need to change my name to Wolverine... I'm just wondering if I got the ticket, is it automatically my fault? The bike didn't hit anything to stop, it just slid. I am curious how easy bonnies are to bend? The dealer has been closed so I haven't been able to talk to them. Visually she looked mostly OK.
 

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As far as the bike goes you where moveing when hit so the bike might not have frame damage.the skid will grind stuff off but might not hurt it to bad. could you tell where the oil was coming from? did it roll ok after? It dont take a very hard lick to knock a bike over.
Main thing your ok you can get another bike.
 

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Discussion Starter · #8 ·
Answers: I was doing 60-65, the posted limit. The guy must have been speeding, because the front of his car disintegrated. The oil came out of a Titanic-esque gash in the lower left engine cover. it rolled fine, I pushed it to the dealer.
 

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Hey St. Gregory,

First things first, are alive and healthy, and I am glad to hear it. Take it easy for a while. I was in a similar situation a couple months ago and it took a while before I could tell my back was sore.

Second, talk to your insurance company and find out:

1. Does the other party have insurance?
2. What they will cover and what they won't cover if you are found over 50% liable, and if you are under 50% liable.
3. Are you fully covered? If you are, then your insurance company has more of an incentive to do the leg work to recoup their costs.
4. Ask your claim mgr what their advice is. They do this everyday.

Also:

Where is your bike? Was it towed or in a yard? If it is, let your insurance know. You are responsible to pay that.

The police report is referenced for information, but is not always the deciding factor in liability.

You can pm me anytime if you have more questions. I've had to play hardball with the other parties insurance company and it was a learning experience for me. Good luck!

DO NOT SAY YOU ARE 100% PHYSICALLY OK TO THE OTHER INSURANCE COMPANY. I'm not saying come up with imaginary ailments here, but I am saying it don't consider yourself healthy just yet. Give it two months. If you are like me and sit in a chair all day, you may have soft tissue damage or a compressed disk that is only going to get worse as time goes by. Don't sign anything saying you are healthy until a couple months goes by.
 

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Discussion Starter · #10 ·
Thanks everyone for the well-wishing, and the info... Just talked to the dealer and they don't think it is totaled. The mechanic said its pretty hard to bend those frames up. So thats somewhat of a relief. I filed my claim with my insurance company, and I will speak to my adjuster today. Thanks for the heads up Decker! I'll have some idea what to ask now. I know the other guy had insurance, and I have full coverage. and the bike is warm inside the dealership, they found it Sat. night after I rolled it to the lot and chained it to a tree. I'm chintzy when it comes to towing fees...
 

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Some states use the term "Traffic Collision" versus "Traffic Accident" meaning that someone is always at fault. It sounds as if your state feels the same way. An unsafe movement/ lane change etc. is usually viewed as the precipitator to the incident. However, it is not unusual for both parties to be ticketed. Good luck!

Glad to see your ok!
 

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Head check!

Sorry about your crash. Glad you're not hurt, badly.

I thought passing on the right was illegal in most states? Or are you a Brit?

Just thinking about your description of the accident, I can't believe you didn't see this guy during your head check!

Len
 

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Wow. Can't believe you walked away from that. The advice others have given you here is good advice, namely don't talk to the other insurance company about your injuries as they will try to get you to say you are fine and then use that against you if you ever have an injury claim.

By all means get a lawyer. You were essentially hit from behind by someone passing you on the inside and probably speeding. Were there any other witnesses who stopped?? They might be helpful if you ever go to trial. You may not think you are injured, but sometimes injuries have a way of showing up later in life. If you get a lawyer to take the case on contingency (i.e. he gets paid from the settlement) you medical costs (if any) should come out first and then he gets a percentage of the settlement. Sounds like you are basically OK, but don't be afraid to stand up for your rights. Good Luck.
 

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One other thing. If you initiate a legal case and it goes to trial the statements you have made on this site could be brought out by the opposing counsel (if they were to become aware of them) as evidence that you have no injuries. Don't make any more statements regarding your being injured or uninjured, etc.
 

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The laws of physics

As far as the bike goes you where moveing when hit so the bike might not have frame damage.
As someone told me long ago, "It's better to hit something going in the same direction than to hit something standing still. And it's better to hit something standing still than it is to hit something coming at you!" One of those tidbits you file away in the back of your mind.
Bob
 

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Discussion Starter · #16 ·
Good point about the injuries, even the doctor said that something might come up that they missed. There was indeed a head check, I just didn't see any hazards. It was raining, that could account for both parties missing the views. Passing on the right is illegal in TX as far as I know, but the guy never actually passed me so maybe thats a no offense?
 

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As someone told me long ago, "It's better to hit something going in the same direction than to hit something standing still. And it's better to hit something standing still than it is to hit something coming at you!" One of those tidbits you file away in the back of your mind.
Bob

Too right. Assume you were going in a straight line - so as you were hit from behind, you continued in a straight line on a straight road. Which is why you are here. Get hit from behind on many popular motorcycle roads in Scotland/UK - which are twisty and bendy - you get propelled into the oncoming traffic and you .....well enough said. Glad you are with us to share the tale - and remind us we need to have eyes in the back of our heads.
 

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For clarity, where on the car did the bike hit. If the bike contacted the car any where on the front bumper then you should be able to make the claim that you had successfully completed the lane change and that since you were doing the speed limit the other driver must have been speeding and therefore should be the one at fault. If the bike contacted the car on the side of the car then you moved hit him and even if he was speeding it will be difficult to convince anyone that it was his fault.
 

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Discussion Starter · #20 ·
There was no damage at all to the side of his car, but the front bumper and bumper subframe disintegrated. From my memory I was fully in the lane. Once I get the bike back I think I'll take a cue from the mods and festoon it with dozens of mirrors ;)
I'm in Ft. Worth Sweatmachine, I see you are in Austin. I was about to head that way next weekend, but looks like plans have changed a bit...
 
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