So, I 've been rear-ended. My bike was impaled on a bumper. *see photos* The ninja 250 pipe went right through the bumper and my rear end dented the front quarter panel. The pipe is now bent outward and there are paint scratches on the rear end. I will take the bike in to the shop and check the frame.
I have all of the driver's information. I didn't even fall off the bike. What do I do now?
The irony:
A. 10 minutes earlier (and 3 blocks from my house) I signed my new insurance on the moto.
B. My first ride after a 4month hiatus from shoulder reconstruction. (why I wasn't on my Duc)
Do I call my insurance?
Thanks,
erin
(http://i536.photobucket.com/albums/ff321/EjGlows/Bumper.jpg)
First of all, glad you're ok.
If the bike's frame is good and the repairs needed aren't too serious, see if the driver will pay cash. If the frame is messed up and/or the repairs are gonna be really extensive, I say call your insurance.
Just make sure that you are physically ok, especially that shoulder. If anything at all hurts, call insurance.
Why have the driver pay cash? It's not like his rates will go up if he turns it in.
A) not his fault
B) driver's insurance should cover it.
Don't call your insurance, call THEIR insurance.
Also, you didn't post the speed you got hit at, but Id consider getting checked out. The last thing you want is to have their insurance cover everything and the case is closed, THEN you discover some medical problem stemming from the accident that should have been covered by them.
my 2
Quote from: Monsterlover on August 03, 2008, 06:14:42 AM
Why have the driver pay cash? It's not like his rates will go up if he turns it in.
A) not his fault
B) driver's insurance should cover it.
Don't call your insurance, call THEIR insurance.
Also, you didn't post the speed you got hit at, but Id consider getting checked out. The last thing you want is to have their insurance cover everything and the case is closed, THEN you discover some medical problem stemming from the accident that should have been covered by them.
my 2
DO THIS!
yeah call his insurance after you get quotes for the repairs.
I'd actually contact your insurance company first, make them aware of the accident. You don't have to put a claim in!
If you have the other persons information, call there insurance. If they were at fault or were ticketed, and it sounds like there were if they struck you from behind, then the other driver should have reported to there insurance company (the lady that pulled infront of me never even bothered to report the accident to her insurance company, as she must not have felt a need becuase I did not strike her car, and crashed trying to avoid her... Nice!!).
If you claim it on there insurance then you don't have to pay the deductable, if you claim it on yours, you will have to pay your deductable but the other persons insurance will refund that money.
Notifying your insurance is never a bad idea as it will give you additional options.
Just becuase they present an insurance card, DOES NOT MEAN THEY ACTUALLY HAVE INSURANCE, hence notifying your insurance will allow you to always fall back on yours, although that is generally not what you want to do. This will also help if you were hurt, and they were under insured. One other item to note, if the other persons insurance company give you the run around, or starts to jerk your chain, once again you can always put a claim in against yours, and let them go after the other person insurance.
If your not injured, then your already ahead of the game as nothing is more important than the rider. Everything else can be fixed. If you were injured then make sure you get treated for your injuries, and eventually one of the insurance companies will have to pay the medical bills.
Glad to hear your alright, good luck getting this all hashed out.
Glenn
Some insurances treat you notifying them as the same as a claim, both are incidents. Doesn't matter it wasn't your fault.
Do you have a police report? If not, you should file one just in case you need to go through your insurance eventually. That way they'll know you aren't trying to claim prior damage since you JUST started your policy.
The other driver should probably pay cash, but at very least he should pay through his insurance.
Ummm... I think the whole thing is that YOUR insurance is supposed to go after THEIR insurance...
So you report it to your insurance and they chase down his for the damages, that's how my insurance company works (I think)...
The only reason to get your insurance involved is if they are slow to pay. But it's up to the at-fault driver to decide whether or not to go through insurance or just pay out of pocket. As soon as he says he wants to use his insurance he should call to start the claim process. It's perfectly acceptable not to involve the police if the other driver is cool, not dragging out the process, refusing to pay, etc.
I'm sorry, but did no one say "Police Report"?
Because at least in California you have to have a police report if damage is over some arbitrary amount ($750? something like that.)
Your insurance here will ask for your police report as their starting point - basically covers the who is at fault question for them.
So where you at and did you make a police report? your DMV may have a website where you can get quick answer as to if it's required. Remember at this point you don't know what the cost of repairs will be.
Also you don't know if you'll be stiff or muscle-sore tomorrow, and find that you are hurt.
2nd the call YOUR insurance - they will then chase the other guy's insurance co for payback. saves you that hassle.
I didn't get a police report. I was so scared and had no idea what to do. I think I shook for 5 hours after. Talking with the driver (and establishing we were both okay) she said she'd pay out of pocket. She gave me all her contact info and CDL and I will be taking the bike to the shop tomorrow afternoon and I just hope the frame wasn't damaged. The paint I could care less about (it's my city-everyday-ride) For future reference, I guess I should call the cops. Here are the rest of the photos from the accident. As you can see, the Ninja came out on top. If I had been on the Duc I would have been thrown off. Thank Gawd I was impaled...
(http://i536.photobucket.com/albums/ff321/EjGlows/FrontQuarterpanel.jpg)
(http://i536.photobucket.com/albums/ff321/EjGlows/Hole.jpg)
(http://i536.photobucket.com/albums/ff321/EjGlows/Ninja.jpg)
(http://i536.photobucket.com/albums/ff321/EjGlows/Scratches.jpg)
Glad to hear you weren't hurt! [thumbsup] Good luck getting everything sorted out with your bike.
It's not too late in my opinon to go to the police and explain to them what happened.
I had a guy who was in front of me in the Winter time w/ snow covering his back window. He decided that he was to far out in the on coming traffic and backed into my car
He got out of his car , we both looked at my front end and he said " Well doesn't look like any damage" and got back in his car and drove off.
I did write his license number down and later inspected my car closer and found damage .
I went to the Police Station and filed a report and the Police somehow informed me of his phone number and I called him that night and he met me a couple of days later and we settled on a cash amount instead of him turning it in to his insurance co.
I think you can get a Police report if you go fill out a report . You have the other person's info. At least that way you will have the accident documented .
I hope all works out for you . Keep us informed. Dolph
Folks want to pay out of pocket until they find out the bill is going to be more than $50.
FILE A POLICE REPORT. (Most states allow you to file within 24 hours after the accident)
The other driver hit you.
File a claim with the other driver's insurance.
Quote from: EjGlows on August 03, 2008, 09:01:59 PM
I didn't get a police report. I was so scared and had no idea what to do. I think I shook for 5 hours after.
Didn't mean to be harsh, just sayin "Po po yo!"
Seriously, keeping it together after a near-death - i remember those shakes. Adrenaline has a rotten aftertaste.
Glad you're still around. ^_^
(2nd Bick's - it's not too late to call it in.)
WTH is going on around here, even MOTHER jeopardized? Ducmouse temporarily tattoo'd. 2 other fatalities in the past week.
y'all are scaring me. T_T
She went home to her husband...who took a look at her bumper....and they've fabricated a story. She says I was riding on the SIDE of her. That I ran into her car. Laws of physics and the photos tell a very different story. I called my insurance and filed a claim. There is no way I could have caused that damage splitting traffic. I was stopped at a RED light on the right side of the lane and she accelerated into me. If I was in the center of the lane she would have ran smack into me and launched me off the bike.
I am so angry right now no amount of [bacon] could calm me down....
[drink] I should have fallen off the bike instead of getting impaled...
ARRRRRRRRRRRRGGGGGGGGGGGG [bang] I should have not been the good guy and called the f*cking cops.
e
E, go ahead and call the cops. Were there any businesses at the intersection? Like gas stations? Some businesses video their parking lots. Also, call a lawyer. She's being a pregnant dog so you need to be a hardass.
Quote from: EjGlows on August 04, 2008, 06:15:57 PM
She went home to her husband...who took a look at her bumper....and they've fabricated a story. She says I was riding on the SIDE of her. That I ran into her car. Laws of physics and the photos tell a very different story. I called my insurance and filed a claim. There is no way I could have caused that damage splitting traffic. I was stopped at a RED light on the right side of the lane and she accelerated into me. If I was in the center of the lane she would have ran smack into me and launched me off the bike.
I should have not been the good guy and called the f*cking cops.
Hmmm, methinks this is now hardball time.... I really don't understand people...if you did something wrong, then OWN UP!!! We all make mistakes and do stupid things, but only the truly scummy try to blame someone other than themselves. I had a woman rearend my car at a stoplight once. First she looked at my hanging bumper and tried to tell me there was no damage (gee lady, you think those sparks from dragging metal aren't an issue?? What are they then--bling???). She didn't get far with that. Then when the police arrived, she tried to blame me for it and I tore a strip off of her right in front of the cop, telling her that she was lucky I was fine, as were her non-seatbelt-wearing children, so instead of trying to blame someone for her inattention, she should be grateful I wasn't screaming "My neck! My neck!" and trying to scam her. The cop just smiled and nodded while I reamed her out (politely, but very firmly) and made sure the accident report showed her to be at fault.
My advice is to now go after her for everything incurred, including the cost of having a doctor check out your shoulder to make sure you are really fine. People who pull the lying crap she did deserve to get both barrels. After my earlier experience, I learned that I should ALWAYS call the police when an accident occurs so that there is documentation for when the bullsh!t starts....
E,
Now might be a time to ask the MOB for help-at least one of the local yokels is a lawyer (does a lot of motorcycle cases, but works for the city, so while he can't take your case, can probably recommend someone) and some of the other peeps are friends with the local mechanics, etc. Time to snag some support, and get your police report filed.
Document everything.
Quote from: someguy on August 04, 2008, 09:08:24 PM
E,
Now might be a time to ask the MOB for help-at least one of the local yokels is a lawyer (does a lot of motorcycle cases, but works for the city, so while he can't take your case, can probably recommend someone) and some of the other peeps are friends with the local mechanics, etc. Time to snag some support, and get your police report filed.
Document everything.
A. I'm going to have the police come to the shop tomorrow when I get my estimate for the damages. I'm crossing my fingers that the frame/engine weren't damaged by the exhaust being catapulted forward. I could care less about the scratches. Here goes the report...
B. My insurance is calling tomorrow to get my statement and get the formal process going.
C. Do I need a lawyer? Really? ???
D. I'll call to see if I can get a quick appt tomorrow with my Ortho - just to check things out. Do I need to go to a general? I hit my helmet on the windscreen and yeah, my neck/shoulders, are sore but I think I'm fine.
This is such a pain in the ass. Thank you all for helping out. I've been out of the country for 5 years and have never learned these things...
I still don't understand how she can claim I was moving alongside her? I took the right hand side of the lane at the light as the single lane near fulton (moving north on Stanyan after the panhandle) is often used for cars to merge into the left turn lane. I rightfully have full use of the lane, right? I was thinking to myself...don't split cars, give tons of "bumper room" because I won't be cleared to ride a bike for another 2 months and I just wanted to drop it off at my sister's so I could sign the papers over to her! She was going to buy it...
I will try to contact St. Mary's med center as I was right in front of the ambulance port. Maybe they have tape.
e
You were in no way at fault from your description. She's being a douche.
As far as C and D go, yes to both. Talk to a lawyer and see what they say. Go to your Ortho for sure and go to your general too. She hit you hard enough for your helmet to hit the windscreen? You need your neck checked out, especially if you're sore. Definite whiplash possibility. Document all your expenses (lawyer, doc visits, etc) as well.
Good luck hon.
Don't forget mileage to and from dr appointments.
It depends on your state about the police report. In VA, the rule is that if each vehicle is drivable (broken light = not drivable) and if there were no injuries, they will not file a report. The only thing they will do is facilitate the exchange of information.
I would call your insurance company. If it's not your fault (yeah, like anything can be denied) then it won't count on your insurance. Your insurance will pay you minus your deductible first. Then they will go after the other company for the rest of the money. The deductible can take awhile to get back, but at least you'll get some of it. You can even call your insurance company if the guy offers to pay cash. You can ask them what to do. There can be complications if you report the incident more than a day or two later.
Quote from: m0t0g0th on August 03, 2008, 07:11:51 PM
I'm sorry, but did no one say "Police Report"?
Because at least in California you have to have a police report if damage is over some arbitrary amount ($750? something like that.)
Your insurance here will ask for your police report as their starting point - basically covers the who is at fault question for them.
So where you at and did you make a police report? your DMV may have a website where you can get quick answer as to if it's required. Remember at this point you don't know what the cost of repairs will be.
Also you don't know if you'll be stiff or muscle-sore tomorrow, and find that you are hurt.
2nd the call YOUR insurance - they will then chase the other guy's insurance co for payback. saves you that hassle.
I believe I suggested a police report.
I stand by my suggestion, especially in light of the new developments.
this is where it pays to have good insurance... No point having it if you're not going to use it.
Always call your insurance, even if they're going to cover it out of pocket... like someone else said, they all think they will, until they figure out how much their new bumper is going to cost (let alone your bike). Let your insurance know about it, and that the other party wants it off the books (this is evidence of an admission of guilt on their part)... it shows your responsibility, and frankly, it's usually the first report of events that carries the most weight. (don't feel bad about ruining their license points... there's a reason they hit you, maybe they shouldn't be driving.)
Another factor... the neck pain. Nothing will sneak up on you faster. You can be fine at the accident, or for a day or two after, and then boom... neck no turn so well. File the report, and don't sign any waivers of medical settlement (or small "in case something comes up with your neck stiffness" checks) until at least a week has passed without any whiplash symptoms.
I was lucky the time i got rearended (in my Dad's GMC Sierra) The whiplash actually corrected my neck which had been slightly out for days. (this is the reason i laneshare on the bike. I was three cars back at a red light and the biddy didn't even brake before ramming into me. On i bike, you'd be damn sure i'd rather be a few cars up, with a few 3000lb. cages blocking for me.)