First accident - What to do?

[m0t0g0th]

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

[EjGlows]

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  could calm me down....

  I should have fallen off the bike instead of getting impaled...

ARRRRRRRRRRRRGGGGGGGGGGGG   I should have not been the good guy and called the f*cking cops.

e

[jdubbs32584]

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.

[Foxtrotter]

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....

[Popeye the Sailor]

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.

[EjGlows]

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

[jdubbs32584]

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.

[Monsterlover]

Don't forget mileage to and from dr appointments.

[Ducatista]

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.

[Duc Stamp]

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.

[zedsaid]

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.)