Guy Cuts In Front Of Me, Motorcycle Goes Down.

[zx3vfr]

If you have liability only then your insurance will only pay the legal fees associated with any liability on your part.

 

Please tell me which insurance company will handle your claim against a 3rd party when you have liability only.

Wrong. All insurance companies will represent you in any motor vehicle accident regardless of coverage level.

[Scruit]

Wrong. All insurance companies will represent you in any motor vehicle accident regardless of coverage level.

 

 

They will DEFEND you from a 3rd party claim.  That is liability. 

 

Even with collision coverage your insurance company won't sue FOR YOU.  They will pay your claim under your collision cover then SUBROGATE the claim to the other insurance.  They will argue back and forth then possible go to ARBITRATION.  The subrogation may go to a lawsuit if needed (especially against uninsuired drivers - insurance companies use binding arbitration hearings, they don't sue each other for the small stuff)   If the arbitration/lawsuit is successful then you'll get your collision deductible back.  An uninsured driver found at fault may have their license suspended until they make a payment arrangement with the insurer/other driver.

 

Your insurance company won't simply buy you a lawyer for property damage.

 

 

 

Now as far as injuries go, that's outside my experience.

[JackFlash]

The bike is used.  It is worth only what a buyer

would pay for it on the open market.  Check

what that bike has sold for with that mileage.

Actual sales will back up your claim to what

the bike is worth. 

 

Items added to the bike are also used.  If you

can find sales figures on eBay to support their

value, you will have a leg to stand on.

 

You are not owed replacement value of this

vehicle because the chance of duplicating

this vehicle with used parts is possibly slim.

You are owed market value.

 

Possibly you can strip from the bike what you

could sell and settle on a price for what is left.

 

Medical?  This is the reason I would have had

an attorney involved from square one.  The

longer you wait to show medical needs, the

less they will recognize those needs as being

legit.  Bike value and medical are two separate

things.  You can settle on one but the other

remains alive until you settle on it.  You possibly

could make up for some of the loss on the bike

by what you could receive for pain and suffering.

 

Talk to a lawyer and don't sign anything from

the insurance company.

 

.

[conn-e-rot]

Got any pics of this $6,000 Buell Blast? I am morbidly curious to know how one wraps up that kind of money into one. Is it a drag bike, or something?

BAHAHA.... a Buell Blast drag bike.... now that's some funny shit

[Scruit]

They will always lowball the first offer, but it's usually best to take the second offer.  They don't care about lawyer threats, they hear it multiple times a day from one or both sides.  That's like threatening a cop that you will fight the ticket in court.  You're not gonna make him wet his pants.   (You'd need to be a 13yo with an airsoft rifle to do that)

 

A 2001 Blast KBB's for about 1500, right?  And they are offering you 3500?  Sounds like they are giving you something for those parts.  BUT....  A vehicle is expected to have certain things.  If I wreck my my car a month after putting $1k of new tires on it then I am not going to get that $1k back.  Same with things like exhaust etc.

Extra parts that are not factory should be able to be removed from the slavage and retained by yourself for your next bike (if you buy another blast).

 

They will let you keep the salvage for $2800?  Can you fix it for $2800?  Some of the things an insurance company will total for are perfectly acceptable to most folks.  Insurance may total a hail-damaged car but the owner may just take the check and keep the car because they don't car about the hail damage.   Or the owner may take the check and fix it on the cheap.  I had an old Volvo totalled out because I got my 3 estimates from Volvo dealers.  Their cost to replace the control arm and bushings was about $1k, what the car was worth.  They totalled it, I opted for the check & wreck, bought a junkyard control arm/new bushings for $50 total installed it all myself.  $950 profit, and the car was fixed good as new.

[madcat6183]

Yea, I'd probably make sure you take the next offer, if there is one.  And if they simply say, you can have $3,500 or go to court(assuming you do truly have insurance), I would take the money, sign off and be done.  Sounds like they are giving you about 1/2 of the receipts you have for whatever you added totalling $4,600.  No idea who adds that kind of stuff to a bike unless it was pretty much just a running motor and frame at the time you bought it, but either way, take the coin and forget about it.

 

I mean I am thinking about the $4,600 in receipts you said you have, no idea how that's possible as a full SS engine built race bike would be about that much and this was a used Buell.  Either way, it sucks, but that's life.  When my F150 got ganked, I had paid for extra coverage on all the add ons I had on it, they have a set amount that the rider will cover and you still are lucky to get any of it back.  Like Scruit said, I had over 2K in tires, not wheels/tires, just tires, I had just put on.  A $500 cap, and a ton of other stuff, I saw $0.00 of that stuff because I paid cash for everything and had most of the stuff was considered needed for the truck.

 

Oh and Nationwide didn't offer a buyback, I would have had to go to a dealer auction where it was going through the sale, with someone with a dealer license and all.  I said F it, took way more than I owed on it, and bought a new truck.  Still wasn't happy, and I no longer carry any extra rider except for full windshield coverage.

 

Take the cash. 

[just_some_dude]

So here is where I am at...

 

I spoke with an attorney this morning, he gave the adjuster a call, he used the term 'robot' when referring to the adjuster and the adjuster kept stating he did not have the authority to increase the value any more. The attorney offered to write a letter to the legal department to see if they are still not willing to budge. I told him to wait off and I'd think about it over night. At this time I'm not paying legal fees for anything for those that are wondering why I am doing this (so far everything is free).

 

Like I said before, I originally did not think they were going to allow me to get my bike back. I can fix the bike. I know what is wrong with it. I just wanted to make sure I'm not getting screwed. Things seem to be working out.

 

For those of you wondering, here are a few of the more significant things I've added to the bike:

 

600 Kit (bored cases, etc.)

XB/XL1200 head (machined for 30 degree piston dome)

Andrews B70 cams

4"x19" SuperTrapp with 20+ discs, custom header

Yost performance kit (blue needle 2nd from leanest, yost tube, jetting currently around 42/150)

Thunder Products Dial A Jet (think I'm I recall last being around the middle for setting)

Ultima Programmable Ignition

RB Batteries Mini 6 cell battery

Custom fork brace

ASB tall velocity stack with custom outerwears filter (and custom intake splitter)

Baker 5 speed smooth shift drum

Banke Rear Sets

GIVI E55 Monokey Topcase

Oxford Heated Grips

 

If you want more info on why I may waste my time and money on this you can go here if you'd like: http://ohioriders.net/index.php?/topic/93955-why-a-blast/

[InyaAzz]

People race all kinds of bikes.

 

You had me at drag bike.

[ZxHooligan]

Sounds like you put too much money in a piece of junk. You could have put the money you put into it into a different bike. Thats what I did with my zx6r best decision ever. Sometimes you need to put your irons in another fire. But hey its your dime and your time do whatever gets your rocks off

Edited October 28, 2013 by ZxHooligan

[jbot]

ugh, those kawasucky oil changes still give me nightmares.

[blue03636]

ugh, those kawasucky oil changes still give me nightmares.

 

It's just you

[jbot]

It's just you

 

you are drowning in a river of oil coming inexplicably from the middle of the fucking engine the size of DE NIAL

[blue03636]

Just need something under the filter, so easy.

[ZxHooligan]

Some people would consider your bike a piece of junk. No need to slam the guy's bike.

I wasnt slamming his bike im just saying if you 4600 into a 1200 dollar bike you may have made a mistake

[FZRMatt]

I'll try to keep this simple...

 

Columbus, Ohio

 

Cleveland Ave. and Route 161 (Dublin-Granville Rd) a man in a Nissan Murano heading North turning West turns directly in front of me heading South. I had no choice but to grab my brakes otherwise I would probably be in much worse condition (and in his car). My bike goes down and the guy tries to drive off. A few people corner him into the side of the road.

 

He admits that he didn't see me and that he turned into the lane. Witnesses nearby couldn't believe what he did and say that he turned right in front of me.

 

Police show up, say they are going to cite him, guy admits to one officer that he didn't see me and turned right in front of me. My witness leaves, a different officer at the scene ends up taking the report, after everyone leaves and I go to inspect my bike the guy changes his story. Officer doesn't end of citing him.

 

There is a camera at Cleveland & 161, if anyone knows how I can get a hold of video from Friday, September 20, 2013 around 9:30 pm - 10:30 pm that would be helpful.

 

Also, there was a lady who called 911 and forced the guy off the road and stuck around for awhile... first off, thank you. You mentioned you were a rider yourself and witnessed the whole thing. You left before any of your information was taken, or maybe between the lack of communication between officers the information was lost? But, I could really use you as a witness. This guy is making up stories at this point and was not cited because the officers magically had no witnesses.

 

To sum me up at this point, right knee is tendor, back of left leg is 'pinching' along the whole back side, lower back is in spasm as well as front below ribs, and upper back around shoulder blades are a bit sore.

 

To sum up the bike, road rash on right side (any metal parts that touched the ground have about a 1/4" shaved off of them), wind shield is broken off, right turn signal is gone, right mirror is broken, won't start at this point, and wheels are making weird grinding noises.

 

To sum up my gear, right knee of over pants have road rash, air back jacket went off, looks like back of helmet may have touched the ground.

 

... I guess you actually have to face plant into someones car before someone can get a failure to yield citation.

Officers aren't able to cite a driver in a non-contact accident if the officer didn't personally witness it. They could cite the one involved in the accident with failure to control however.  My guess is that if they didn't cite you, they were actually taking your story and the story of the witnesses into account.  The officer that said the driver would be cited was just flat out incorrect.

 

As far as the video, you will need to put in a public records request with the Columbus Police.  If you call 645-4760 they can direct you to the correct people to speak to. 

 

 

call CPD (which im going to assume was the department who handled this) demand to speak with the officer whom was on scene 1st that stated he was going to cite the other douche nozzle. If they say they aren't sure tell them to pull the radio traffic of the event (it's all recorded per the FCC) and they can find it that way.

 

Sure he didn't pull out in front of you on purpose, we call them "traffic accidents" for a reason...just bec it was accidental doesn't mean the guy shouldn't be cited. It's an unknown rule of thumb to pretty much any cop if there's north of $500 worth of damage and if I as a cop have to run code to get to the accident and direct traffic, tone out the squad etc - someone is getting cited - and who but better then the guy who caused it right? Maybe I'm just too logical tho.

Plus, that's just what I'd do bec I'm a persistent fuck.

There is no monetary value that allows officers to run with lights and sirens (I assume that is what you mean by running code).  No officer in Columbus is going to put their ass in a trick bag over a property damage only accident by running with lights and sirens (unless they are just dumb and inexperienced).  We have an EXTREMELY limited EVO (emergency vehicle operation) policy, and property damage just doesn't fall into that policy.  Officers will run with lights and sirens to an accident if there is the potential for life threatening injuries or if someone it trying to hit skip.  Our first priority is to render any aid if possible to the living.  But if it is a fatal accident, you are correct, our obligation is to secure the crime scene by shutting down the intersection and directing traffic.

[FZRMatt]

Sorry, I have a bad habit of posting before I look at the original post date (or reading the entire thread).