Help! Insurance Issues..
#1
Thread Starter
Help! Insurance Issues..
So today at 930AM I went down on my brand new 06 1000rr. Just turned 1100 miles on her.
I was pulling up to an T intersection when a woman who was making a left hand turn turned too early and was in my lane. I was coming up to the T part of the intersection which is a steep hill cresting right hand turn. I was going to make a left hand turn.. So at the top of the hill I was pointing straight instead of right. Speed limit is 15mph.
I was in first gear with the clutch pulled in going about 15mph when all I see once I crest the hill is a yellow Nissan Xterra in my lane! She was literally driving right towards me!
I paniced and grabbed the front brake and it seemed as though it was the eject button! I instantly hit the pavement!
The bitch stops and makes sure that I am okay.. Helps me pick my bike up and by this time my girlfriend is there (We were on our way home from seeing family and she came up the same road). The only thing hurt is my knee which was all cut up.
Now is the part I regret. She says shes going to get bandages for me and such. She only lives 2 minutes away. I asked for her information.. She says "what?" I said "Lady, you were in my lane coming up the hill.. I wouldnt just grab a handful of front brake for no reason! You were in my lane! She says "Ill come back I swear to God!" Yes.. She came back.
So she gets back, Im sitting in the passenger seat of my girlfriends car and this lady bandages me up. I appreciated it.. I truely did. I was happy she even stopped.
So before we leave, she refused to give me her insurance info. She gave me her name and number and address. I gave her my number and name.
Its clear that my scrapes from my bike on the road start on my side of the yellow lines. The bike slid about 10 feet and ended up on the oncoming side.
She skillfully steered her xterra out of my lane and into the right driving line before I even got off the pavement.
So now after all said and done .. Im regretting not getting the police there and forcing her info. Now I feel like theres no proof that she was even at the scene or that she caused the accident.
Obviously I want her insurance to pay for the fairings, bent foot brake and engine cover. I was just too shaken up by the deal to think clearly.
What are my options here? I know shes going to fight me over this! She refused to give me her ins. info. I didnt think about the fact that there isnt any proof at all that she was even at the accident!
I plan on calling my insurance co. tomorrow and telling them about it. What can I do? Sue her? Will my ins. company call her personal number I have and request info or what? Can they get the police involved? Is it too late for the police?
I want to see how this pans out.. Before I sue her, if it comes to that, I will stop by her house and say "Hey, we can do this the hard way or the easy way.." and let her pay cash or something for my fairings.
So again.. Where do I stand here guys????!?
I was pulling up to an T intersection when a woman who was making a left hand turn turned too early and was in my lane. I was coming up to the T part of the intersection which is a steep hill cresting right hand turn. I was going to make a left hand turn.. So at the top of the hill I was pointing straight instead of right. Speed limit is 15mph.
I was in first gear with the clutch pulled in going about 15mph when all I see once I crest the hill is a yellow Nissan Xterra in my lane! She was literally driving right towards me!
I paniced and grabbed the front brake and it seemed as though it was the eject button! I instantly hit the pavement!
The bitch stops and makes sure that I am okay.. Helps me pick my bike up and by this time my girlfriend is there (We were on our way home from seeing family and she came up the same road). The only thing hurt is my knee which was all cut up.
Now is the part I regret. She says shes going to get bandages for me and such. She only lives 2 minutes away. I asked for her information.. She says "what?" I said "Lady, you were in my lane coming up the hill.. I wouldnt just grab a handful of front brake for no reason! You were in my lane! She says "Ill come back I swear to God!" Yes.. She came back.
So she gets back, Im sitting in the passenger seat of my girlfriends car and this lady bandages me up. I appreciated it.. I truely did. I was happy she even stopped.
So before we leave, she refused to give me her insurance info. She gave me her name and number and address. I gave her my number and name.
Its clear that my scrapes from my bike on the road start on my side of the yellow lines. The bike slid about 10 feet and ended up on the oncoming side.
She skillfully steered her xterra out of my lane and into the right driving line before I even got off the pavement.
So now after all said and done .. Im regretting not getting the police there and forcing her info. Now I feel like theres no proof that she was even at the scene or that she caused the accident.
Obviously I want her insurance to pay for the fairings, bent foot brake and engine cover. I was just too shaken up by the deal to think clearly.
What are my options here? I know shes going to fight me over this! She refused to give me her ins. info. I didnt think about the fact that there isnt any proof at all that she was even at the accident!
I plan on calling my insurance co. tomorrow and telling them about it. What can I do? Sue her? Will my ins. company call her personal number I have and request info or what? Can they get the police involved? Is it too late for the police?
I want to see how this pans out.. Before I sue her, if it comes to that, I will stop by her house and say "Hey, we can do this the hard way or the easy way.." and let her pay cash or something for my fairings.
So again.. Where do I stand here guys????!?
#2
Registered User
I hate to say this, but:
First, call the cops. Report the incident. You don't need the cops at the scene to report the accident. Second, call your insurance to report it, and give them her contact info. Likely, she'll cough up the info. If she doesn't you or your insurer her insurance info, proceed to the next step.
File a lawsuit against her for your injuries, asking full medical and any suffering you might add. You've got a witness that she was there (your Girlfriend). She can corroborate that SHE LEFT THE SCENE OF AN ACCIDENT (this is a big time no no).
I almost guarantee you she'll cough up the insurance right away, begging for them to indemnify her. SHE is responsible for the incident; her only safety blanket is her insurance. Otherwise, SHE will have to pay to defend herself.
You DID get here plate number, right?
First, call the cops. Report the incident. You don't need the cops at the scene to report the accident. Second, call your insurance to report it, and give them her contact info. Likely, she'll cough up the info. If she doesn't you or your insurer her insurance info, proceed to the next step.
File a lawsuit against her for your injuries, asking full medical and any suffering you might add. You've got a witness that she was there (your Girlfriend). She can corroborate that SHE LEFT THE SCENE OF AN ACCIDENT (this is a big time no no).
I almost guarantee you she'll cough up the insurance right away, begging for them to indemnify her. SHE is responsible for the incident; her only safety blanket is her insurance. Otherwise, SHE will have to pay to defend herself.
You DID get here plate number, right?
#3
Thread Starter
I didnt get her plate #...
Ill be driving by her place tonight to get that. I have her address and know her SUV.
Thanks Steve.. Im glad I still have a chance at this!
-Dustin
Anyone else??
Ill be driving by her place tonight to get that. I have her address and know her SUV.
Thanks Steve.. Im glad I still have a chance at this!
-Dustin
Anyone else??
#4
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Location: Los Angeles, CA
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If you're not hurt...then why don't you just try to settle out of insurance...just have her pay for the damages to your bike out of pocket since it's her fault.
#5
Thread Starter
No, Im not hurt..
I just got back from finding her house and getting her plate #..
I got the plate #.
We saw her standing in the window as I was writing the # down. I hope this shows that Im serious.
I have thought about confronting her but she was argumentative about her being involved at all. She tried to play it off like I just dropped my bike for the hell of it.
What Im trying to say is that I dont think shes going to agree to pay for anything.
I think Im going to file a police report and tell them exactly what happened. That way its on file that technically she did leave the scene of an accident without giving her info.
Ill let her know that Ive filed a police report and its up to her to decide if she wants to settle outside of insurance. Im totally willing to get a lawyer and all that crap.. Im just upset right now that my bike is going to look like a POS for a month probably until this all gets sorted out.
Thanks again,
Dustin
I just got back from finding her house and getting her plate #..
I got the plate #.
We saw her standing in the window as I was writing the # down. I hope this shows that Im serious.
I have thought about confronting her but she was argumentative about her being involved at all. She tried to play it off like I just dropped my bike for the hell of it.
What Im trying to say is that I dont think shes going to agree to pay for anything.
I think Im going to file a police report and tell them exactly what happened. That way its on file that technically she did leave the scene of an accident without giving her info.
Ill let her know that Ive filed a police report and its up to her to decide if she wants to settle outside of insurance. Im totally willing to get a lawyer and all that crap.. Im just upset right now that my bike is going to look like a POS for a month probably until this all gets sorted out.
Thanks again,
Dustin
#6
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Join Date: Nov 2005
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Originally Posted by Dizings2k,May 6 2007, 06:14 PM
I have thought about confronting her but she was argumentative about her being involved at all. She tried to play it off like I just dropped my bike for the hell of it.
either way...I hope everything works out for you.
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#9
Registered User
Yeah, sounds bad for you. Glad to hear you're mostly okay.
If someone refused to give me their info at the scene of an accident I'd be on a cell phone to the cops instantly. If she drives away you yell "hit and run" as she gets in her car. I know you were banged up and not 100% coherent but also consider whipping out the cell phone camera and taking pictures (including of the other driver and license plate).
If someone refused to give me their info at the scene of an accident I'd be on a cell phone to the cops instantly. If she drives away you yell "hit and run" as she gets in her car. I know you were banged up and not 100% coherent but also consider whipping out the cell phone camera and taking pictures (including of the other driver and license plate).
#10
Community Organizer
Originally Posted by Ubetit,May 7 2007, 06:34 AM
Unfortunately, I think you'll end up fixing this damage yourself.
So your bike and her SUV never touched, correct?
Sounds to me like you panicked, grabbed too much front brake and the front tire let loose.