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Proper percedure when facing a collision

Posted: Fri Sep 23, 2005 5:22 pm
by Rebeccaatthewell
Hey everyone, I need the answer to a question please from the experienced riders in our group.

When a car pulls out in front of you and you have traffic on either side, is it the best thing to lay down the bike in an attempt to miss the car, or not??

I was in a motorcycle accident on 9/09 and a lady pulled out in front of me because she did not see me. I reached for both breaks and begin to skid then the back tire began to swing causing the steering wheel to jackknife and I knew I couldn't hold it so I let the bike go and laid it down. Because I was slidding down the highway on my helmeted face, I did not see exactly how I missed hitting the car, but by some miricle of God I did. Now the insurance company is saying that even though there is a police report and the driver of the car was given a ticket, they will not pay for my medical or damages to the bike (which I was told today is a total loss). Does anybody have any suggestions whatsoever. I don't know what to do now. Costs for medical are above 1000 and if I can't replace the bike I will never be able to afford another one.

Becca :crybaby: :frusty:

Posted: Fri Sep 23, 2005 5:29 pm
by jmillheiser
If the other guy is at fault you need to file a claim with HIS insurance company not yours.

Posted: Fri Sep 23, 2005 5:29 pm
by jmillheiser
though in many cases your company will still process your claim and simply subrogate the other guys insurance company for the money spent.

Posted: Fri Sep 23, 2005 5:42 pm
by flynrider
There are no hard and fast rules on what to do when an accident is imminent. There are just too many variables. Automatically laying a bike down when a car crosses your path might allow you to avoid the accident, or it might send you and your bike underneath the car and get you squashed.

If the lady in the car caused the accident and was ticketed, why is her insurance company denying the claim? Much as I hate to recommend this, you should really talk to a personal injury lawyer. Some insurance companies will try to deny any initial claim in hopes that you will just accept it and go away (saves them big money). Once you have a lawyer, their attitude will make a 180 degree change.

Posted: Fri Sep 23, 2005 5:55 pm
by oldnslo
This is definitely at the attorney stage. The car-driver's insurance, under the assumption it was the car driver's fault, should pay all of your expenses pertaining to their policy-holder's error. This would include medical as well as replacing your bike.
As a general rule, it is unwise to lay the bike down, as metal or plastic has far less ability to slow you down than tires and brakes. When you get another bike, practice panic stops to minimize locking the rear wheel and causing a slide-out. In the meantime, sue their pants off if possible. Trouble is, different rules seem to prevail in different states.

Posted: Fri Sep 23, 2005 6:13 pm
by jmillheiser
at this point Get a Lawyer

Re: Proper percedure when facing a collision

Posted: Fri Sep 23, 2005 7:13 pm
by Mintbread
Rebeccaatthewell wrote: When a car pulls out in front of you and you have traffic on either side, is it the best thing to lay down the bike in an attempt to miss the car, or not??
No way. Let the brakes do their job, but if worse comes to worse just hit the car. I have heard too many stories where a rider has avoided hitting a car that is in the wrong only to have the driver of the car leave the scene because their vehicle was technically not in an accident.

Posted: Fri Sep 23, 2005 7:52 pm
by 9000white
when you "lay it down" you have no control whatsoever.
if you didnt make contact with the other vehicle they are not responsible for anything.saw that explained by a judge here in court.

Posted: Fri Sep 23, 2005 8:04 pm
by Rebeccaatthewell
if you didnt make contact with the other vehicle they are not responsible for anything.saw that explained by a judge here in court.

Even if they were cited and given a ticket by the police for failure to yeld the right of way???

Thanks for all the advise eveyone. I will admit that I didn't lay the bike down with a deliberate thought, it was just a by product of the front jackknifing and me realizing that I could not hold it anymore and not wanting to get trapped under the bike so I let it go ahead of me. The insurance question is with her insurance company and I am seeking legal council at this time, although this causes me knotts in my stomach, because where I grew up, only disreputable people sued anyone. In my family, no one has ever sued anyone for anything so I am very embaressed about it as well. I KNOW that I did everything that I am cappable of doing to avoid the accident, and looking back, I cannot think of anything I could have done different. If I had not laid on the breaks as hard as I did, I would have smashed into her car (solving my insurance denibility problems, but probally putting me in the hospital instead of getting up out of the middle of the highway and walking away with bruises and a mess of road rash.

Thanks for the advice!!! I am really struggling with all of this.
Becca

Posted: Fri Sep 23, 2005 8:42 pm
by 9000white
what kind of bike was it????

Posted: Sat Sep 24, 2005 3:51 am
by Henriettaah
Rebecca, I don't have any practical or legal advice here but am only offering my sympathy, as dealing with this kind of post-accident kerrapp is nothing but a stressful headache. :( I can only imagine if you have written your bike off that it is even more distressing not to be able to get it sorted out quickly! Keep going girl. I'm pleased you came out unscathed in the smash. :muscles:

Posted: Sat Sep 24, 2005 4:51 am
by TechTMW
Rebeccaatthewell wrote: The insurance question is with her insurance company and I am seeking legal council at this time, although this causes me knotts in my stomach, because where I grew up, only disreputable people sued anyone. In my family, no one has ever sued anyone for anything so I am very embaressed about it as well. I KNOW that I did everything that I am cappable of doing to avoid the accident, and looking back, I cannot think of anything I could have done different.
Becca
You know you are in the right - then follow your own signature quote ... 8)

Always try to keep the rubber side down - even in a situation like this -

You can keep better control of the bike
Rubber is alot less slippery than metal/plastic is

Get the lawyer. You probably won't have to sue anyone. Typically, if you have legal representation call the insurance company in your behalf, they are much more willing to work with you. You MUST realize - Insurance companies care NOTHING about you - no matter what the advertisements say .... You should not feel embarassed in any way for simply demanding that they do their job.

Posted: Sat Sep 24, 2005 7:57 am
by shane-o
this isnt gunna be popular, and im sure the doods are gunna line up to tear me a knew one........

but


As for laying ya bike down as a means to avoid a collision, or as any kind of willfull defensive act, i think is total BS.

If you have found your self in a position where laying ya ride on its side and surfing it into an object is the best method of salvage, then Im afraid you atre the one who has made the mistake not the puck who pulled out on you !!!

In order to stay alive you need to not put your self in any position where by you rely on a complete stranger to follow the rules and keep you alive.


having said that

Im glad your ok, and I hope you take the person who hurt you and your bike for as much as you can get out of them.

Stay safe.

Posted: Sat Sep 24, 2005 8:31 am
by Lion_Lady
Laying the bike down to avoid a collision is never the best option.

Glad you're okay.

I'm gonna go practice emergency braking so I don't get surprised.

P

Posted: Sat Sep 24, 2005 9:04 pm
by Mag7C
Rebeccaatthewell wrote:The insurance question is with her insurance company and I am seeking legal council at this time, although this causes me knotts in my stomach, because where I grew up, only disreputable people sued anyone. In my family, no one has ever sued anyone for anything so I am very embaressed about it as well.
My family is also against suing. However I believe in your case it is very justified. It's not like you spilled hot coffee in your lap and want millions of dollars in psychological damages. If you've been wronged and have taken every possible step to make it right, and it hasn't been made right, then you should use the system as it is intended and not feel guilty about it.

Insurance woes

Posted: Sat Sep 24, 2005 9:11 pm
by WicAndThing
Another point you may want to check into is seeing if you can get a copy of their insurance policy. If you can't, your insurance company should be able to. That way you know exactly what kind of coverages she has and what the maximum liabilities are. It is not required to have medical coverage on your policy. It makes good sense if for nothing more than to keep yourself out of court. However, if her policy doesn't cover it, they will never pay your medicals and you will have to sue.

Glad you are OK. I locked my front tire up today in the MSF course but managed to keep the rubber side down. Will definately be practicing that panic stop more!

Posted: Sun Sep 25, 2005 1:06 pm
by Rebeccaatthewell
The bike was a 93 Suzuki Intruder 800 , but it only had 14,000 miles on it and was in really good shape except for the seat, and or course the new one I had ordered came in the same day :)

Becca

Posted: Sun Sep 25, 2005 4:12 pm
by 9000white
if it slid on it's side it might be fixable.if it ragdolled that's another story.

Posted: Sun Sep 25, 2005 5:51 pm
by Rebeccaatthewell
It slid on it's side. in fact it didn't completely touch on the side of the bike because the foot rest under the clutch jammed halfway up and dug into the pavment which slowed the bike down considerably and kept if from sliding completely on it's side. The clutch wires attached to the handlebars have the leather covering completely sheered off of the wires. That is why it won't crank I think. I didn't see anything else other than the foot rest being half eaten off and the front signal light being partially "eaten" and the wiring. I could not even find a spot on the side of the bike where it slid.

Becca

Posted: Sun Sep 25, 2005 6:00 pm
by Nibblet99
Rebeccaatthewell wrote:Proper percedure when facing a collision
Miss! :D




Sorry, been trying to restrain myself, but finally failed :oops: