Proper percedure when facing a collision

[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

[jmillheiser]

If the other guy is at fault you need to file a claim with HIS insurance company not yours.

[jmillheiser]

though in many cases your company will still process your claim and simply subrogate the other guys insurance company for the money spent.

[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.

[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.

[jmillheiser]

at this point Get a Lawyer

[Mintbread]

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.

[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.

[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

[9000white]

what kind of bike was it????