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Posted: Mon Sep 28, 2009 8:12 am
by JC Viper
Gunslinger wrote:7 accidents??? Get thee some Defensive Driving training :mrgreen:

If it was me I'd go after the guy. If Progressive will give you his address have him served. Why would you sit there and let him get away with it? It's not even a question in my mind. You don't even need a lawyer. Seems like a pretty simple case to me.

As far as the insurance maybe he paid for 3 months and just decided not to renew. Maybe his life partner works at DMV. There are multiple ways to work the system and people do it every day.

Regarding the traffic light, good luck with that one. Before you go and sue the city why don't you see if the Streets Department or whoever handles lights would be willing to look at the timing of the light. Maybe they have had multiple complaints and accidents at that light. You could be the catalyst to finally get some action.

Or just run it next time and take your chances. Tickets are better than F'ed up bikes IMHO.
Accidents done by idiots who are drunk and clip me in a bend, merge into the lane sliding my rear tire out, two are my fault for testing out my bike on a track and off-roading, rear ended while moving busting my tail light and bending the license plate, guy knocking me over while on an onramp and he refused to pay because it's too much for a small bike and this one.

only 2 reported within almost 6 years of riding the kawi. the onramp guy didn't want to get insurance involved so I figured why increase my rates? but he pulled a douchebag move getting a lawyer on me to back off.


The traffic light has been like that for years and considering there's a precinct 2 blocks away it might be a revenue trap and there's bars 1 block away. Shame they weren't out when I got hit.

everyone runs the light whenever I'm at the intersection, coming down perpendicular to the street in question. and it's only one side that has the light change problem.

Posted: Mon Sep 28, 2009 8:55 am
by Nalian
I dunno what to tell you man. I didn't say forgive the guy - I said get over what happened if there's no legal route for you to go.

The things you're saying don't really make sense to me from what little I know of accidents around here and the charges they'd get, but I'm not in NY and can't comment on them.

All I know is you being pissed at the guy whom you can't arrest or do anything to - not sure what it's going to do for you. If you want to get a lawyer, go get a consult.

I've never heard of any police officers treating a hit and run as callously as you're saying they are, but I have to take your word for it. I know here that would get a lot more attention if you have the guy and plates.

In MA they are not allowed to raise your rates for accidents you didn't cause. No clue what the rules are in NY.

Posted: Mon Sep 28, 2009 12:49 pm
by RhadamYgg
Dude - that sucks!

I've been following your thread a bit.

Here are some thoughts.

1) You can press charges - you don't need the police for this.
a) Driving without insurance
b) Leaving the scene of an accident (with injuries - because you are not uninjured, you just managed to not get harmed)
c) Running a red light (if he pushed your bike past the stop line - he was going to run the light no matter what)
d) Careless Driving
e) Driving without a valid registration - your plates are your registration - no insurance - car is not legally registered
2) Leaving the scene of an accident is a BIG deal - even if it is a lower class of crime.
3) This person is a jackass. Do you question for a minute that if you don't go after him and he doesn't pay any price for this that he is going to do this again? Who is he going to kill next time around - if that person isn't as lucky as you?
4) Publicize this "Donut Holes" information - it is public information now in the hands of your insurance company. Make sure (if possible) the people he knows know - he's a jackass and a threat to everyone around him.
5) He's not insured - don't you wonder why? It is most likely because the insurance is too expensive. Why is the insurance too expensive - because he's got a pattern of experience - he's either had many accidents before or been a drunk driver.

Anyway, you are going to do what you are going to do, but you shouldn't feel legally helpless.

Also, you can find out who his employers are and notify them that he presents a risk to their employees as he is not properly insured and if anything happens in a parking lot their employees will have just as much recourse as you did. Also, if they know he is driving illegally to work everyday they become responsible as aiding in the commission of a crime.

And if the legal won't help, his license plates are on file with the DMV - and you can find his address. If all things are lost legally, I'd go to his house, and spray paint driving without insurance all over his pretty new Ford Focus. Whether you pull the air valves from his tires or not are your option.

RhadamYgg

Posted: Mon Sep 28, 2009 12:55 pm
by RhadamYgg
Suing the state is a hard sell. Going to 9 on your side and publicizing the problem and complaining to the people that run the lights - that is all do-able.

I had the Staten Island traffic lights. They are all like the one you are mentioning. I'd write up the whole boro of Staten Island if I could - but for now I just refuse to ride my motorcycle there and rarely drive my car there.

RhadamYgg

Posted: Mon Sep 28, 2009 2:20 pm
by JC Viper
I've been researching the laws here and it'll look like he'll only get a misdemeanor with maximum penalties of 1 year in jail, license revocation and a fines. Since people rarely get the maximum and since I was not hurt and the bike wasn't severely damaged noticeably (though once the shop looks at it it'll change) he won't get much in terms of punishment. I say this because from the cases that happened in NY most drivers who pulled this stunt got lesser penalties unless they kill or severely injure someone.

And unfortunately the road with the light is the only road that can take you to the highway without zig zagging for 2 miles to get to the other entrance.

I just hated how the guy had the look like he didn't feel like dealing with my BS and just decided to drive off. I just wanted to bash his face in after that. I started getting suspicious when he tried bartering his "expensive" headphones to make it all go away but if I laid a hand on him well then I probably would have been in trouble.

As for some of the stuff Rhadam... sounds like harassment. really do not want the law to turn against me but it sounds really good and get a smile when I think about doing those things... :twisted:

proof

Posted: Mon Sep 28, 2009 4:01 pm
by pchast
Hi,

I've been reading this and I wonder what would have happened if you had a camera and took pictures, vin number and him, etc... Would he have been violent/aggressive or still just run? Is it worth it???

Pete

Posted: Mon Sep 28, 2009 4:17 pm
by RhadamYgg
Well, I think a lot of things... But since I've never been to prison I've never actually done them...

But publicizing this guys name, and what he did... It isn't slander - it is your witnessed statement and I don't see any problem with that - even going to his employer.

It really doesn't matter what penalty he gets. You see its the conviction or rather what this guy would do to avoid being convicted and having that on his record that is important.

A lot of jobs like Physician Assistant - you can't get a job if you have convictions. And it must be screwed up to check off convicted on resumes for something as seemingly little as a fender bender.

RhadamYgg

Re: proof

Posted: Mon Sep 28, 2009 7:27 pm
by JC Viper
pchast wrote:Hi,

I've been reading this and I wonder what would have happened if you had a camera and took pictures, vin number and him, etc... Would he have been violent/aggressive or still just run? Is it worth it???

Pete
He was agitated when I mentioned getting the police involved so I can present an accident report to the insurance company. While I was dialing and waiting for the operator (slow operators) i was getting my camera ready and his friend in the car had those "dude, c'mawn man" looks and then he started driving off. No point in mentioning that though as he was enough of a jerk off to take off like that and disregard any rules.

He seemed under the influence of something so I was a bit nervous about that and whether or not he was a gang banger but I was pretty ready for whatever. The witnesses who were standing with me said I was way too calm for that. Not sure why I wasn't too angry. My anger picked up though once I was told that towing it to my house would be $150 -200 so I let them take it to their storage yard.

Posted: Mon Sep 28, 2009 7:31 pm
by JC Viper
RhadamYgg wrote:Well, I think a lot of things... But since I've never been to prison I've never actually done them...

But publicizing this guys name, and what he did... It isn't slander - it is your witnessed statement and I don't see any problem with that - even going to his employer.

It really doesn't matter what penalty he gets. You see its the conviction or rather what this guy would do to avoid being convicted and having that on his record that is important.

A lot of jobs like Physician Assistant - you can't get a job if you have convictions. And it must be screwed up to check off convicted on resumes for something as seemingly little as a fender bender.

RhadamYgg
sadly a lot of convicted people in NYC still manage to get decent jobs due to hook ups. And with the not so severe penalties given for killing a rider imagine how small of a punishment he'll get since I was ok. Granted I don't know what the whole outcome will be but I'm sure he won't learn a lesson from it.

Posted: Mon Sep 28, 2009 8:00 pm
by jmillheiser
Your only real option is to try to press chages.


If there are no injuries/fatalities the insurance company is only going to send him a subrogation notice and when he inevitably doens't pay them they will just turn it over to a collection agency, so the only thing its going to hurt is his credit.