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Rear ended...

Posted: Sun Sep 27, 2009 9:09 pm
by JC Viper
I came to a traffic light that is notorious for changing from yellow to red in a split second but I still had enough time to stop. Some guy behind me thought I was gonna run the light and he wanted to run it too so instead of seeing me stop he kept right on going. He slammed into the back of my bike and I managed to stay in the seat then stood up and jumped off before his hood could get me. I made it out okay (I'm guessing since there's no pain and I didn't really get hit by anything)

The guy got out wondered if I was okay and tried bartering with me instead of wanting to get the police involved. He then tried to give me his insurance info without getting the cops involved but without a police report it would've been hard to prove so I insisted for the cops. Well while making the call he took off and I managed to break off his mirror and get his license plate number.

Turns out his plate doesn't turn up on the cops computer on being insured which I found odd because it was a new looking Ford Focus. Basically it looks like I'm stuck with the bill for towing and deductible. Even though the police will "investigate" i'm sure nothing will turn up and now I wished I had exacted my own justice on him instead of doing things civilly.

Damage: bent rear rim, broken rear fender and tail light assembly and a bent shifter (not too bad since I managed to keep it from falling hard).

I want to sue the city for making this traffic light a ticket trap for the split second yellow and for allowing some douche to get plates for an uninsured car if the lack of insurance is the case. I haven't been compensated for past accidents and luckily they weren't too bad but this time I cannot ride it back home and it's sitting in a storage yard until I pay the $150 towing fee or risk leaving it in an area where I will rack up parking tickets and risk abandonment. Plus they're not interested in actually capturing the guy for hit and run and being uninsured from their tone and that MY insurance will pick up the tab.

Posted: Sun Sep 27, 2009 11:15 pm
by JC Viper
This is where my avatar would come in handy. Being a biker the police aren't too interested in finding the guy who hit me because they probably use the defense of "I didn't see him" meaning the police are ineffective and may have a bias against riders and that I should pursue street justice because this has happened several times before where I got stiffed and shelled out thousands to repair my bike (total cost over 7 accidents).

The cops at the scene were nice but I'm sure the detectives "on the Job" might see this as another bad biker riding at night getting rear ended by someone who didn't see him (I have a lot of visibility on the back of my ride) and that it won't be priority to find the guy since I wasn't hurt and the damage "looked" minimal.

I should've run the light considering it changed in a split second but there was a police precinct 2 blocks away. Too bad there wasn't a cop to be found while me and the other driver were standing there for 5 -10 minutes before he took off. And it took the police 10 - 15 minutes to get to the scene after he left. Go figure... and there's 2 bars a block away. kinda obvious to place some patrols out... especially at 12:00 AM.

I'm not a sue happy person but this situation was f'd up.

Posted: Mon Sep 28, 2009 2:35 am
by fireguzzi
dodo man! thats screwed up. I hope they get that dude and take his license. (then they can tie it to a stick and beat him with it)
Sorry to hear about it for sure. Glad you are ok though.
You got a plan for getting the bike back?

Posted: Mon Sep 28, 2009 3:42 am
by JC Viper
fireguzzi wrote:dodo man! thats screwed up. I hope they get that dude and take his license. (then they can tie it to a stick and beat him with it)
Sorry to hear about it for sure. Glad you are ok though.
You got a plan for getting the bike back?

Progressive is taking care of the towing and storage fees and are hunting for the guy and see what can be done with him. So far I'm only stuck with the deductible and an adjuster will inspect the bike to estimate the cost and see if it's a loss but he said it most likely won't be. They're still using the price I paid for the bike and not the adjusted value.

As for the City or state for allowing this douche to run around uninsured and drugged up behind the wheel something must be done. Plus I'm still pissed that if the traffic light didn't change instantly from green to yellow to red I wouldn't have been rear-ended and is the reason why so many people run the red there when I'm driving thru the intersection. Possible ticket trap but there were no cops around. I seriously should seek damages from the city... thoughts? He had a new Ford Focus and recent looking plates but you have to be insured before you get those so how the f* did he get it?


Thanks but I owe my being ok to martial arts training for the increase pain tolerance (I feel nothing but a little sore from the force) and quick reflexes and muscle movement memory to know how and when to get out of the way without getting hit (inches from his hood and he still pushed the bike 2 feet away after it fell). Plus the steel frame on the bike took the impact quite well. Japanese build quality FTW!

Posted: Mon Sep 28, 2009 5:11 am
by JC Viper
Ok so Progressive found the other party involved (instead of the police :roll: ) and that they indeed DO NOT have insurance and that Progressive is now in the process of getting whatever they can from them. Not surprising I guess, Insurance companies can be pretty ruthless but I hope Progressive tells the police so they can charge him. According to NYS law he'll have a misdemeanor and that's it nothing major. He could have a suspended or revoked license but I doubt it and he'll probably be out on the road by the end of the year. :evil:

How do you get a new car with plates without insurance? NYS DMV states that if you don't have insurance you don't get plates or you turn them in.

Well, now the question is do I get a lawyer to go after the idiot driver regardless of a happy ending?

Posted: Mon Sep 28, 2009 5:14 am
by Nalian
Personally I would focus on myself and making sure that I and my bike are taken care of. If those things are to my satisfaction, I don't see the point in going the lawyer route. What will that do for you besides eat up time, possibly money, and get you to stew over the incident everytime you think about it. That does you no good.

You should count yourself lucky that you're ok and it sounds like things are going your way.

If those things are not done, a lawyer might be necessary.

Posted: Mon Sep 28, 2009 5:26 am
by JC Viper
Nalian wrote:Personally I would focus on myself and making sure that I and my bike are taken care of. If those things are to my satisfaction, I don't see the point in going the lawyer route. What will that do for you besides eat up time, possibly money, and get you to stew over the incident everytime you think about it. That does you no good.

You should count yourself lucky that you're ok and it sounds like things are going your way.

If those things are not done, a lawyer might be necessary.
Still not sure what'll happen to my insurance rates come December. Progressive has to pay for 3 towing, 1 storage, and whatever the repairs will cost if the other party won't cough anything up.

The guy left the scene and I don't want to be forgiving, the last time it happened I had to eat $400 worth of repairs because the other driver got a lawyer on me because the damages "came out too high for that little thing." It would've been $1000 for new handlebar and gas tank since the bars were bent a bit and the tank had a huge dent in it and weakened the tank in which I have to check for leaking fuel for long rides.

The city though should not have a light that changes so quickly as a ticket generator, or I should just run that light if I find myself on that road again. And I want this guy to be jailed.

Posted: Mon Sep 28, 2009 6:18 am
by Magna
In British Columbia he would be charged with " Leaving the scene of an accident" amonst other things.

Posted: Mon Sep 28, 2009 6:38 am
by JC Viper
Magna wrote:In British Columbia he would be charged with " Leaving the scene of an accident" amonst other things.
He would be but it's just a Misdemeanor unless I was hurt or killed. There's possibility of his license getting revoked or suspended but I hear it rarely happens in this state or if it does it doesn't stop them from driving. Plus there can be jail time but not sure if he'll get any. I just want some justice aside from a fixed bike.

He was also on something or drunk by the way he spoke and walked and he did smell like alcohol.

Posted: Mon Sep 28, 2009 6:42 am
by Gunslinger
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.