Bike hit by dually at work.... ins. questions

Discussion in 'Face Plant' started by DualSportDad, May 23, 2012.

  1. DualSportDad

    DualSportDad Long timer

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    while i was eating lunch today in our break room i got a call from another employee saying that our porter just ran my bike over with a diesel dually. turns out another employee was in his truck eating lunch (black dakota in the backround) and saw the whole thing. i'm still not sure of the severity of the hit but i was told the guy backed the truck up into the back of the bike and just kept on backing up pushing the bike into the curb and lifting the back end of the bike off the ground where he said it then fell over . it's unclear if the truck continued to back over the bike or not.

    to me it seem like the only way the rear end should have come up is if the wheel turned and instead of the front wheel just rolling over the curb it got bound up.... but by the pic below it's clear that the bike at some point made it over the curb.

    at first i thought nothing was wrong with the bike and told a manager that it looked fine but i was going to take it for a spin just to make sure. it didn't even take 50 feet to know something was wrong. steering feels kinda like i have a flat front tire... it's fine of course and when going over bumps i can hear a "clacking" noise. i noticed that my rear fender it loose but not sure if that's where all the noise was coming from. i turned back to the shop and was about to start taking the bike apart to see what was wrong but i had cars to work on and i wasn't about to start to take my bike apart for free and loose money working on other stuff over something that wasn't my fault.

    i did give it a once over and off the bat i can see that the bars are bent, left bark buster is bent, sub frame or swing arm is bent, rear fender is loose but bolts are all tight.

    anyways.... i've been at my job for 11 years, my boss' are cool, i get along with them and they work on commission. i'm pretty sure if i file a claim on the shop it will come out of their checks. i have insurance on the bike and my boss said that he'll find a way to cover my deductible. i'd rather have my ins. company just take care of it anyways and leave work out of it. my question is... will my insurance go up? to be clear here i just have comprehensive ins.

    oh and keep in mind my bike doesn't steer right... doubt the bars have anything to do with that.

    here's some pics:

    bike as i'm walking up to it.
    [​IMG]

    bent rear
    [​IMG]

    you can see where the bolt was for the bark buster and where it is now.
    [​IMG]

    cross brace moved cause left side of bar is bent up... you can see where the brace used to sit.
    [​IMG]
    #1
  2. ragtoplvr

    ragtoplvr Long timer

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    You have to tell the insurance company the truth, anything else is insurance fraud, a crime. They will recover the cost from work. You have posted on the internet. Even if you erase it now, it is in a buffer somewhere and will come back up at your criminal trial for insurance fraud.

    Like you momma told you, the truth is the best policy.

    And the bike is totaled.

    Rod
    #2
  3. DualSportDad

    DualSportDad Long timer

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    woah... no one said anything about lying..... if they are going to get the costs from work that's fine.... i mean it was a employee that did this that was on the clock in a customers vehicle. i was just hoping that they wouldn't. i actually just got off the phone with my ins company, i filed a claim.

    why do you think the bike is totaled? i really hope it's not, i've had this bike for a while and i really like it. not to mention i'll never find this bike in florida again with a tag.
    #3
  4. notarat

    notarat Been here awhile

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    One question: Were you parked in an area you were not supposed to be parked?

    If you were parked legally

    1 Best case scenario. Your insurance will go up and they may drop you.
    2 Worst case scenario. You end up in jail, no job or bike, and no employment prospects once you get out because you're a convicted insurance fraudster.

    Tough choice? Not really.

    Your bike is pretty hosed up. I know you want things at work to go well but you gotta tell the insurance company the truth. There is no way around that. It doesn't matter if the repair/replacement cost comes out of your boss' pockets. The shop has insurance (or it had better have) so they are responsible for the repair/replacement. They'll take that money out of the driver's pocket. Not yours.

    They cannot fire you over this either unless you were parked where you shouldn't have been. If they do, any reputable attorney will be falling over him/herself to sue the company to the point that you get a fat enough settlement that you don't have to worry about work for a good long while.
    #4
  5. DualSportDad

    DualSportDad Long timer

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    damn i think i need to go and re-read my original post. did i come off as i was going to lie to the insurance company? if so i didn't mean to.

    and yeah i was parked out back where my boss told me to park. i used to park in our service drive but my boss asked me to start parking about back. i was parked on our property... so nothing illegal.
    #5
  6. DualSportDad

    DualSportDad Long timer

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    this is about to change into a whole other question.... i was just made aware that even tho my bike was hit in a parking lot while i was not driving it this would technically be covered under collision insurance. i don't have this.

    i was always told that comprehensive was for if the vehicle was damaged or stolen while parked. i did a search and found that most places state there was a "accident involving two or more vehicles" it would be covered under collision. would this be considered a accident even tho both vehicles weren't being driven?

    i found this on a web site.... it is the best i can find so far:

    "Comprehensive is also used as a way to protect your vehicle while it is in storage. If you are not driving your vehicle for an extended period of time, you might be interested to know, comprehensive provides protection for physical damage while it is parked. So if anything happens to the vehicle while it is not being driven, comprehensive coverage will cover the costs of repairs minus your deductible. You can save a lot of money by taking liability coverage off the vehicle and having comprehensive coverage only."
    #6
  7. 250senuf

    250senuf Long timer

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    Since you were (legally) parked it is all up to the driver of the vehicle that smucked your MC to pay up. IMHO.

    Hit something stationary (parked legally or not) around here and it's the operator of the moving vehicle's fault. At fault pays.
    #7
  8. ChadHahn

    ChadHahn Been here awhile

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    The person who hit your bike should call the police and file an accident report. Then your insurance agency will file a claim with his insurance agency to straighten it out.

    Chad
    #8
  9. Queenie

    Queenie Adventurer

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    Private property parking lot. Traffic laws do not apply so the police will not complete an accident report on it. It's a civil matter. The guy that hit it is responsible for damages and the employer could be too because the guy was driving a customers car.
    #9
  10. hardwaregrrl

    hardwaregrrl ignore list

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    Man that just sucks all around!:huh Sorry this happened to you but the bike is more than likely totaled. As I see ragtoplvr already said....I bet you a pink slip your frame is bent and probably your fork tubes as well. Buy it back, get a new frame and front end and hopefully you can transfer the title over and keep the tag.
    #10
  11. anmut

    anmut Adventurer

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    +100 - when I was a teenager my friend and I were hit by a drunk driver in a hotel parking lot on a blind corner. Totaled his car out. Cops were too late to make a determination on who was actually driving when they finally got there so guess what - no ticket - mutual fault accident - it was hell for him to get his money out of the value of that car because of it.

    Good luck to you man - I hope your insurance company treats you right on this one. More importantly, I hope your bike gets fixed quickly!
    #11
  12. CanadianX

    CanadianX Oh!? That is deep.

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    Not sure about the rules where you are but I'd say the driver of the other vehicle will need to pony up. Private property or not a accident report should be filed and your insurance as well as the other parties insurance should be notified. Regardless of whether it is insurance or the business that ponies up you shouldn't be out of pocket or go through your insurance unless it is to simply have your insurance company claim against theirs. Shouldn't see an increase in your insurance either as you were not at fault and your insurance company isnt paying out anything. Why would you claim against your insurance anyway? Nice bosses and all should step up and make this right, not on your back or your insurances.
    #12
  13. MJS

    MJS Long timer

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    Sorry, but insurance will total the bike in all likely hood if there is even a chance of frame damage.

    The other driver is wholly responsible for 100% of the damages. Which in this case is probably the driver's employer since he was on the clock and driving for work. I don't know about FL law and your (driver's) employer may have a statement on the customer's WO saying they are still the primary party of responsibility when their vehicle is being test driven. I'd ask the employer to replace the MC. They could write you a check or file with their insurance, their choice. But they need to make you whole. Let them go after the customer's insurance if that applies.
    #13
  14. DualSportDad

    DualSportDad Long timer

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    the frame being bent is my biggest fear. i checked the headstock and i didn't see any paint chipping or cracking so i'm hopeful that the frame is still good.
    #14
  15. DualSportDad

    DualSportDad Long timer

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    if my insurance company wants to go after my work that's fine... it's more indirect like that. wether i'm covered or not by my insurance i'm going to take my bike this saturday to a dealer just north of me and drop it off. if my insurance isn't going to cover it i'll just hand my boss the bill.
    #15
  16. acesandeights

    acesandeights Asperger

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    I was an insurance adjuster for the largest insurer of motorcycles in the US. Insurance is a state controlled business and therefore the laws related to insurance vary by state. I worked in Oregon, so what I offer is my experience and opinion but in no way am I telling you what will happen.

    Comprehensive does not cover collision damage. It is for things like your bike getting stolen. Collision is your vehicle hitting or being hit. Your insurance company probably cannot handle the claim on your behalf because unless they pay your claim they have no right to subrogation (getting the money they put out from the at-fault party). With no collision they have no way to pay the claim.

    You will need to contact the insurance carrier on the vehicle that struck your bike. The way it works in Oregon is insurance follows the vehicle, not the driver. So, if the vehicle is insured by a customer you would need to call their insurance company. They may not be on the hook for it though if your company was in charge of the vehicle. Again, in Oregon, commercial/business policies (that take possession of a customer's vehicle) typically have a "garage keeper" endorsement. The garage keeper (the business) assumes liability coverage when a vehicle is in his possession. So, if it's like Oregon, you'll want to contact the vehicle owner's insurance carrier to see if they are liable. If not they will need to deny liability formally. The commercial business' insurance company/risk management would then be on the hook and would handle the claim.

    All that being said, you should probably make some phone calls and take the bike to either a dealership or a well respected motorcycle mechanic for an estimate. Do not have them start the work until the insurance company has an opportunity to see it. Some insurance companies have their own adjuster write the estimate. Also, some insurance companies will total a bike that has frame damage (not just the thought it might...a good adjuster will be able to determine frame damage). Any specific questions, you can PM me.
    #16
  17. DualSportDad

    DualSportDad Long timer

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    thanks a lot. i looked at my policy and yeah... i'm screwed on my end. i really need to call my insurance companies for my bike and my cars and get that changed.

    i've been researching, my work is responsible. i'm going to tell my boss in the morning that i'm taking the bike in for a est this weekend so he has a heads up.

    i don't know why but i feel bad for having to do all of this.

    edit: i should mention as well, there is no way for me to find out any info about the truck that hit my bike. the porter was pulling it around to a customer, customer and truck were long gone before i even got the call about my bike getting hit.
    #17
  18. trc.rhubarb

    trc.rhubarb ZoomSplat!

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    As a manager, I would do everything to assure you that you will be made whole again.
    It's called 'doing the right thing'

    Talk to your boss, I'm sure he/she wants to do the right thing but probably assumes you know this already.
    #18
  19. pennswoodsed

    pennswoodsed lizards,bugs and me

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    Some one knows whose vehicle it was , repair order, delivery order ,recon order . A porter usually doesn't drive random cars off the street . Porter works for the business,their responsibility . If Shop,dealership doesn't wish to do the right thing ,better to find out now. Was picture of bike in your work area ? Oh ,and concern about commissioned managers pay is misplaced.
    Your employment is a business transaction, the property damage to your vehicle is a business transaction. Be professional and polite and ensure that your insurance company does their job restoring your loss.
    A deliberate(forceful) service manager at the bike repair end would be a great asset.
    regards,Ed
    #19
  20. acesandeights

    acesandeights Asperger

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    You'll find out how things work when you start moving forward, but this could throw a wrench in things if your work isn't primary (first insurance company in line...again, in Oregon it would likely start with the insurance carrier on the vehicle). The driver being liable isn't how it works here, the vehicle (insurance) is liable first (typically) and that insurance carrier would need to determine if they are on the hook first. I'm sure it'll all work out fine, but here in Oregon there would be a delay in the insurance companies determining which carrier is primary (first responsible) due to not knowing the vehicle or vehicle owner information.
    #20