got SMIDSY'd last night

Discussion in 'Face Plant' started by geoffh, Oct 27, 2011.

  1. wmax351

    wmax351 Been here awhile

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    In my accident, I was going about 20-25. Guy cuts me off in a forced merge (went over solid white line) then locks his brakes. I hit the bumper and get flung over the handlebars. Roll on the trunk (left red marks from my helmet), land on my shoulder (In a thick leather jacket), and roll as I hit the ground. I was fine except for a sprained wrist from holding the brake, and a bit of a nutting from the gas tank.

    Its all about how and where the force is applied.
    #21
  2. gofast1320

    gofast1320 Been here awhile

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    You have a picture of the bike and you have the bike so you can prove where you were. Measure the scene and use your photo along with a diagram showing all the different players and TAKE THIS with you to talk to the officers supervisor. If they blow you off don't give up. Use the same argument with the insurance company. My daughter got a ticket after a girl hit her cage and knocked her 180 degrees off the road. The girl that hit her stated my daughter turned left in front of her and my daughters story was I was just sitting there and she hit me. I took photos of the accident site and the damage on the two cars. With a drawing of the site and photos of the damage along with two model cars it took about a minute and a half to demonstrate exactly what happened proving my daughter was sitting still and the other driver had lost control of her car and come into my daughters lane and hit her while she was waiting for the intersection to clear so she could turn left safely.
    Hope this helps. Glad you had you gear on and weren't badly hurt.
    #22
  3. geoffh

    geoffh Adventurer

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    My gear list:
    Aria RXQ - which I think didn't even hit the windshield but may have
    Rev'it Dragon Jacket - Knox pads in the shoulder took the brunt of the windshield and it looks good except for some rips and scuffs in the shoulder area
    Rev'it Comet gloves - held up fine, my fingertips got jammed somewhere and hurt a little but it went away.

    I slammed on the brakes when they turned in front of me, it's a 4 lane road (two each way) in center city Philadelphia and I'm always keeping an eye out for just this sort of thing. I saw the headlights in the turning lane and covered the brake. That is probably what kept me from really getting injured. As soon as they turned, I hit the brakes and slowed down pretty much.
    I was wearing a thick, padded backpack which probably helped a bit too. I also could be unbreakable:D
    #23
  4. Waldo308

    Waldo308 Grouchy Olde Pharte

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    That's gotta be the answer! :lol3

    Thanks for the response. I'm sure that covering the brake and managing some velocity control is much of what saved you but wearing the gear surely prevented some seriously painful bruises.

    Thanks also to WMAX351 for the details on your experience.

    Really glad you both are walkin' and talkin' and hopefully riding.

    Thank you for your time.

    Regards,
    #24
  5. wmax351

    wmax351 Been here awhile

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    Glad to share the details.

    And the best part is that AVIS rentacar, the owner of the cage the flakeball was driving, paid (and indirectly, the driver paid avis back) for a semester at UC Berkeley, because the judge agreed that the repair estimate from the BMW dealer was a reasonable value for the work that was needed on my 1983 R65LS, and AVIS blew me and the court date off. Therefore, they weren't able to total it out. Did the work myself, sold the bike (I'd already replaced it) with a new frame to a young guy as his first bike. Everyone won.


    With regard to physics and injuries, it all depends on the situation. People can walk away from a slide at 90mph if they are geared up, but can suffer a fatal head injury at a standstill without a helmet. Hitting stuff is bad when you are sliding. Highsides are bad. Getting catapaulted over a car can be bad, but not always. I know a guy who rear ended someone years ago, (in fact, about a 1/4 mile from my crash) and walked away without a scratch at 30mph. Same thing. Launched, slid, and rolled.
    #25
  6. geoffh

    geoffh Adventurer

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    Just a small updated. My insurance called today, they decided to total the bike. Seems like KTM parts are pretty expensive and it all ended up being too much.
    Their initial offer was for 6411.83 and with my $500 deductible puts me at 5911.83. I'm not sure how I feel about it yet, but mostly I'm worried that I won't be able to find another Duke 690 that I can afford.

    I wonder how those 796 Hypermotards are pricing out now (or rather what they'll be selling for next season - seems silly to buy now).
    #26
  7. wmax351

    wmax351 Been here awhile

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    Let them total it, then buy back the salvage. You can put something together.
    #27
  8. geoffh

    geoffh Adventurer

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    I'm a bit scared of that but I'm doing some research. I have some trusted shops, but I wonder how much it'll all cost and I'm concerned about safety.
    #28
  9. wmax351

    wmax351 Been here awhile

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    It depends. You can get the frame straightened and inspected, which is the main worry.

    A lot of it is fairly simple, but time consuming stuff. Its worthwhile to do it yourself, but probably not worthwhile if you have someone else do it.
    #29
  10. geoffh

    geoffh Adventurer

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    Thanks, doing it myself is not an option really. I'll be leaving the country at the end of December and won't be back until deep into next year's riding season. I'd prefer to come back to a ready to ride bike or just buy a new one at that time.
    I'll consider it a bit longer, but I think it may be time for a replacement. :1drink
    #30
  11. wmax351

    wmax351 Been here awhile

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    Yeah. Sounds like you should just get something else. You may still want to buy back the salvage, and sell it to some kid as a project. Might end up as a cool cafe/etc bike instead of parts.
    #31
  12. geoffh

    geoffh Adventurer

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    Another decent idea, thanks man.
    #32
  13. geoffh

    geoffh Adventurer

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    An update for those who still remember:
    It's been determined that the USAA customer was 80% at fault, but the other 20% is my fault for speeding based on the "eye witness testimony" of people who "head me speed up to make the light." I think that's bull, because the light was green from the time they turned into me to the time we crashed. Oh well.

    I'm not actually sure if USAA agreed to this or if an arbitrator found this. Based on the time involved, I think it went to an arbitrator who decided it. That means I get 80% of my deductible back. I wonder if it'll have any bearing on any future lawsuits, I would imagine so.
    #33
  14. Duken4evr

    Duken4evr Been here awhile

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    By way of background, I have been a claims adjuster/supervisor for 24 years.

    It sounds like the property damage claim for your bike went to Inter-company arbitration. The arbiters (I was one for awhile, got sick of it) are insurance company employees. They are given a free lunch and basically volunteer to review cases. The 80% decision has no bearing on your injury case. It is not admissable in court. The insurance company may use it as a negotiation tactic, but in the end, it really means nothing.

    They should also pay you for your damaged gear as part of your property damage claim. You also most definitely have a bodily injury claim. That is separate from the property damage claim.

    Bottom line is you were minding your own business, not doing anything illegal or otherwise wrong, and the other driver totaled your bike and injured you. You have a right to be pissed about that, and to pursue that way. Don't let them rip you off.
    #34
  15. geoffh

    geoffh Adventurer

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    Why wouldn't it be admissible in court? I know that arbitrations are usually kept secret, but the underlying facts should be allowed. Those being that A) there was an arbitration and B) I got 80% of my deductible back.
    A finder of fact should be able to infer that the arbitrators already decided fault.
    I know that won't have any precedent or power over any subsequent court decision or settlement, but it very well could be persuasive to a jury or fact finder.
    #35
  16. Duken4evr

    Duken4evr Been here awhile

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    The arbitration finding is by "volunteer" (most are forced to go by their bosses) insurance company employees. There are no rules of evidence - the cases are decided by paper files submitted by the carriers. The finding is not admissable as evidence, the court considers the finding "hearsay".

    It is really a next to moot point though, few cases ever go to trial. In my 24 years, I think I have had about 5 trials. The reality is trying a case costs a bundle, cheaper to settle. Be a pest. They will give you the money :rofl
    #36
  17. Droptop50

    Droptop50 Been here awhile

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    DO NOT TAKE THE INSURANCE COMPANIES FIRST OFFER!!!
    I believe they want to make it go away as inexpensive as possible. In my u-turning cage accident, for personal injury I was offered $5500 or so, I fired back with a 10k settlement offer. They settled in the middle. Work them until you are satisfied. :evil
    Sorry about about the anal intrusion, that didn't happen in my treatment.....:clap
    #37
  18. geoffh

    geoffh Adventurer

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    You got it man, no first offers!

    You missed out on the anal intrusion man, you don't know what you're missing :rofl
    #38
  19. Hoo Rider

    Hoo Rider Been here awhile

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    Any witness can give testimony regarding an issue of fact (e.g. the car turned left in front of the motorcycle), but only an expert witness can give testimony regarding an issue of law (e.g. who is at fault).

    Thus the arbitrator's decision could be admitted into evidence, but the court would have to find that the arbitrator is an expert. Expert's also have to show their work (i.e. how they came to the conclusion), usually in the form of a lengthy written statement.

    My guess is that most insurance arbitrators would not qualify as experts in the eyes of the court. Even if they did, showing their work (which can be picked apart by opposing counsel) would likely cost more $$ than they want to spend.

    You sure about that?

    :deal

    :rofl :rofl
    #39
  20. spezjag

    spezjag Long timer

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    This is a technical thing, but generally (note I said generally) the arbitration process is considered pre-trial negotiation, and pre-trial negotions and offers and such are not admissible, This is a policy thing designed to promote free and full discussion in the course of negotiations; if these types of statements were admissible in a subsequent trial, everyone would be sweating what they were saying and how it might be used against them later. That would defeat the purpose of negotiation, and result in more litigation, not less.
    #40