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Discussion in 'Face Plant' started by neanderthal, Feb 16, 2019.
Tell the truth ya hit the front brake didn't ya. All joking aside glad yer here to tell about it.
Pisses me off to no end every time I hear of an accident because people can't go five minutes without checking their cell phone. Should you sue? That's a decision only you can make. I would be all for litigation if it thought the individual who slammed into you might change their behavior or learn a lesson the hard way. Unfortunately, her insurance will most likely settle out of court and the only inconvenience to her will be increased premiums which might matter but if her household has an income of $100K plus, it's just a minor inconvenience. We all pay for stupid behavior by others through higher premiums. You're just paying much more in pain and suffering this week.
i went through this a few years ago in DFW as well. except, it was head on t-bone into a suv, that totalled an 850 lb street glide. if the person at faults insurance says one wrong thing, lawyer up immediately. know that whatever their minimum is, is likely all you will get in a lawsuit, if your bills dont exceed that amount. that said, they need to pay for your bike, medical bills, pain and suffering and loss of pay from work. i have a recommendation for an attorney if you need.
Oh man, glad you are ok. This got me stressed out.... your play by play was intense. This is any of our nightmares. Hang tough, it will only get better from here.
Sorry, I got no idea what qualifies as VIP
Sentimental value has no cash value, but play it anyway. The windbreaker and polo shirt will be valued by comparables on ebay, but they meant more to you. Say so. It might make some small difference. You will be paid for all of your stuff whether you replace it or not, as long as you can provide pics of the damaged goods. I'm surprised that they're considering fixing the bike. They need to replace every damaged part, even if only slightly scratched, and pay full retail at the OEM dealership. It's not hard to exceed the value of the bike.
This type of wreck totally pisses me off, and I'm constantly paranoid about it. I've had 2 friends injured from being rear ended. One when he encountered slow traffic on the freeway, just pulling into Memphis...hit by a drunk driver with priors. The other was a member of a group of 10, mowed down by a dump truck (driver on meth, with priors) at a red light in Phoenix. That one was highly publicized, and several of the riders were killed. Terry had several surgeries during his months-long stay in the hospital.
Knowing that you have been worse off doesn't help at all. You've lost property, time at work, an your health might still be being evaluated. The insurance will want to settle cheap and fast. Give them a long list of things to think about. You don't have to settle till you're ready.
We've talked before in some threads as I recall, and as I recall, you're a pretty straight up person.
So, situational awareness. Sounds like you weren't on your game and got surprised. Stay alert, stay aware, have exit strategies, update them constantly. You were apparently asleep at the switch. On a bike, you can't afford that.
Would running the red have worked? Perhaps. Depends on cross traffic. But a veer to the side might have worked, even a dump and dive off the bike. There are several possibilities. And, sometimes, there really isn't much to be done except take the hit.
As for the lawyer, that's up to you. You can certainly talk to one or two and get an idea. Many talk a great talk on TV, making is seem like you're going to get rich. Almost undoubtedly, you aren't. If the insurance company is behaving honorably (it can happen sometimes), you might be fine with them. You can always hire a lawyer and change the game right up until the point you cash the settlement check.
God forbid, in the event this happens to me, I would immediately interview a few reputable attorneys and hire the one I felt would most honorably represent me. There are so many ways for this to go wrong for you: police report inaccurate, witnesses ignored, your insurance screwing you, other party's insurance screwing you, etc etc. You have a lot to do in simply healing and getting your mind back to normal. It's exceedingly difficult to now handle the legal and insurance intricacies you don't deal with on a daily basis. I would strongly recommend an advocate with bite to assist you.
Good luck in your healing and your overall outcome!! Glad you're around to fight.
I lived a quarter mile away from that intersection when that happened, was at work at the Home Depot less than a mile away. It was awful.
Just be sure of lawyers fees, you might end up with the same amount of money or even less versus just going through the insurance process.
Did your insurance just say give them pics of your ruined gear? When I had a motorcycle claim they wanted to physically see it then took it with them.
I appreciate the input y'all. Don't stop. I'm listening, i'm paying attention.
Yeah I can be a cunt ahem, ... rather direct, but I do try to be fair. And I do believe in being upfront and apologizing if i have been offensive or wrong. And learning and improving where wrong. It's a work in progress.
I had sinusitis on the day. Really bad. I couldn't breathe well with the neck collar on. Here's the thing though, I was watching my six, since i'm almost paranoid about being rear ended, but I must have been distracted and antsy about the light taking a long time and not paid attention if she was genuinely getting in the turning lane. That's possible. But i recall only seeing her lights approaching from behind pretty much the split second before impact.
It wasn't raining like I said, but there was a heavy mist about, enough to have mist and raindrops on my mirrors. And you know how raindrops skew your depth perception. However, that said, I can't rule out my not paying attention. I won't.
Alternate theory, she was trying to go straight and strayed into my lane and hit me. In the police report she estimates her speed as ~40mph. This theory would dovetail very nicely with going straight but strayed into my lane. Because who takes a 90 degree left turn at 40mph? In an SUV? At night? In the rain? precipitation?
Which begs the question? Should I then ask the policeman who took the statement from her if she was going straight, or maybe ask the eyewitness to provide any more clarification. Would that make my case any stronger? Feel free to chime in from the cheap seats.
As for the lawyer, i'm thinking wait and see what they offer. If they pay medical, replace my bike, compensate me for my stuff and lost wages, then I can't say i've been swindled/ cheated/ low balled much. That's the very least of what would be considered fair and reasonable. Any shekels on top for pain and suffering and they're being a good sport. The other party has good insurance (USAA) has admitted fault, confessed they looked at their cell phone, admitted they were travelling 40mph (high for making a turn, but it is within the speed limit which is 50mph.) The facts point to a speedy conclusion of this in my favor. But insurance companies will insurance company be right fucking cunts when it comes to paying out. I'm not holding my breath.
Today was better than yesterday. My only two errands were getting the rental car and going to the doctor.
I'm guessing they'd set me up as having a car that was a Honda Civic, because that is what the rental car person asked me. I corrected him and said I had a motorcycle. And they gave me a Nissan Versa. I call it a penalty box coz it is a miserable little car. Gutless. Featureless. Unrewarding in it's responses. Quite recalcitrant in fact. MSRP: less than my bike. I have a good mind to go get a Nissan Sentra instead. It would be an upgrade by any metric, though not a joy to drive either.
I have been looking at replacement Africa Twins online. Nearest Honda dealer with the best price seemed to be 25 miles away so I told my navigation to take me there. I wanted to see the black one in person, and compare to the 30th anniversary red, white and blue one. (the damaged bike is a red white and blue but it's not the same livery.) Except the Powersports dealers over there doesn't carry Honda. Google doesn't know everything. I should have been more specific, but i'm dealing with injuries and pain from an accident so i'm trying not to be hard on myself.
Doctors visit went well. X-rays showed less curvature in my neck and lower back that is typical; doctor said it's likely because of whiplash. They've set up a 2 month treatment program I have to adhere to. Today was; Massage. Electrical stimulation. Stretching. I hate stretching, but I worked hard at it today. Enough to grimace and invite comments.
I wasn't up as long as I was yesterday, and didn't have the aggravation of the ER people. And with the massage and electrical stimulation I came home in much less pain than yesterday. I haven't taken the prescription pill yet (avoid using this medication and driving! Ok ER doc why give me a heavy pill like that then only give me two days off work? How do you think i'll go to work? Yes, i'm still salty!!!) But it's dinner time now and I can feel the therapeutic effects wearing off. Time to take a pill and go to bed.
I'd get lawyered up - she most likely will be.
The saying goes "The only person who needs a lawyer is to protect yourself from someone with a lawyer".
I'm glad to hear you are on the mend. Also, I'm curious how her insurance (USAA) responds as that's who I use.
FYI, before you pull the trigger on the Africa Twin, keep in mind that the rumor mill is that there will be a new updated 2020 Africa Twin https://advrider.com/f/threads/2020-africa-twin-crf1100l-1100cc-engine.1365000/
If you can wait and there is indeed a new Afrika Twin, there should be some nice deals on leftover 2018's & 2019's.
I'm gonna wait and see what offer they come up with. Like i said, if they cover my medical, bike, lost wages, clothing/ kit then I can't say ive been hard done by them. Some coin for pain and suffering will sweeten the pie at that point.
My bike isn't new, so i'm not expecting a new bike. But if they give me enough to put $10k on a new one after they pay off Honda i'll be happy.
Edit; For clarification, I put $10k on this one when I bought. I'm not asking for $10k on top, just for the payout to payoff Honda and give me enough to have a similar deposit on the next one. If it's a little less that's understandable since my bike IS a year old.
Yeah. i just looked at the email again. Pics will suffice.
My car is a 24 year old Mercedes, and it needs work right now. The bike is my main transport so I can't wait.
What'd'ya know, I emailed Rugby School Gift Shop and they responded promptly. It's 55 pounds.
Man, the blow by blow is crazy accurate and insightful. So glad to hear you're on the mend....I always tell my riding students "you don't want to be the meat in that sandwich, keep it in first and get ready to run"....ugh I can't imagine being rear-ended at 40 mph on a bike...I have been in a car and it was brutal.
I just have to say to you and the peanut gallery loud pipes do nothing but damage hearing and potentially lose out on another place to ride. At 40 mph your loud pipes would do nothing to help you especially in newer cars with amazing sound insulation. That suggestion always pisses me off, so I have to speak up. Ask yourself why horns and sirens are mounted in the front facing forward.....
Keep healing and riding....
Another example that it doesn't matter how many lights you have on or how brightly your dressed, cars will find you invisible.
No amount of amazing skill will save you if your parked.
Wearing Attgat is dang fine concept
Motor Bikes are just plain dangerous, the odds will eventually get you.
Enjoy until then
Found you a black DCT in Houston. Hope you're feeling better every day.
heal quickly and well.
Thanks for sharing the experience.