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post #1 of 28 (permalink) Old 07-18-2011, 11:13 AM Thread Starter
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lady hit me - need advice

I haven't been in a wreck in a very long time and never before on a motorcyle. So I need some advice.

Here is the description of what happened: (open the attachment to see a google earth image of the incident with a diagram of the events)

1. I was approaching a stopped car on King of Prussia road right after Radnor Chester Road intersection, toward 30
2. The car was stopped in the middle of the road, attempting to turn left, with the left blinker on
3. I came to a stop behind her car(enough to put a foot down), about 20-30 ft behind and decided to go around the stopped car on her right (where the turning lane for right hand turns is)
4. Traveling around 15-20mph (1st gear) I proceeded to go around the stopped car on her right.
5. Once almost past the car she quickly took a right hand turn and clipped the left rear of my motorcycle.
6. I went down and slid on the left for about 15-20ft.

Here is the Gmaps street view of the place where it happened (notice the huge turning lane that she should have been in on the right. http://maps.google.com/?ll=40.043142...,,0,10.12&z=19

I have Rider's Insurance, and since this is a new bike it is mandantory full coverage. I did not sustain any permanent injuries but did go to the doctor to get a full check up on Friday. Basically what I need yall's help with, is these questions:
  • How long does a police report normally take?
  • if they total it, are they going to try to give me the value of it (aka not enough for a replacement)??
  • Rider Insurance doesn't provide rental coverage (rental car) because the bike is a recreational vehicle. FYI I ride my V 2300 miles a month.
  • The bike slid and sustained minimal damage, just some good road rash all down the left side (from what I could tell) other than it did slide on the engine casing and emptied all its oil after stopping. (does this mean its totalled?)
  • I can't see any way that this would not be her fault, am I wrong?
  • The gear I was wearing, full revit gear (bout $1k worth of gear), should be covered and replaced right?
  • At what point should I think about getting a lawyer? Like, what is the tipping point? I am not too keen about getting sue crazy, but I do not want to be abused. I actually thought about just writing her a letter about the costs that I incurred and letting her handle it from there.

I am in limbo right now. I do not have a police report to definitively say that it was her fault. I didn't miss any days of work but I do have a banged up left leg (the V landed on my foot), a decent gouge on the top of my left knee and a couple good injuries on my left arm (don't look at the pictures if you are squeemish)..





Thanks for the help, and I believe that I will be back on the Versys soon. My first things I will get are SWM engine guards and hard cases so the versys can find something else to hold its weight up, rather then my f'n leg.
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1997 KLR 650
2011 Halle-friggin-leuya Versys
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Last edited by BAMF; 07-18-2011 at 11:16 AM.
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post #2 of 28 (permalink) Old 07-18-2011, 11:40 AM
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How long does a police report normally take?
day or two

if they total it, are they going to try to give me the value of it (aka not enough for a replacement)??
value of the bike

The bike slid and sustained minimal damage, just some good road rash all down the left side (from what I could tell) other than it did slide on the engine casing and emptied all its oil after stopping. (does this mean its totalled?)
not if it's repairable

I can't see any way that this would not be her fault, am I wrong?
multiple parallel lanes she initiated a right turn from the left lane

The gear I was wearing, full revit gear (bout $1k worth of gear), should be covered and replaced right?
her insurance yes if at fault

At what point should I think about getting a lawyer? Like, what is the tipping point?
add up all the damages plus a settlement if any and weigh the cost of the lawyer

I actually thought about just writing her a letter about the costs that I incurred and letting her handle it from there.
Has she accepted responsiblity yet?

"Respect the Ride if you don't you Won't"
"A man's got to know his limitations"

Last edited by cmoreride; 07-18-2011 at 11:49 AM.
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post #3 of 28 (permalink) Old 07-18-2011, 11:51 AM Thread Starter
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thanks CMore

nothing has happened yet, which is why i am getting anxious.

no police report, and I havent seen her or an officer since they took me away on the gurney.

When I did give my report to the policeman, she didnt argue with anything other then the turning signal (she said she didnt have one on). This shouldnt matter because I don't think you can sit in the middle of a road and when a car goes around you, hit it (especially in the back), and it not be your fault.

i dunno, i am just confused. I am anxious to hear from her insurance, because I don't want to get screwed by this incident.

1997 KLR 650
2011 Halle-friggin-leuya Versys
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post #4 of 28 (permalink) Old 07-18-2011, 12:55 PM
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Cmoreride seems to have covered it and I have nothing to add except Glad you are OK! If that's what happens with revit gear on the thought of no gear is chilling. Let's hope you admits her mistake and you are covered fully by her insurance. Hang in there.

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post #5 of 28 (permalink) Old 07-18-2011, 01:05 PM
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Sorry about your misfortune. I used to live right near there in Devon. If memory serves, the traffic in that area was pure insanity damned near 24/7. Hopefully you will prevail and be compensated for your pain and suffering, bills and moto rehab/replacement. I spent several years in that area riding an 883 Sportster year 'round commuting in to Philly on the Schuykill. I saw some bad stuff happen to guys on bikes. Despite all the hassle it could have been much worse eh? Hope you mend quickly and God Bless!
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post #6 of 28 (permalink) Old 07-18-2011, 01:10 PM Thread Starter
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yea, it could have been a lot worse. I always picture that if I went out it would be from hitting something or something hitting me. Not some dumb housewife on her cellphone not paying attention.

It was crazy how fast your mind works and how slow time seems to happen in those moments.
I distincly remember it like this.
  1. what the hell is this person doing in the middle of the road?
  2. eh, okay i will just go around her
  3. almost clear...
  4. holy sh!t, is she turning!?
  5. oh crap, i just got hit
  6. aw sh!t I am going down
  7. crap, the bike is on my leg
  8. please stop sliding!
  9. okay, i can wiggle all my toes and i am concious, now lets get this bike off my leg

1997 KLR 650
2011 Halle-friggin-leuya Versys
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post #7 of 28 (permalink) Old 07-18-2011, 01:19 PM Thread Starter
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as for the Rev'it! gear, i slid for about 15-20 feet downhill. All the damage was on my left side and the only reason, I think, that the material wore through was because I might have bought the pants/jacket one size too big. I think it the fabric was tighter it might not have burned through. (could be wrong)

The boots did exceptionally well keeping my foot from being crushed by the V.
The pants were just over pants so it wasnt a surprise that they melted through, although their armor DID kept me from breaking anything.
The jacket, surprised me, I didnt think it would have worn through. But anyways, my left arm has NO bruises and only the abrasions that you see below. So by my standards it did great!

When I get this gear replaced, I will send the old stuff to Rev'it! and use the %20 discount they give to crashed gear on a Sand Jacket/pants. It has better materials and is a little more thought out.

1997 KLR 650
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post #8 of 28 (permalink) Old 07-18-2011, 01:30 PM
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BAMF --

Very sorry about your injuries and bike damage. Glad you're not more seriously injured.

Did the lane you and she were originally in have a solid white line? Was the right hand lane for right turns only? The reason I ask is that I was in a similar accident (with my and another car involved), and even though the other guy clipped me from behind, my insurance company determined it was MY fault (b*stards) because I went over the solid white line. I don't want to add to your anxiety. I hope to simply prepare you for the possibilities.

BTW - I visited the police station, paid a small fee, and got the report the next day. Even though the police report indicated everything as I experienced it, my insurance company found me at fault.


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post #9 of 28 (permalink) Old 07-18-2011, 01:36 PM Thread Starter
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-mchief

This is the exact place it happened,,, http://maps.google.com/?ll=40.043101...3,,0,5.37&z=19 she was in the driving lane (right hand side, if you are viewing the link) and I used the turning lane on the right of that lane to pass her. I do not see any white line there.

Let me know what you think.

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2011 Halle-friggin-leuya Versys
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post #10 of 28 (permalink) Old 07-18-2011, 02:03 PM
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Quote:
Originally Posted by BAMF View Post
-mchief

This is the exact place it happened,,, http://maps.google.com/?ll=40.043101...3,,0,5.37&z=19 she was in the driving lane (right hand side, if you are viewing the link) and I used the turning lane on the right of that lane to pass her. I do not see any white line there.

Let me know what you think.
You may be in trouble because;
1. Were you were using a turn lane to pass and not to turn.
2. I'm not sure about your state but in most states it is illegal to pass on the right. The exact, and I mean down to the last detail, same thing happened to my buddy on his bike. They both got a ticket and his insurance refused to pay.
3. I hope you told the police you were in that lane to TURN RIGHT and she ran into you, otherwise you may be equally at fault.
I HOPE I AM WRONG

Last edited by Nick; 07-18-2011 at 02:09 PM.
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post #11 of 28 (permalink) Old 07-18-2011, 02:03 PM
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Your bike is most likely totaled but you should be able to buy it back and fix it on the cheap.
Don't talk to anyone except a lawyer or your insurance company, your words will most likely be twisted around.
That gear sucks if you had that much damage at a relatively slow get off.
I would at least consult with an ambulance chaser just to see what they have to say, don't sign anything.
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post #12 of 28 (permalink) Old 07-18-2011, 02:09 PM Thread Starter
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so it doesnt matter that there are no lines in the road between the right lane and the turning lane?

I figured that the fact of me stopping before I decided to go around her was enough to sway any thought that I was just wizzing past a stopped driver.

I think you are right, I might have to at least chat with a lawyer just to see if this is worth it. I am going to wait for the police report though, it could turn out to be a non-issue.

1997 KLR 650
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post #13 of 28 (permalink) Old 07-18-2011, 02:11 PM Thread Starter
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Quote:
Originally Posted by blackberry View Post
Your bike is most likely totaled but you should be able to buy it back and fix it on the cheap.
Don't talk to anyone except a lawyer or your insurance company, your words will most likely be twisted around.
That gear sucks if you had that much damage at a relatively slow get off.
I would at least consult with an ambulance chaser just to see what they have to say, don't sign anything.
If that is true, that sucks, cause the bike slid for about 15-20 feet at about 15mph at the time of impact. That is something that all V riders need to be aware of, so they can get engine guards.

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post #14 of 28 (permalink) Old 07-18-2011, 03:12 PM
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Glad you are ok! Things will work out and you will be back on your V. The cell phone thing really bothers me! I have had many near misses because of people on the phone and or txting.





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post #15 of 28 (permalink) Old 07-18-2011, 03:42 PM
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Tough break, man. Best wishes and heal quickly.

Just a few thoughts
- If that is a dedicated lane for right turns you shouldn't have used it go straight, but I don't think that matters here because her offense trumps it significantly.
- Engine letting out oil doesn't sound good. From my limited knowledge of US insurance policies it seems like a write-off. Buy it back from them and repair it.
- Witch Rev'it gear exactly? Those are poor protection results, although correct size is important.

Make sure your side (as per your drawing) is in the report and heard. If it doesn't go smoothly, definitely seek legal council. That woman should pay.


Cheers.
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post #16 of 28 (permalink) Old 07-18-2011, 03:48 PM
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BAMF, sorry for your crash and hope you heal well. The only sticking point I can see is that you passed on the right. As far as I know, that is illegal in all states but there are different amounts of tolerance for it. Telling them you were making a right would save a lot of headache. The insurance companies will use any tactics they can to get out of paying out but you can argue these points. Just remember..SHE HIT YOU. That gives you a leg up. Be wary of speaking to anybody that contacts you. Lawyers are sneaky. As for your bike, it has a tip-over switch so cleaning any debris from inside the engine and replacing the side cover and bent parts should sort it. Any scrapes on the frame usually will total the bike but its probably fine. Buy it back on the cheap. Hope this helps.
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post #17 of 28 (permalink) Old 07-18-2011, 05:22 PM Thread Starter
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I read up and asked a couple people in the law firm, and they said that passing on the right is illegal if you cross the white line (aka enter the shoulder or the berm) but here you can clearly see that the road has no lines in that right turning lane, and there was no other way to pass her.

One thing I did notice is that, that center lane is for her to turn left, so she should have been there if she wanted to turn left. AND if she wanted to turn right, she should have been in the right turning lane. So regardless she broke the law at his someone in traffic by not being in the right lane.

The thing that helps me in this situation is that its NOT a he said/she said ordeal. There are clear scrape marks from where I went down that shows that I was hit just to the right of my lane of traffics normal area.

We shall see.....the police report should be available tomorrow.

1997 KLR 650
2011 Halle-friggin-leuya Versys
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post #18 of 28 (permalink) Old 07-18-2011, 06:20 PM
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Do yourself a favor:

1. Stop posting on the Internet regarding the accident

2. Contact an attorney immediately

Any other course of action is foolishness.
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post #19 of 28 (permalink) Old 07-18-2011, 06:36 PM
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Quote:
Originally Posted by dmason View Post
Do yourself a favor:

1. Stop posting on the Internet regarding the accident

2. Contact an attorney immediately

Any other course of action is foolishness.
Dmason knows what he is talking about, listen to his advice
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post #20 of 28 (permalink) Old 07-18-2011, 07:48 PM
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I didn't read all the posts, but one thing I want to add is that if you went into the right turn lane I hope you told the officer you were planning to turn right. Going into the right turn lane with the intent of passing the vehicle and crossing the solid white like to go back into the straight travel lane could be construed as something you did wrong.

Sorry to hear about your wreck and I hope for a speedy resolution.
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