| Author | Message | ||
     Anonymous |
An inattentive driver decided to run his SUV up my 2006 XB9SX's rear end while I was waiting behind several other cars at a stop light. Next thing I knew I was flying into the car in front of me. Bike: May be a total loss, but I want to make sure I get what the bike is worth. It was mint with 16k miles on it. Planned to keep this bike forever. Nada is $3,880. Value really seems to be around $4,600 from similar bike postings. Injury: I went to the ER, got Xrays for a numb right leg and a CT scan for a concussion ( I had one 10 days prior to this accident, wanted to be certain of no SIS ). Apparently in New Jersey, it is an inherent risk while riding a motorcycle and Medical Expenses are not covered by law. Great. What to do about this? Accident: The man that hit me admitted fault to the responding officer and said he was looking back to his son in the back seat and looked up and was too late. The bike Eric Buell built literally saved my legs and life. The seat was pushed up as the bumper went under it and I was thrown into the car in front of me as the bike was driven into it as well. Anyone who has been involved in an accident similar, please advise. I am a Michigan resident, bike is registered and insured in Michigan. (Anon: Since you posted Anon - but since your edit showed your screen name at the bottom of your post - I assume you actually meant to remain Anon and missed the edit tag at the bottom. I've edited out your identity. Let me know if you want your screen name added back to your post. -- FB) (Message edited by jerry_haughton on September 10, 2012) | ||
| D_adams |
Check with your insurance agent about getting "med-pay" or medical payments, it's a rider to your policy. Essentially, it covers any initial medical bills, you don't pay anything at all up to whatever amount you get insured for. I think mine are set at $10k for all drivers in/on my vehicles. I know it's too late for it now, just something to think about getting, it's maybe $5-10/month extra. I found out the hard way myself about how insurance gets handled a few years back, the chiropractor I went to told me about it then. I had it added that day on my insurance. | ||
| Reepicheep |
My experience was in Ohio. Some early decision points I had to make: 1) Don't talk about it publically, anything you say can selectively be used against you if you end up litigating. Anon is good, no postings is better. 2) Decide if you want to pursue it through your insurance company (they pay you, then they pursue the other company) or directly with the other persons company. I did the latter (with USAA) and they treated me fairly and my rates didn't go up with *my* insurance company. 3) Hope you got pictures, and hope the reporting cop does a good job of capturing how the other driver was at fault. 4) Keep detailed notes of your medical issues. Anything you say to the Dr will likely be available to the opponents if it goes to litigation. 5) Be assertive and aggressive... and polite and respectful. 6) Talk to a good local lawyer. I had a free consult, he agreed to take the case if I wanted, and told me what to do in the meantime and gave me good advice. 7) The bike will be totalled, no doubt. You can probably buy it back for a good price. Don't underestimate how much freaking crap will be wrong that you can't see and how expensive it can get. They want to total it for a reason... 8) Document all damage, lots of pictures nicely organized with notes. I handed the adjuster a detailed spreadsheet with illustration references and a stack of pictures, both paper and electronic format, with links to the items on common commercial websites they could verify (exact same part, next generation model, or similar replacement). I got retail -20% depreciation for all my gear (which wasn't new, and most of which wasn't purchased at full retail) just for the asking. Hope you stay OK! It may emotionally catch up with you (particularly if you don't react well to narcotics and are taking them). It will be in the middle of the night when you are trying to hold all your other &^&% together for your family, sitting there way behind on work, in agony from a fractured pelvis, cracked molar, and cracked rib, trying not to freak out about the fact that you can't stand, sit, or lay or even breathe without new pains. And constipated from narcotics. DAMHIK.  | ||
| Brumbear |
In NJ if you get hit from behind it's the other guys fault period. You are outa state so get an ambulance chaser and have him do what they do and you will get what you need and then some it will cost but they take there cut from the profit so be clear to tell him or her what you need to get for the bike lost wages towing storage the whole nine yards good luck. | ||
| Xdigitalx |
Yea.. what they said and don't forget your minor injuries could get worse in 6 months so don't write them off as minor so quickly. | ||
| Hybridmomentspass |
Im confused at how his insurace WOULDNT cover this if he hit YOU. TOTALLY his fault, without a doubt, it should all be on him. Whoever you are, if we've ever had words in the past it doesnt matter, I am glad that you made out as well as you did (so far) and hope that you remain healthy. The bike getting totalled is a bum out for sure. But it can be replaced, you can not. Many parts of you can not. Youre lucky. Please keep us updated on your health and how things play out with this I wish you the best of luck legally and medically. | ||
| Hybridmomentspass |
To add - almost all of us routinely complain about simple things. No 4G service, cant find a good parking spot at work/school/whatever etc But this sort of thing really puts it into perspective how quickly things can go south. Again, Im very glad youre OK, not seriously injured. | ||
| Mr_grumpy |
I totally sympathise, I'm still fighting with the insurance since I got rear ended over 3 months ago. I have to say though, if you're going to get rear ended, the XB is a good bike for it to happen on. The rear subframe breaks up into bits & the seat pivots up & forward giving an "ejector seat" effect, I wasn't even bruised. Best of luck with it all. | ||
| Beugs |
That's exactly what I'm paranoid about, getting rear ended at a stop light/sign. I have had a ford f150 go past me with all 4 locked up through a stop light in the next lane over once. Almost hit a service truck with a boom on it, scared the beejesus out of me. I always watch my mirrors at a stop now and leave it in gear, of course I have always left my bikes in gear at a stop. Glad to hear you're ok for the most part, heal quick and I hope you get what you deserve. Also, the f150 driver proceeded to flip off the service truck driver, wtf?  (Message edited by beugs on September 11, 2012) | ||
| Rick_a |
Yep. See that quite a lot. A lot of drivers do not have their heads on straight. It's either that or they go into ignore mode. I had a jerk in a old jalopy lock up behind me repeatedly coming to a stop. There was no rhyme or reason behind it. He had a ton of room. | ||
| Oldog |
Yep. See that quite a lot. A lot of drivers do not have their heads on straight. Rick you have a talent for understatement, My mom lives in your area, and I have driven / ridden there numerous times, the Orange park area is NUTZ! } | ||
| Rick_a |
Well, it is MUCH better than the Orlando/Kissimmee area. Driving and especially riding there for a couple years will really toughen one's hide. | ||
| Fahren |
Good luck with the insurance thing, and get your body fully checked out as others mentioned. For others reading, and for future: 1. stay to left of lane - drivers will naturally swerve right in an emergency stop, away from oncoming traffic and therefore away from you. 2. stay in 1st gear with clutch lever pulled, right foot on rear brake ready to take off/escape, until you get at least a couple of cars fully stopped behind you. 3. Always set up a way out, and give yourself the room to maneuver to that way out, using #2 above. 4. Think about getting a brake light flasher module, like a "Back-Off" or other. Flashes your brake 4 times quickly each time you put brakes on. Would not have helped with a guy who was looking behind him as he approached an intersection (d'oh!), but will help you be seen otherwise. 5. You are invisible, and they are out to get you. | ||
| Fltwistygirl |
"That's exactly what I'm paranoid about, getting rear ended at a stop light/sign." The percentage of rear-end collisions are relatively small, perhaps 3%, but as OP and others have experienced, they do happen. Some may be avoided by keeping an escape route or two. The other scenario that makes me nervous is making a left turn with no turn lane and what is common in my part of the state, no shoulder. Because of a near hit from behind a couple weeks ago that put my tailgater into the ditch instead of my Uly's rear end, I'm finding myself going out of my way to find a turning lane to lessen the chance of getting blasted from behind. And unlike my old city-x, the uly has plenty of brake lights that I am always flashing upon slowing down/being stopped. You've gotta be legally blind to miss my lights but people still don't see them because they are NOT PAYING ATTENTION  !!!! "In NJ if you get hit from behind it's the other guys fault period." Seems logical to me. Florida is not always a logical place, however. A trike rider I know was hit from behind in the Tampa area awhile back and received a ticket stating he was 8% at fault because "he was occupying a lane of a public road". In other words, he was partially to blame because he was there. Good info as always, Reepicheep. Thanks for sharing. Navigating the murky waters of post-accident healing and insurance resolution is not for the weak stomached. Anon-hope you heal quick and get fair and speedy resolution. | ||
| 86129squids |
I compulsively try to look at EVERYONE I pass going the same direction, just to tally up the various things they're doing... I take note of the few exceptions who are ACTUALLY DRIVING, WITH EYES UP. I thank them and bless them quietly. Just got back in from running errands, stopped to get a gallon of milk- a woman in a new Honda sedan, cel stuck to her left ear, just zoomed right in front of me, never looked or seemed to notice... she finds a parking space, I do the same almost directly in front of her- now we make eye contact, ("OH- that must have been the person laying on the horn a minute ago"...)- SHE NEVER STOPPED TALKING, as I pantomimed putting the phone down... It gets "better"... I figured she'd be right in after me, so I go to get the milk, then searched for her- just getting started in the produce aisle, STILL ON THE PHONE EVEN AS SHE SEES ME APPROACHING... "Maam, a word please? "Oh, I must've cut you off, sorry..." Yes, you did, BECAUSE OF THAT PHONE STILL STUCK TO YOUR HEAD RIGHT NOW!" "Oh, sorry I didn't see you..." "No, you didn't, because of that DAMN PHONE! People like you SCARE THE LIFE OUT OF ME- I'd rather you not TAKE my life because you CAN"T PUT DOWN THAT DAMN PHONE. I'm a motorcyclist, and I watch for people like you every day- PLEASE think about what you're doing!" The whole time, NEVER TOOK THE PHONE AWAY FROM HER EMPTY SKULL. Be careful folks, and TRY to educate the ignorant... | ||
| Andymnelson |
Not intending to rub salt in your wounds, rather to allow your scenario to serve as a reminder/warning to others: - ALWAYS leave a good cars length between you and the car in front at a stop. - ALWAYS leave your bike in gear at a stop light/sign - use your rear brake to hold a stop - ALWAYS watch your mirrors when stopped The idea: be ready to move if you need to, and leave yourself a path in which to move. I hope you heal quick and the insurance companies play fair. | ||
| Andymnelson |
On another note, and speaking of distracted drivers...a co-worker of mine is constantly venting about texters. He drives a V-10 F350 dually, and always says "I aint braking for some idiot what isn't watching. I'll just hit em and then maybe they'll learn their lesson". Well....he had a decal made up for the back window of his truck, which now looks like this:  | ||
| Fahren |
Andy, must be an echo in here... :-) | ||
| 86129squids |
Andy- lemme know how to holler at your buddy, and I'll see about some bumper stickers... My old Nissan has accumulated well over 100 stickers over the years- might evolve the design idea for the tailgate for the here and now... AND- I GOTTA get a TRAIN HORN. | ||
| Mr_grumpy |
What both Andy & Fahren posted is all well & good, but when there's a barbed wire fence with a 10' ditch then a railway line on one side & oncoming traffic on the other, & you have nowhere to go. Let go the bars, relax & above all, hope. Be lucky!! | ||
| Malott442 |
Even though you posted anonymous.... I would be weary of posting ANY info if you plan legal action of any sort. This sort of thing will bite you in the rear! (Message edited by malott442 on September 12, 2012) | ||
| Fahren |
Ask Froggy: maybe this thread can be gone in 60 seconds  |
