G oog le BadWeB | Login/out | Topics | Search | Custodians | Register | Edit Profile


Buell Motorcycle Forum » Quick Board Archives » Archive through May 20, 2007 » I've been Hit! « Previous Next »

Author Message
Top of pagePrevious messageNext messageBottom of page Link to this message

Interest
Posted on Saturday, May 12, 2007 - 03:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"Will the owner of a yellow bike please come out front"

Never the thing you really want to hear, especially if you own a yellow bike, and it's out front.

I'm at a restaurant with a buddy, it's later in the evening, and while enjoying my burger I hear these words on the intercom. I hurry out, thinking someone needs it either moved or something,....nope, some drunk bitch backed into it and knocked it over. I assume she was drunk anyway.

Here's where it gets interesting! Some guy was outside when it happened, and immediately picked up the bike and demanded the girl who hit it to give him money for the damages. This is when I show up,...as he's trying to prenet to put keys in the ignition. I walk up to him and say "I really don't think any of those keys will fit" to which he replied, "This girl here backed into and knocked over your bike. We picked it up for you.

I check things out, get her plate, VIN, Insurance, and DL info, then she says she'd prefer to handle things without going to insurance first. Looking at the insurance card, she was still under her parents insurance and it looked like everything was in her Dad's name.

I inspected everything as much as possible, and it seemed like everything was straight, other than the handlebars being slightly bent, clutch lever tip broke off, bar end mirror a little jacked, and broken turnsignal lens and headlamp.

I go on my way, hoping that everything she gave me was legit..

Anyone have any advice as far as trying to deal with her outside of insurance? I know I don't want anything submitted to my insurance because MN has a no-fault policy and I believe if I submit to her policy the will share the liability with my policy. Does anyone know details about this? All I carry is Liability...and I cant' afford for my rates to increase from a claim for something that wasn't my fault.

Upon further inspection, the lower header bracket broke, and one of the case bolts broke or came loose, and the header cracked where it was welded. Also, chalk up another header stud!

I should hear back from the dealership on Monday. Nils,...gotta any pulls on some expidiated service? ;)











Top of pagePrevious messageNext messageBottom of page Link to this message

Loki
Posted on Saturday, May 12, 2007 - 04:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

File a police report on the accident! Get the eatery to provide a witness statement to you. They paged you.

You have all the info from her. Get the total bill amount and present it to her. Along with a copy of the accident report.

If she balks at the number. Present it to her parents in person.

Small claims court?
Top of pagePrevious messageNext messageBottom of page Link to this message

Bads1
Posted on Saturday, May 12, 2007 - 04:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Can you resize this post of yours,it runs off the screen??
Top of pagePrevious messageNext messageBottom of page Link to this message

Hardcorps
Posted on Saturday, May 12, 2007 - 06:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Always, always, always file a police report if you have a fraction of a doubt that they will not pay. Most police departments in my area will not file a private property report, but will give you a private property accident sheet. They will also make sure that both drivers information is legit.
Top of pagePrevious messageNext messageBottom of page Link to this message

Tx05xb12s
Posted on Saturday, May 12, 2007 - 07:39 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'd deal with this through the cops too. After I gave her a taste of my pimp hand, that is. That's a pretty nice looking bike to be laying in the parking lot. Sorry this happened to you.
Top of pagePrevious messageNext messageBottom of page Link to this message

Midknyte
Posted on Saturday, May 12, 2007 - 07:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I go on my way, hoping that everything she gave me was legit..

Big mistake, and here's hoping you don't have to find out why...
Top of pagePrevious messageNext messageBottom of page Link to this message

Lost_in_ohio
Posted on Saturday, May 12, 2007 - 09:01 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

In Ohio the police will not take a report because it is on private property. I would call her father immediately. And if possible get a police report, not sure on Minnesota laws. Lots of witness statements. I would visit her dad tomorrow for sure.

Drunk or alcohol on breath I would have called the law for sure.

Had a friend get stuck the same way. Parking lot bike got knocked over and a bar deck with a bunch of witnesses. Didn't get the witness names and the kid later denied it, his parents believed him. Had to sue them to get the cash....Not worth it to say the least.


Pursue it vigorously. The longer it sets the higher your chances of not getting the cash.

(Message edited by lost_in_ohio on May 12, 2007)
Top of pagePrevious messageNext messageBottom of page Link to this message

Tx05xb12s
Posted on Saturday, May 12, 2007 - 10:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

All jokes aside, just on a simple property dispute like this, the cops won't file a report in Texas either. However, they do have what is called a "Blue Form" that you can file with the county clerk that will suffice. I would also get those written witness statements ASAP and talk to her daddy in person tomorrow. Bring the bike to the guy's house and show it to him along with your estimates(s) and copies of your witness statements and demand payment right there on the spot or the insurance information right there on the spot (one or the other right now). If he's not wealthy enough to pony up and you still want to go the cash route, at least get a payment plan IN WRITING with a down payment and hold him to it under threat of immediate suit should he default on your agreement. These other guys are right. If you let it lie, it'll be taken much less seriously by everyone concerned when you do get around to claiming damages.
Top of pagePrevious messageNext messageBottom of page Link to this message

Interest
Posted on Sunday, May 13, 2007 - 01:26 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

She wasn't answering my calls so I tracked down her folks as the insuance was in her name. I talked with Mom, and when she asked if a police report was filed I said "She appeared to be a little impaired, so as a ourtesy to your nice young daughter I didn't call the police as it appeared that the damage was less that $1k, and I didn't want her to be in more trouble than she already was.

Her mother Thanked me for that, which I'm sure they're going to ream her a new ass or two! She gave me her fax number and asked me to fax the estimate to her. Hopefully this goes smoothly.

Wish me luck, I'll keep you posted on how things go.

Should I still get a police report?
Top of pagePrevious messageNext messageBottom of page Link to this message

Diablobrian
Posted on Sunday, May 13, 2007 - 01:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

This is tough, if you don't file a police report in a timely manner it looks like you made it up.

If you do file one it may foul things up since you already talked to the mother and told
her you hadn't/weren't filing one and they will send an officer out for the driver's statement.

Honestly, you should have filed the report as soon as it happened to protect yourself from
the possibility of a dead-beat driver.
Top of pagePrevious messageNext messageBottom of page Link to this message

Interest
Posted on Sunday, May 13, 2007 - 02:23 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

What if I have witnesses?
Top of pagePrevious messageNext messageBottom of page Link to this message

Interceptor
Posted on Monday, May 14, 2007 - 10:08 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Its a tough call whether to make a report or not. If the bike is really thrashed and it is going to take thousands to fix, then yes, report it. If the damage is under a grand, then it is probably worth it to just get the cash without the law being involved.

(Message edited by interceptor on May 14, 2007)
Top of pagePrevious messageNext messageBottom of page Link to this message

Bomber
Posted on Monday, May 14, 2007 - 10:17 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Police report -- no doubt -- always get a police report, even if it's only to report the rapid change of humidity in your garage -- otherwise, you are depending entirely on the honor of people you know nothing about --
Top of pagePrevious messageNext messageBottom of page Link to this message

Diablobrian
Posted on Monday, May 14, 2007 - 10:17 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

witnesses are good, but more than one person has been able to find "witnesses" to an
event that never happened. If it were to turn ugly a good lawyer would dig into a late
police report like a fillet mignon and seriously damage your credibility.

Even solid witnesses can be terribly unreliable so they are not the "end all-be all"
that they once were.
Top of pagePrevious messageNext messageBottom of page Link to this message

Lions
Posted on Tuesday, May 15, 2007 - 05:41 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Geeez...can you post your pics a tad larger? I can't really see the bike
« Previous Next »

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image

Username: Posting Information:
This is a private posting area. Only registered users and custodians may post messages here.
Password:
Options: Post as "Anonymous" (Valid reason required. Abusers will be exposed. If unsure, ask.)
Enable HTML code in message
Automatically activate URLs in message
Action:

Topics | Last Day | Tree View | Search | User List | Help/Instructions | Rules | Program Credits Administration