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Ilikehotchicks
Posted on Friday, October 31, 2003 - 10:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

wrecked the xb9r today 2003, 520 miles on it.
not my fault!
i was driving down 4 lane road goin about 35 in right lane. there was a bicyclist in left lane weaving. then he comes into my lane, and i slow down, then he weave back into the left lane for like 2 sec, then he trys to make a right hand turn crossing my lane. i dodge him and clip his bike. i go off the road and slide in the dirt of someones yard.
the guy and his bicycle are fine, he looked homless. he admited fault when the cops came. and he got cited.
i went to the ER my leg hurt and my ring finger broken also got stiches in the hand, other then that im fine. glad i always ware my helmet and jacket.
the left hand side of bike is pretty bad. mirror broken. turn signal. frame scraped. swing arm scraped. shifter bent up. left peg is gone. broken metal piece that the front faring bolts too.
ill take some pics. due to the guy not having insurace on his bycycle. my in surance has to cover it.
he was cited. what can i do? can i sue him? will my insurance rates go up? i need your guy's help on this.
sorry for the bad typeing. my left hand is really bad and i have to type one handed.
ben
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Dynarider
Posted on Friday, October 31, 2003 - 10:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Damn!! Another accident. Never have I heard of so many before this year. Glad you are semi ok.

If he is homeless, good luck suing him.

All depends on your insurance company if your rates go up or not. Some are cool & some will drop you after 1 claim.
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Ilikehotchicks
Posted on Friday, October 31, 2003 - 10:50 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

damn!! not my fault!!! i dont think he was homeless, just some dude that lived in bad side of town. at least he stck around for cops and admited fault. and i had like 3 witness'es on the police report
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Ray_maines
Posted on Friday, October 31, 2003 - 11:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Dyna took the words right out of my keyboard.

You can sue anybody for anything. The real question is whether or not it's worth it. Who cares? Let your insurance company deside.

Make a claim against your company and let their legal dept. make the judgement about suing the guy. See if you can get your bike totaled and use the insurance money to buy a new twelve.

I know it's not your fault. It's a bummer when life isn't fair. I'm really sorry. Heal fast and keep us all posted.
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Dynarider
Posted on Friday, October 31, 2003 - 11:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Make a claim against your company and let their legal dept. make the judgement about suing the guy. See if you can get your bike totaled and use the insurance money to buy a new twelve.

The insurance would hopefully be just enough to cover what he owes on the bike, certainly not enough to get a 12. hell has he even made the first payment yet?
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Ray_maines
Posted on Friday, October 31, 2003 - 11:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Well, the insurance check and a VISA gold card.........
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Dynarider
Posted on Friday, October 31, 2003 - 11:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Well, the insurance check and a VISA gold card.........

Now you are talking!!
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Court
Posted on Saturday, November 01, 2003 - 07:47 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>>>>i need your guy's help on this.

Spend that OTHER $180 for that riding school as quick as you can!


If you failed to anticipate that a bicyclist was going to do something unpredictable and stupid, animals are going to REALLY f**k your life up! And, most of them are homeless.

Get well, get wise and get training.

Court
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Ilikehotchicks
Posted on Saturday, November 01, 2003 - 09:23 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

i did take safety corse. and i did miss the guy but the idiot keepp turning into my bike and it kinda pushed my bike and made it unstable. i regained controll right before the curb/.
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Daves
Posted on Saturday, November 01, 2003 - 09:46 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Glad you are OK for the most part. Crashing sucks, it's way over rated. Heal up as quick as you can.

Ride to the edge!
Dave
Iowa HD/Buell (Buell Cycle Center)
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Buckinfubba
Posted on Saturday, November 01, 2003 - 09:56 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Glad your doing good....
get well and get back on the bike
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Spiderman
Posted on Saturday, November 01, 2003 - 10:36 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Looks like I started a REALLLY bad trend.
Glad you doin ok!!!
If the dude was homless I have no idea how you can sue him best thing to do is like stated above make a claim on your insurace. Guy said it was his fault an he recived a ticket so I would let them deal with it.
Good Luck, ride safe
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Hippo888
Posted on Saturday, November 01, 2003 - 10:52 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I hope you heal quickly. I just went >squish< two weeks ago, today.

As for suing -- you can sue and win, but if the person you sue has zero net worth, it will be very difficult to collect a penny. I would contact a lawyer -- maybe try one of those who work based on a comission of the settlement (I forgot the legal term for it, but they work for "free" and take 33%-50%+ of the settlement). If none of them are willing to take your case, it's pretty hopeless (because the lawyer has determined that there is no money to be had). It's worth a try if you have the spare time available.

Paul in MI
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Sarodude
Posted on Saturday, November 01, 2003 - 11:07 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)


quote:

Looks like I started a REALLLY bad trend.



Almost sounds like HotChicks would have a better chance trying to sure Spidy! OK, sorry...

Some guy where I work told me to stop riding a motorcycle. His son had just bought one and wound up in the hospital - and doesn't even remember what happened. This happened the same weekend as the Torque Fest incident.

I wound up sending him an email that summed up how I feel a motorcyclist needs to perceive things. In short, EVERYTHING IS YOUR FAULT.

Ex:

* Dealer didn't tighten brake hose and I ran out of brakes. Your fault for picking that dealer and / or not checking his work and / or not just learning how to do it yourself.

* Drunk idiot stopped at a red light decides to drive forward anyway (one I can personally relate to). Your fault for not interpreting all the signals he was sending properly.

* Some idiot in a 4x4 sprayed gravel all over my favorite turn...

* Guy didn't look when changing lanes...

Whatever - nobody gives a shit about your well being as much as you do. There are also things you can control / improve (you, your bike, etc) and things you can't (the idiot on the bicycle). Work on the stuff you CAN affect. Ride accordingly.

-Saro

PS - I am glad you're relatively OK. Keep us posted on whatever results of injuries / insurance / court / cops. We can all learn from each other's experiences.
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Csg_inc
Posted on Saturday, November 01, 2003 - 11:12 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hey Chick

Get the insurance co to total the bike

Go to www.buell.com

Get yourself a free T and 0 down on a new bike.

Man this deal is for you.

DAVE (not that one just another one)
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Ilikehotchicks
Posted on Saturday, November 01, 2003 - 11:22 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

pics of the bike
is it fixable????
http://members.tccoa.com/rjpeters/wreck/MVC-831F.jpg
http://members.tccoa.com/rjpeters/wreck/MVC-832F.jpg
http://members.tccoa.com/rjpeters/wreck/MVC-833F.jpg
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Buckinfubba
Posted on Saturday, November 01, 2003 - 11:31 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

sure looks fixable but you gotta make sure things are still straight.

hell mine still has a big dent in the frame and scratches. That was 12k miles ago. I think it gives it character. of course I went off a cliff side all my own fault so I never turned it in.....err did it fall over ina parking lot....
who's really to say there were no witnesses when it happened. Got a moonshiner to help me get it back up and rode home with bent bars no footpeg and turnsignals....
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Spiderman
Posted on Saturday, November 01, 2003 - 11:33 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Doesn;t look bad at all. I have done worse ;)
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Ilikehotchicks
Posted on Saturday, November 01, 2003 - 12:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

im on the vicadin now, ima talk to my insurance on monday. hopefully my rates dont go up too much
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Prof_stack
Posted on Saturday, November 01, 2003 - 12:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Vicadin is GOOD stuff, but watch the side effects.

I'm just happy that the folks crashing are getting up and telling us about it. Keep wearing the gear and be ready for anything....

Prof
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Easyflier
Posted on Saturday, November 01, 2003 - 01:10 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Reuben, looks like less than $500 worth of damage to the bike. The most expensive piece is going to be the magnesium fairing/instrument bracket.

I'm pretty sure that even an uninsured motorist claim is going to increase your premiums. I'd fix the bike out of pocket if it were me but your medical costs might force you to make the claim.

Situation dictates, you'll have to evaluate and make a decision that suits you.
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Bartimus
Posted on Saturday, November 01, 2003 - 02:49 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

It's all Spidy's fault... LOL
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Spiderman
Posted on Saturday, November 01, 2003 - 03:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

BUM BUM BUUUUMMMM

NOOOOOOOOOOOOOOOO :)
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Shotgun
Posted on Saturday, November 01, 2003 - 05:10 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hotchicks, you could do like I did. Let the ins company total the bike, they probably will anyway if there is even scratches on the frame. They give you a check for say $9 G's. You buy the bike back from them for whatever the scrapper has offered (probably $1000 or so). Fix the bike, retitle it, ride the hell out of it. Oh and pay off your entire loan. Now you have a free bike. Capice?
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Blublak
Posted on Saturday, November 01, 2003 - 08:22 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hey Chicks.. It's fine, hell last time I went down, there was oil all over the road from the cracked case, the entire left side of the bike was sheared flat and I spent the night in a hospital trying to explain that I only broke my shoulder and you bastards shouldn't have cut off my pony tail! Did wish I had a camera in the helmet for that ride though.. Wow, great visuals as my feet went by while I slid down the road on my Shoei. Oh and in my case, had some cop trying to tell me I was speeding.. and no, you can't sue the state for road dust/fine gravel they left in the curve..

The first WILL of motorcycling applies.. YOU WILL GO DOWN. know it, accept it, prepare for it.. Everyone will go down, those that say they won't or can't or whatever are lying. The best racers have all accepted the fact, and live with it. We have too as well.. Unfortunately, insurance companies don't have the same good mind set on such things. After all, they are there to make money, kind of like a Govt. mandated extortion, pay us.. or don't ride. If you make us pay out.. we'll punish you, no matter what the circumstances. It's a fact of life my friends. All we can do is ride our own ride and keep on. Get healthy, get more and better training, then go riding..

Later,
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Dynarider
Posted on Saturday, November 01, 2003 - 08:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

They give you a check for say $9 G's. You buy the bike back from them for whatever the scrapper has offered (probably $1000 or so).

Anyone know what the going rate thru the insurance companies to buy back a Buell is? On Harleys its generally 30% of the value they. When I crashed mine, they gave me $18K. My loan got paid off, I bought the bike for $6000 & still had a little extra cash. But then i didnt owe a whole lot left on the loan anyways. Its harder with a new bike. Especially if they give you $9K which would be used to pay off the bike. Where do you come up with the extra $$ to buy it back?
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Crusty
Posted on Saturday, November 01, 2003 - 09:27 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I hate insurance companies as much as Blake hates AMA Pro Racing. They exist to take in as much money as possible while paying out as little as possible.They will do anything to not pay a claim. They will twist any statements you have made, they will lie and they will ignore the law so that you will have to get a lawyer to receive what you have been paying for all along. Insurance companies and their stooge minions have absolutely no morals whatsoever. DON'T trust ANY insurance company. Remember, the Good Hands of Allstate are holding a Piece of the Rock - and they're waiting to drop it on your head.
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Hippo888
Posted on Saturday, November 01, 2003 - 09:51 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

HotChicks,

Looking at the pictures, it doesn't seem there is enough damage to total the bike. I think the cut-off point is something around 80% of value. A new XB9 runs about $9000, so you'd have to do about $7000 in damage. But it depends on what the insurance cut-off point is.

Looking at the damage pictures, I can see a new frame and swing arm and some other bits, but I don't see it reaching $7000 in damage. Add in bent forks and some engine case damage and you might make it...

As for buying the bike back, it will usually come with a "salvage" title, meaning that no dealer will accept it on a trade and most educated buyers won't get near it (would you buy a bike that suffered 80% of it's value in damage). Fine if you're going to ride the bike into the ground, not so good if you ever want to sell it.

Definitely ask your insurance agent and the insurance company itself (the reps are often just glorified sales people) if a claim will raise your rates. Also ask how long your rates will be affected. Add that in with your deductible and see if the monetary value pans out in your favor.

Good luck,
Paul in MI
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Dynarider
Posted on Saturday, November 01, 2003 - 09:58 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

As for buying the bike back, it will usually come with a "salvage" title, meaning that no dealer will accept it on a trade and most educated buyers won't get near it

I worked out a deal with my insurance company & my title is free from such stuff. Also my rates didnt go up at all, weird.
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Newfie_buell
Posted on Sunday, November 02, 2003 - 12:15 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Minor Fleshwound!!!!!!

Get on the bike and ride!!!!!
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Coolice
Posted on Sunday, November 02, 2003 - 01:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hotchicks,
I had a bad one (to me) in June at Road America on my XB9R. My bike looked like yours and my left case was worn thru and the left bar end was worn off.
No frame damage, not even a scatch. Oil cooler scoop still has track "smoothness" as well as the swingarm. Hey thats what Force products makes a swingarm slider cover for.
And the bike runs great,even made it to the 20th.
As for me I can tell the weather changes with the bones that i broke(collarbone,2 ribs, shoulder blade) but I look at my bikes every day and look forward to my next ride.
Fix your XB and ride it.
P.S. my damage to ride again to the bike was under $500 and I had my dealer do it. As for me around $10,000,lost 6 weeks of work and the #/*#"x#* insurance co still trying NOT to pay bills as I was on a track attending a safety school that they gave me a discount on my rates for attending!! Get well and ride on!!
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Ilikehotchicks
Posted on Sunday, November 02, 2003 - 02:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

my insurance will pay for my medicle bills right? cause at the hospital i gave them my work insurance card. i dont know i guess ill have to see tomarrow when i go and talk to them./
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Shotgun
Posted on Sunday, November 02, 2003 - 02:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

The other benefit of buying the bike back from the insurance company at scrap value is that if you decide it isn't worth repairing, you can easily part it out on Ebay for 2 or 3 times what you paid for it.
When they totaled my 2001 M2, they gave me $6200 less my deductible. I bought the bike back for $783 knowing the engine and tranny at least were ok. After investing about $350 in used plastic and mirrors and such, I still have that 2001 M2, it runs better than it ever did (lost the Kuryakn Hypercharger) and the rest of the money paid for my second Buell. Re-titling cost $23. Insurance still in effect. If it is in another accident, it still carries full book value.
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Shotgun
Posted on Sunday, November 02, 2003 - 02:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hotchicks, normally with a vehicle injury, they will bill your motorcycle insurance 1st til it hits it's limit, then your regular health ins will kick in from there. For me, I only carried $1000 personal injury, knowing I had my work policy to back it up.
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Blake
Posted on Monday, November 03, 2003 - 01:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

O'encrusted one... Don't hate, it's bad for the soul. Progressive treated me exceedingly fairly when I totalled my first '97 Cyclone back in 1999.
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Essjay
Posted on Tuesday, November 04, 2003 - 11:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

As far as medical insurance, have them bill your primary and let your primary go to your auto insurer for payback. Generally your primary will have more control over the costs you are billed for things like mri's and surgery and that will lower the total bill. If you carry a high deductible this can make a huge difference to your pocket book. I found this out the hard way.
Shane
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Darthane
Posted on Thursday, November 06, 2003 - 11:09 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Totalled? Please. I did almost the exact same damage to my 9R last summer, opposite side (yours might be a little more due to the scoops). Cost me something like $220 to buy all the parts. Live with the scrathes. They show character. Get better and ride. Period. Others aren't so lucky - count your blessings.

Pain heals, chicks dig scars. Glory lasts forever.

Bryan
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