Electric scooter troubles
Ok, I have a bone to pick in regards to these stupid electric scooters. A buddy of mine yesterday is traveling along the left side of the curb lane, and a scooter is traveling in the same lane on the right and a little in front. Just as my buddy is getting a little speed to pass the scooter, it tries to chane lane position so it is directly in front of my buddy's Harley. He put it down to avoid killing the stupid lady, he has three independent witnesses to the accident and the police charge scooter rider with careless.
The problem now is that scooter operator doesn't have insurance, and thanks to our stupid *** government is not legally required to even have any. My buddy was deemed not at fault by the police and the cop was telling my boy just how much even e hates the stupid things. My buddy is not sure what is about to happen to his insurance with state farm or how he even tries to recoup his money from the scooter lady(small claims?) anyway if my buddy allows me I will post up pics of the damage and my buddys injuries. I was debating between this section and the rider down section to post, but I figured since my buddy's problems now focus on the legal aspect I would drop it here.
Does anyone else see a ginormous problem having uninsured user on the road with us, whether rider or cager? How are you supposed to fight when a scooter can hit your vehicle and the operator can just shrug and say " oops, sorry dude hope you don't have to take much out of your own pocket to fix that"
Should my buddy call state farm, or see if he can get his money from scooter lady first? Has anyone had anything similar happen? Any advice is greatly appreciated :)
Re: Electric scooter troubles
I would call insurance and find out if his rates would go up.They may pay it out and go after the scooter lady themselves or have to eat it.Just wondering because if you get into a accident with only liability and are 0% at fault it's your insurance that pays for your ride and they go after the other drive and or there insurance.Can't hurt to ask if hes not at fault but be sure of that fact.Not sure about the deductible ,cant remember if I had to pay it or not.Also would she considered and uninsured driver?Just throwing this out there in hopes it somehow helps.
Re: Electric scooter troubles
There is no way there can be at fault single vehicle accident if another person is charged in the course of an accident whether they had property damage or not inconsiquencail.There does not have to be a collision involved,if she was charged this is not a single vehicle accident.also if the police deem she forced him to sustain damage while maneuvering to avoid while at fault she can still be 100% at fault even though she did not receive a scratch.All single vehicle accidents technically end up with that operator getting a charge,usually careless.There were two vehicles involved here not one.
Re: Electric scooter troubles
Quote:
Originally Posted by
JonnyWyshbone
My buddy was in left side of curb lane, scooter was on his right on same lane, the lady changed sides without looking over her shoulder.
It's still not clear. Your buddie tried to pass them in the SAME lane?! Yes or no?
-Jamie M.
Re: Electric scooter troubles
If the cops charged her with careless i don't see how he could be found at fault.We don't now if she had a drivers license if she does it goes on her license just the same as if she was driving a car.I know of one idiot who got his second DUI by running into a mail box with his scooter in front of the cops.A careless charge is reserved for those who are totally at fault such as rear ending another car,changing lanes and single vehicle accident.If you get a carless instead of a following to close or illegal lane change,or in a single vehicle accident you have been deemed 100% at fault by the police.If she received a 6 point major (careless) I seriously doubt he has any fault.If he had any fault she would have been fined for an legal lane change.The cop defiantly DID NOT find him at fault and is making it clear with her careless ticket.
Re: Electric scooter troubles
Based on the police actions, it looks like it's a not-at-fault accident for the buddy, regardless of the almost certainly incorrect description of the situation in the OP. Now it depends on what sort of insurance he has. If he has collision/comprehensive, his insurance company will pay up and take her to court if it's worth their while. If he only has liability, he'll have to take her to court. They'll cover the damage and a token amount in costs, but they won't cover the real court costs.
In such a situation, the idiot's life/limb would be the least of my concerns. I'd worry about mine first. Hope your buddy gets well soon.
Re: Electric scooter troubles
If there is damage to your buddy and/or his bike, call the insurance company or broker and report it.
A word of warning to anyone one that does contact their broker or insurance company if they just want to call out of curiousity. The insurnace company can use the information as a "claim" and it can affect your premium at renewal even if you don't plan to submit a claim. It's reported and a matter of record. Especially if there is a police report.
Do not confuse what police determine as fault, with what insurance companies determine as fault. They are not one and the same. The insurance company will review the police report. and statements and may assign fault to both parties. Even though the e-bike rider was charged.
It's possible and likely the e-bike rider may even make a claim themselves.
Re: Electric scooter troubles
Quote:
Originally Posted by
JonnyWyshbone
scooter, those things go a max of what, ten kliks an hour?
They are electronically limited to a maximum of 35 kph :)
-Jamie M.