Rather weird dillemma. Need some advice quick plz!

[kingsha]

Hi there. Let me make this brief.

- Older brother was riding his cbr600.
- Got hit by a car head on. Damaged the bike from the front quite heavily but thank God was ok himself. Car sustained minimum damage.
- Brother did not have insurance or even an M1.
- Told other party he had both and tried to settle out of insurance. The other party initially agreed to pay $1000 for damages.
- Brother gets called today by other party who says he hired a private investigator and found out bro has no insurance and license.

My question is....what can my brother do at this point? Is he at risk of facing insurance fines if the other party goes thru insurance? Any help/input appreciated!

[ViperZ]

Hi there. Let me make this brief.

- Older brother was riding his cbr600.
- Got hit by a car head on. Damaged the bike from the front quite heavily but thank God was ok himself. Car sustained minimum damage.
- Brother did not have insurance or even an M1.
- Told other party he had both and tried to settle out of insurance. The other party initially agreed to pay $1000 for damages.
- Brother gets called today by other party who says he hired a private investigator and found out bro has no insurance and license.

My question is....what can my brother do at this point? Is he at risk of facing insurance fines if the other party goes thru insurance? Any help/input appreciated!

I'd be looking for a lawyer if I were him. If these guys report the accident and go through insurance/police, wouldn't he be into a bunch of tickets including driving without license and without insurance? Who was at fault at the accident? If the other party wasn't at fault, then it's even worse, since they will have no drawbacks of reporting the accident.

[TwistedKestrel]

In my mind, the driver of the car has no intention of filing a claim with their insurance company (they do not want an at-fault claim on their record). They called the brother to basically call his bluff, and they have no intention of paying the settlement. This is the preferable outcome for your brother - if I were him, I would 100% completely drop the incident.

If it progresses any further, he's going to get charged with riding without a license and riding without insurance. I'm not sure if the insurance industry would track his lack of his insurance at the time seperately. Being convicted of driving/riding without insurance is a major red flag for them, however. All that together will make it difficult for him to ride or DRIVE anything for the next five years. If he was riding without insurance, I don't see him paying for a lawyer, so if this goes even one step further be prepared to be giving him lifts for the next few years.

[GayManLoveIsOK]

so much missing here...albeit your brother is screwed since the accident wouldn't have happened had he not been riding, since he should not have been on the road in the first place...does the other person have valid insurance and ownership too? how exactly did the accident occur? has he paid any money to the other party? and yes, lawyer up, and if they hired a P.I, he might be reading this post, assume anything posted online is being gathered...

[kingsha]

The other party was 100% at fault. I wont post details but there were even witnesses at the scene of the accident.

My brother does have valid car insurance however. I am unsure if that will help at all.

Im guessing I should have my brother talk it out with the other party. Everyone repair their own damage and drop it for good kind of thing. But then again, there is no proof for the other party wont report to insurance.

[TwistedKestrel]

The other party was 100% at fault. I wont post details but there were even witnesses at the scene of the accident.

My brother does have valid car insurance however. I am unsure if that will help at all.

Im guessing I should have my brother talk it out with the other party. Everyone repair their own damage and drop it for good kind of thing. But then again, there is no proof for the other party wont report to insurance.

It doesn't really matter that the other party was 100% at fault. Your brother was riding illegally. If your brother continues talking to the other party things will only get worse - the best he can accomplish is a pyrrhic victory where the driver gets an at-fault accident on his record. If the other driver has any sense, he won't pay your brother a cent as they have all the cards.

[ABadjusterrider_5]

The other party was 100% at fault. I wont post details but there were even witnesses at the scene of the accident.

My brother does have valid car insurance however. I am unsure if that will help at all.

Im guessing I should have my brother talk it out with the other party. Everyone repair their own damage and drop it for good kind of thing. But then again, there is no proof for the other party wont report to insurance.

You're brother also runs the risk of being subrrogated against by the insurance company after they pay for the damages. Not to mention paying insane insurance premiums for the rest of his life

[raginduck]

The other party was 100% at fault. I wont post details but there were even witnesses at the scene of the accident.

My brother does have valid car insurance however. I am unsure if that will help at all.

Im guessing I should have my brother talk it out with the other party. Everyone repair their own damage and drop it for good kind of thing. But then again, there is no proof for the other party wont report to insurance.

I'd say get the knee pads and cheque book out... and do his best to settle with the other driver.. off the record! He's better off paying off the other driver than having this go through the system!!!

[imnothng]

Personally I wouldn't have settled with your brother, I would have taken him to the cleaners.

[kingsha]

Personally I wouldn't have settled with your brother, I would have taken him to the cleaners.

If ur a scumbag cager who drove in the opposing lane while texting and took out a biker head on....u probably should settle. What if he killed or severely injured my brother? Forget about insurance and all for a second. Is there still something called morals? If I knocked out an uninsured biker I would never dream of reporting them. I would also however not be willing to pay for their damages tho but I would surely help them as much as I can.

Anyways, both parties should learn their lessons. My bro got license and full insurance earlier today. And I hope the cager is more aware of bikers on roads now.

[jc100]

If ur a scumbag cager who drove in the opposing lane while texting and took out a biker head on....u probably should settle. What if he killed or severely injured my brother? Forget about insurance and all for a second. Is there still something called morals? If I knocked out an uninsured biker I would never dream of reporting them. I would also however not be willing to pay for their damages tho but I would surely help them as much as I can.

Anyways, both parties should learn their lessons. My bro got license and full insurance earlier today. And I hope the cager is more aware of bikers on roads now.

Part of those morals is making sure you have everything you need to legally use a vehicle on the road. This worries me, how prevalent is this driving without insurance mularky?

[Lyndsay]

John, John, John. You're from the UK; it's malarkey.

[nobbie48]

Part of those morals is making sure you have everything you need to legally use a vehicle on the road. This worries me, how prevalent is this driving without insurance mularky?

Very. Find a retarded babe who will do anything you ask. Buy a car in her name and drive uninsured. If you have a wreck it falls on her and you dump her. Popular method in one community.

[AF4iK]

Part of those morals is making sure you have everything you need to legally use a vehicle on the road. This worries me, how prevalent is this driving without insurance mularky?

What does that have to do with morality? Ignoring the HTA isn't a moral dilemma. He took a risk riding without insurance and a license. No question there. But if the accident was due to the driver's negligence then the driver is morally responsible for the damages as far as I see it. The fact that the driver has leverage over the rider is irrelevant from a moral standpoint. I actually find it disheartening that people will take advantage of a situation like this. Refusing to pay is one thing but blackmailing the rider to pay for damages the driver caused proves the driver is a ****** bag.

As for the argument that the rider is at fault for riding uninsured... This doesn't make a lick of sense either. Again, assuming the driver hit him due to his own negligence, blaming the rider for being uninsured is like trying to argue that the accident wouldn't have occurred if his parents hadn't gotten drunk one night and conceived him. It's technically true that events would have occurred differently but it's an indirect relationship that has no causal significance. The direct cause of the accident would still be the driver's negligence. He had no idea the rider was uninsured and if the rider hadn't been on the road that day it could've very well been someone else who got hit instead.

This is just an academic response to some opinions I disagree with and I'm assuming the driver caused the collision. Ultimately, the rider still put himself in a tight spot and I think both parties walking away is a reasonable settlement. For shame!

[Lyndsay]

Af4iK you raise a good point. A few years ago a taxi was stopped on the wrong side of the street and as my wife approached in her car, the passenger opened her door and cleaned off the mirror on my wife's car. The passenger could (should) have seen my wife coming and waited; she was facing the right direction after all. The cabbie was found at fault in this case and had to pay as he was parked on the wrong side of the street, trying to drop his fare off a few feet closer to the door. In my opinion it was the passenger who should have had to pay, for two reasons. She pulled the bonehead move, and she was a lawyer who could more easily afford it I'm sure. Morals, ethics; do they even exist anymore?

[imnothng]

If ur a scumbag cager who drove in the opposing lane while texting and took out a biker head on....u probably should settle. What if he killed or severely injured my brother? Forget about insurance and all for a second. Is there still something called morals? If I knocked out an uninsured biker I would never dream of reporting them. I would also however not be willing to pay for their damages tho but I would surely help them as much as I can.

Anyways, both parties should learn their lessons. My bro got license and full insurance earlier today. And I hope the cager is more aware of bikers on roads now.

I said I, not that that guy should.

I would not do what he did.

[SunnY S]

Hi there. Let me make this brief.

- Older brother was riding his cbr600.
- Got hit by a car head on. Damaged the bike from the front quite heavily but thank God was ok himself. Car sustained minimum damage.
- Brother did not have insurance or even an M1.
- Told other party he had both and tried to settle out of insurance. The other party initially agreed to pay $1000 for damages.
- Brother gets called today by other party who says he hired a private investigator and found out bro has no insurance and license.

My question is....what can my brother do at this point? Is he at risk of facing insurance fines if the other party goes thru insurance? Any help/input appreciated!

Hah, I call a bluff.

"Hi. Had a crash and the front rim of my cbr600 is slightly bent from 2 places."

http://www.gtamotorcycle.com/vbforum...57#post1752457

http://www.gtamotorcycle.com/vbforum...61#post1752461



Sorry to break it to you, but you are up ***** creek, man.

[eastcoast_gsx]

Hah, I call a bluff.

"Hi. Had a crash and the front rim of my cbr600 is slightly bent from 2 places."

http://www.gtamotorcycle.com/vbforum...57#post1752457

http://www.gtamotorcycle.com/vbforum...61#post1752461



Sorry to break it to you, but you are up ***** creek, man.

[iFly55]

who needs a P.I. when we have Sunny S

[Kibosh3]

come on guys, he's a new member asking about his 'brother' ... lol