Hit by car last week, guy wanted to pay out of pocket now he's changed his mind. | GTAMotorcycle.com

Hit by car last week, guy wanted to pay out of pocket now he's changed his mind.

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Just like the title says, buddy has had a change of heart after seeing the dealer quote for the parts that were damaged because of his poor driving.
Story Oct 26 5:25pm: Riding in the right lane on Queen St west, west of Bathurst, I approach a 3 way intersection with a green light, where a car is turning left off of Queen traveling the same direction as I am. Two vehicles behind the left turner is a BMW, who made a lane change from the left lane into the right lane with no signal as I was approaching his vehicle, I locked up the brakes but made contact with the vehicle in the right rear quarter panel and rear tire, and layed my bike down on its right side, sliding a few feet and the BMW driver stopped up ahead. I was travelling no more than 40km/h, it was raining. Driver acknowledged he was at fault and apologized immediately after the accident. Fire and ambulance came, but we decided on settling outside of insurance before police came (they did come but bmw driver had left by then). I have witness' number who saw the whole thing.

the next day (oct 27) I spoke with BMW driver, who in text said he will pay out of pocket and wanted to see a dealer quote. I told him I was expecting it to be around 500-600$ in parts if I purchased them myself and did work myself, but that a dealer quote would be substantially higher. He said he understood but would like a dealer to confirm what needed replaced. handlebars, throttle tube and grip, brake lever, mirror, rear turn signal and mount, right side exhaust. Bike is an 85' Honda shadow 750 that was in perfect condition before accident, and the dealer quoted 1100$ in parts alone (exhaust was like 800$ itself). So i sent quote to guy, reiterating that I would gladly buy my own parts and fix it myself for half of quote since it is an older bike admittedly, but he now has said he's going to think about it and maybe call insurance.

My question is if he does go through insurance am I screwed?? I did not go to a collision reporting centre and I did not notify my insurance. I also bruised my foot pretty bad it is swollen but I trucked through this work week and ambulance guys said it would be fine. Any advice would be awesome.
(Also long time lurker but first post, sorry if in wrong section)
 
You don't need to file a report if the total damage amount (for both vehicles combined) is below $2000.
Should you let your insurance know...technically yes but most people don't because of fear of an increase.
 
backers said:
Just like the title says, buddy has had a change of heart after seeing the dealer quote for the parts that were damaged because of his poor driving.
Story Oct 26 5:25pm: Riding in the right lane on Queen St west, west of Bathurst, I approach a 3 way intersection with a green light, where a car is turning left off of Queen traveling the same direction as I am. Two vehicles behind the left turner is a BMW, who made a lane change from the left lane into the right lane with no signal as I was approaching his vehicle, I locked up the brakes but made contact with the vehicle in the right rear quarter panel and rear tire, and layed my bike down on its right side, sliding a few feet and the BMW driver stopped up ahead. I was travelling no more than 40km/h, it was raining. Driver acknowledged he was at fault and apologized immediately after the accident. Fire and ambulance came, but we decided on settling outside of insurance before police came (they did come but bmw driver had left by then). I have witness' number who saw the whole thing.

the next day (oct 27) I spoke with BMW driver, who in text said he will pay out of pocket and wanted to see a dealer quote. I told him I was expecting it to be around 500-600$ in parts if I purchased them myself and did work myself, but that a dealer quote would be substantially higher. He said he understood but would like a dealer to confirm what needed replaced. handlebars, throttle tube and grip, brake lever, mirror, rear turn signal and mount, right side exhaust. Bike is an 85' Honda shadow 750 that was in perfect condition before accident, and the dealer quoted 1100$ in parts alone (exhaust was like 800$ itself). So i sent quote to guy, reiterating that I would gladly buy my own parts and fix it myself for half of quote since it is an older bike admittedly, but he now has said he's going to think about it and maybe call insurance.

My question is if he does go through insurance am I screwed?? I did not go to a collision reporting centre and I did not notify my insurance. I also bruised my foot pretty bad it is swollen but I trucked through this work week and ambulance guys said it would be fine. Any advice would be awesome.
(Also long time lurker but first post, sorry if in wrong section)
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doesnt matter how much of a nice guy you are. If they dont pay up within 24 hrs of the accident im going through insurance. I know you said you wanted to get a quote from a dealership but by then you are too late. If he decides not to pay you now youre pretty much SOL. Sorry
 
I had a person try this with me a few years back.
They were going the wrong way on a one way street when they hit me (I was driving a car at the time).
One look at the damage on my car and I knew it was going to be in the thousands.
He offered me $500.
I passed.
Always follow the set routine for a collision. Its the only protection you have if the other driver has a fake insurance card or they're under suspension.
 
Report it to the collision reporting center. Yeah, it's past the time that you're supposed to do that ... too late now. They should still take the report so that it is on file. Then you go to YOUR insurance company with the police report. It is YOUR insurance company that pays to fix your bike, not his.
 
No police report?
Didn't go to the reporting centre?

If I were him I would deny the whole thing and not pay you a cent. Next time do it according to the law.
 
If you didn't get his info...lic. data and ins. #...you are screwed. Doesn't matter if they want to pay themselves, get their insurance info just in case of this exact scenario.

If you are not at fault, your ins. pays, but they balance the books with the other companies at the end of the fiscal year. They go after claims against each other.
 
Brian P said:
Report it to the collision reporting center. Yeah, it's past the time that you're supposed to do that ... too late now. They should still take the report so that it is on file. Then you go to YOUR insurance company with the police report. It is YOUR insurance company that pays to fix your bike, not his.
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This.

If there was medical and police intervention at the scene, your covered from a "the accident actually happened" standpoint. And keep the phone number of that witness at close hand, he may play an important part moving forward if the other guy suddenly "forgets" about the accident.

So, go report the accident and then call your insurance company. Make sure to inform them honestly about the situation - the other guy thought the accident was minor, offered to pay, changed his mind, and here you are. Mention there is a witness to the effect that you were not at fault and that police and ambulance were there, but the other driver left.

Your insurance company should take it from there and you shouldn't be on the hook for much if anything. Worst case for the other guy if he doesn't cooperate, get ahold of the police again and he could be charged for leaving the scene of an accident, then your claim may go to a hit and run type situation...although with witnesses and the other guys information (you DID get his DL insurance and licence plate info, right?) it's hard to believe they won't be able to find him.
 
Correction the BMW driver will not be charged as you eluded to for "leaving the scene of an accident" He sopped and provided his info to the other party. If no injuries and property damage only, you are not required to wait at the scene for police to arrive, (that is why Collision Reporting Centers exist). Then you add in the Op's comment that "we agreed to settle outside of insurance before police arrived."

Given all these the BMW driver was under no obligation to remain at the scene.
As for the other driver, "may forget he was in a collision" scenario, the OP is covered as there is a record of the collision, Toronto Fire would have recorded the names and plate, and vehicle info of all parties involved. But also be advised OP that if your not a resident of Toronto, (Your driver's licence gives another address outside the city), expect to receive a bill from City of Toronto for the fire service attendance, (if you do go through insurance they will pay this bill which I believe is about $350 - $500 depending on number of trucks attending the scene).

OP it will depend greatly, upon what the witness says, for insurance purposes. You hit the rear quarter panel of the other vehicle, at this point the other driver "could" say you hit him while he was in his lane. In a he says, he says scenario, insurance will deem it to be a 50/50 at fault scenario. The ONLY thing that prevented this from happening to me, was the fact I had cameras on the front and rear of my bike which showed the other driver had hit me in a road rage type incident. I also had a witness, but insurance didn't even want to speak to him, it was ONLY after seeing the video they changed to ruling to other driver 100% at fault.

PrivatePilot said:
This.

If there was medical and police intervention at the scene, your covered from a "the accident actually happened" standpoint. And keep the phone number of that witness at close hand, he may play an important part moving forward if the other guy suddenly "forgets" about the accident.

So, go report the accident and then call your insurance company. Make sure to inform them honestly about the situation - the other guy thought the accident was minor, offered to pay, changed his mind, and here you are. Mention there is a witness to the effect that you were not at fault and that police and ambulance were there, but the other driver left.

Your insurance company should take it from there and you shouldn't be on the hook for much if anything. Worst case for the other guy if he doesn't cooperate, get ahold of the police again and he could be charged for leaving the scene of an accident, then your claim may go to a hit and run type situation...although with witnesses and the other guys information (you DID get his DL insurance and licence plate info, right?) it's hard to believe they won't be able to find him.
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You have up to a year to make a claim. All you need a licence plate number. That's what I was told by two different companies, anyway. I've definitely made claims weeks after the incident after the driver decided he didn't want to pay after all. I had full information, though, but I was told just a plate number is enough.
 
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We generally assume in Ontario that our insurance pays out and many of us are cynical enough to then expect that our rates must reflect that risk. I learned recently however, that according to the loss transfer rules, as long as the other driver is at least partly at fault, his insurance pays, unless the rider also has auto on the same policy. I would imagine that's why in my experience, the bike was separate from the cars. It's a feature of our no fault system.
Here's an excerpt from a helpful bulletin from FSCO to explain it - the first example is motorcycle vs. car. (link to full bulletin follows)

Loss transfer
There appears to be confusion as to how the loss transfer mechanism for no-fault benefits is intended to work. Using a question-and-answer format, this bulletin describes the way the mechanism should operate.

What is loss transfer?
Loss transfer is a mechanism by which, under certain circumstances, automobile insurers who pay no-fault benefits (the first-party insurer) may be reimbursed by another insurer (the second-party insurer) for all or part a claim.

Loss transfer only operates between insurers of different classes of vehicles (see attached chart for summary) and only applies when the policyholder of the second-party insurer was at least partly at fault in an accident. The purpose of loss transfer is to balance the cost of no-fault benefits between different classes of vehicles.

When is a first-party insurer entitled to be reimbursed by the second-party insurer for no-fault benefits paid?

Situation 1 -- Motorcycles or motorized snow vehicles

The insurer of a motorcycle or a motorized snow vehicle is entitled to loss transfer when that vehicle is involved in an incident with another type of automobile, provided that:

  • the other automobile is not a motorcycle, motorized snow vehicle or an off-road vehicle;
  • motorcycles or motorized snow vehicles are the only types of vehicles insured under the policy; and
  • the driver of the other automobile is, according to the Fault Determination Rules, fully or partially at fault in the incident.


https://www.fsco.gov.on.ca/en/auto/autobulletins/archives/Pages/a-09_92.aspx

 
hedo2002 said:
Correction the BMW driver will not be charged as you eluded to for "leaving the scene of an accident" He sopped and provided his info to the other party. If no injuries and property damage only, you are not required to wait at the scene for police to arrive, (that is why Collision Reporting Centers exist).
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There was no mention they exchanged info. Just talked.

There were injuries.

Someone presumably called the police/ambulance/fire (prob when they saw it happen and the OP and his bike hit the asphalt?) and the BMW driver had left the scene before the police arrived.

Perhaps our viewpoints differ but it seemed to me that the BMW driver wanted to GTFO before the police showed up.

More clarification from the OP needed.
 
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you were in an accident with bike damaged and an injured foot and didn't call 911?

this isn't the first time I've seen this ugly type of scenario on the forum, and I have told others the same thing - so please forgive me for being blunt, but you acted like a sap. People need to learn to assert their rights and act accordingly after being in an accident. I hope your ok and your injury heals quickly.
 
Well it would be safe to assume that as the OP said, "they decided to settle outside of insurance, before the police arrived" that they had exchanged info. Wouldn't it be logical to assume they had done so otherwise how do they contact each other to settle?? As for the "injury" I agree, the OP would have to provide more info, as to weather it was actually a "reported injury" just because a medic in an ambulance looks at ones foot, doesn't mean it meets the definition required of an "injury" If the OP was treated at scene, (which it appears he was), then it would not be considered an injury, (which required medical intervention). Could be the OP refused medical attention, (which means a trip to the ER).

If as you speculate someone else called the police as long as the BMW driver had provided his info, to the OP and the OP was satisfied he had gotten the info the BMW driver is under no obligation to await police. If he were to be charged with "leaving the scene" he would have a very viable defense. He provided his info, he was unaware police had been called, so he left. Are you suggesting that even if involved in a minor collision it is required that all drivers sit patiently by "in case the police show up"?? If this is the case then why have Collision Reporting Centers?

For all anyone here knows the BMW driver actually attended a CRC and reported the collision within the 24 hour time frame.

PrivatePilot said:
There was no mention they exchanged info. Just talked.

There were injuries.

Someone presumably called the police/ambulance/fire (prob when they saw it happen and the OP and his bike hit the asphalt?) and the BMW driver had left the scene before the police arrived.

Perhaps our viewpoints differ but it seemed to me that the BMW driver wanted to GTFO before the police showed up.

More clarification from the OP needed.
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I'd report it
 
It's been reported to GTAM.
 
inreb said:
It's been reported to GTAM.
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GTAM services also include legal advice with your collision reporting services. I believe we also have adjustor appraisal services too.
 
JFD said:
GTAM services also include legal advice with your collision reporting services. I believe we also have adjustor appraisal services too.
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Don't forget psychological work ups and tough love.
 
Whole lotta speculation going on in this thread.

Wheres the GTAM judge and jury when you need them?
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