car cut me off went down and have no collision | GTAMotorcycle.com

car cut me off went down and have no collision

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dcjcdc

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have a 2014 Honda cbr 500r
on the weekend was going through a greenlightat 40kms and a car in the other direction turned in front of me and I went down or would of hit car..i put brakes on....minor damage to the bike,,,scrape on the ferring and scrape on the muffler and signal light broke off a bit...I was ok...little sore on the ribs went to the hositpal...had 2 witnesses saying lady turned in front of me....after called police and police sent us to collision place to fill forms....because I have no collision....and the other vehicle had no damage...my insurance wont go after there insurance for accident..if I did hit other vehcilce than they would of....so insurance told me get a quoute and see how much damage would cost to fix and contact the lady involved in my accident or go after other insurance.....

was thinking to write letter to lady and mentioning that my insurance wont cover the accicent and if we don't go through insurance you can just pay for the fairing and signal light repair,,,if not will contact your insurance and will go for fairing repair plus signal light repair and exhaust damage and motorcycle jacket repair and helmet scrape..and if insurance says no will sue for the same..so you have the choice



do I have a shot of getting anything done...
 
All i have to say is good luck.
 
Probably not. Would be a uphill battle and you would need the witnesses to either swear a statement or go to court if it goes that far. Single vehicle accident with no contact falls on you usually. Sucks, but that's how ins. sees it usually.
 
how the **** does the ***** not see you at fourty ****ing kilometers an hour......not like you were a speeding blur


I got 50$ on cell phone
 
2014 CBR500 has ABS ...why did you go down ?? 100% emergency braking should have kept you straight and upright. Just curious. Trust your ABS above all other "manuevers".

Glad you are okay but it's exactly this kind of situation ABS is so good for.....no finesse needed - just hammer both brakes and let the tech work for you
 
MacDoc said:
2014 CBR500 has ABS ...why did you go down ?? 100% emergency braking should have kept you straight and upright. Just curious. Trust your ABS above all other "manuevers".

Glad you are okay but it's exactly this kind of situation ABS is so good for.....no finesse needed - just hammer both brakes and let the tech work for you
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Abs is optional on those, im guessing he has the one without it
 
Sometimes, no matter how much brakes you put once you're already in the intersection there's only so much stopping you can do from say 60kph

Braking hard and steering, now that's definitely something that could cause a drop.

When we don't know where in the intersection the car was when he entered it... even if he's got ABS we can't just say "oh in your situation i would've done this" as we don't know what the exact situation is unless you've seen the video of the accident or were there.
 
LePhillou said:
Sometimes, no matter how much brakes you put once you're already in the intersection there's only so much stopping you can do from say 60kph

Braking hard and steering, now that's definitely something that could cause a drop.

When we don't know where in the intersection the car was when he entered it... even if he's got ABS we can't just say "oh in your situation i would've done this" as we don't know what the exact situation is unless you've seen the video of the accident or were there.
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Wait you dont happen to be asian living in brampton would you? If so, i might have seen you!
 
Same thing happened to me. Was driving straight at about 60km when a car came out from a side street inbetween cars going the oppoaite direction as me and turned left in my lane. I went into emergency brake mode but still hit. Yes i have ABS. I hit his car on front right of the passenger side...i came out with scrapes and bruises and a messed up ankle but the bike ended up being repairable. Lucky for me i had collision.

We went through insurance but he was quick to offer cash for the damages. Anytime a car hits a biker the driver is gonna be more concerned with their rates then the rider lol I'd suggest offering the lady a way out. Offer her the cash option rather then go through insurance. Its a big bluff but ur chances are slim on the other side...unless u wanna go through those 'been in an accident' type lawyers who i have no experience with.

Its probably worth throwing on collision as it only costs a literally a few extra bucks a month.

Let us know how it works out.

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dcjcdc said:
have a 2014 Honda cbr 500r
..and the other vehicle had no damage...my insurance wont go after there insurance for accident..if I did hit other vehcilce than they would of....

do I have a shot of getting anything done...
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Your insurance company is misleading you. Yes, there may be a slim chance that the other party may feel bad, also not understand the insurance rules and pay you. Most likely they'll tell you to take a hike... They're under no legal obligation to pay anything to you, even if they were 100% at-fault.

Ontario is 'no-fault' - your insurance company pays to fix your damages. There is no recovery from the other insuramce company. They are assessing you at 100% fault, so the collision portion of your policy would apply which you do not have. You should challenge this assessment and fight for a 0% at-fault assessment. Then the DCPD portion of your policy would pay-out to fix your bike.

Did you get the witness names/statements? Would help your case. This is a battle between you and your insurance company, so communications in-writing may be best. Sounds like you may have some medical claim also. If you were to engage a lawyer to help you in your claim with your insurance company, they'd end up paying much more. This would get their attention, ie. ask your claims agent "is there a chance that you'll re-assess fault on this or should I engage a lawyer to help me with this?"

Or suck it up, take it as a lesson learned.
 
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I had a similar incident last year. I initially thought the damages would be my problem because I didn't hit the other vehicle.
My claims guy said that the other driver created an emergency situation which caused the accident. Other driver assessed at 100% fault.
And yes your insurance company is lying to you. You can't go after her insurance company because of the 'no fault' rule in Ontario.

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Huh? He doesn't have collision coverage Jeff96.

What is he going to complain about? Lack of foresight?
 
Collision is coverage for your fault. He is paying for DCPD which covers his damage when the other party is at fault. So he needs to fight to get that assessment of fault onto the other driver, then his (mandatory) DCPD coverage will pay out for the fix.
 
Did she admit fault to the police or at the colission reporting center? This could be an important tidbit so far as fighting your insurance company on the fault determination.

Unfortunately (ironically) since there was no physical contact between the vehicles the simple "out" for your insurance company is to just consider it a single vehicle accident and place you 100% at fault. I would fight that aggressively (up to and including hiring legal help) as that 100% at fault accident will, especially if you're a younger rider, will potentially make you uninsurable on a motorcycle in the years ahead until it's gone off your record. It will also effect your car insurance.

I would *NOT* contact the other vehicle owner at all - "asking nice" might sound like a good idea but it's unlikely to accomplish much and the repair cost of your bike really is a very low priority in the grand scheme of things at this point...and if your insurance company changes their fault determination it might be covered at that point anyways.

You need to start with your insurance company and make sure you have your ducks in a row with regards to your evidence (statements, witnesses, etc etc etc) that the other driver was technically at fault. Unfortunately the fact that you dropped your bike without making contact doesn't help your cause however.
 
This will be a challenge. Even with witnesses.

The insurance company can and will find you at fault. You lost control of your vehicle avoiding a collision.

A lawyer may assist will helping change the insurance company mind but considering the amount of damage, not sure it's worth it.

However, the claim will likely impact premiums at renewal so, escalating might be a good idea.





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AutomaticYes said:
Its probably worth throwing on collision as it only costs a literally a few extra bucks a month.
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But why? Collision only comes into play when it's your own fault and in that case you're going to want to avoid the at fault claim. A single at fault will cost more than accepting the loss of most lower end bikes in the long run.
 
Not going after the other insurance company? It's no-fault. Your insurance company is supposed to pay since she caused the damage.
 
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