car cut me off went down and have no collision | Page 2 | GTAMotorcycle.com

car cut me off went down and have no collision

You 'laid her down?'. Generally avoidable, especially with ABS. If you didn't actually hit her, how would anyone know just how close you were? Your skill level determines that. Did you panic? Did you brake suddenly on a slippery patch of oil? Too many variables to throw blame on the other driver.

Minor damage to bike? Pay up out of pocket and consider it a lesson learned.

This happened to me once, a lady turned left in front of me. I would've hit her for sure and bike went down. She stopped, cried, and admitted she didn't see me and offered to pay damages. I ordered parts, showed her the receipt and she paid up (she never told her husband!). I also told her she was damn lucky I wasn't injured and could do the repairs myself.
 
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So, there was no contact with the other car, if you bike stops faster lying on it's side, maybe get your brakes checked.
 
Not going after the other insurance company? It's no-fault. Your insurance company is supposed to pay since she caused the damage.

As others have said, without contact they assume (probably correctly) that the rider crashed themselves. Stay upright, hit the brakes hard and hope for the best. You either stop before you hit (hopefully) or contact at the minimum possible speed. If the bike is on it's side before it hits the car, the rider screwed up.

I don't agree that the car should get 0% at fault in these situations, but the rider should get at least 25% so they are still screwed.
 
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...


So no contact was made. The posts in this thread are confusing, especially where an insurance company paid out based on a 'distraction'. From what I know, insurance requires contact, no?

So you were riding, got spooked, and laid the bike down? My guess is you're a new riding (given join date and it's a 'small' bike)...no shame in that - you wouldn't be the first, nor the last.

But I suspect that you're better off going out of pocket on this one. Trying to convince your ins company to pay out cuz of your own error (not making fun of you here), might be bad for you in the long run in terms of rates. From what they'll see, is that you didn't hit anything...you just laid the bike down. Far from a collision.
 
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.

Odds are that you will spend a lot of time and effort fighting the fault determination only for the insurance company to determine both parties were at fault, which is a result that is in the best interest of both insurance companies. She created an emergency situation. You lost control of your vehicle. And from a rates and renewal perspective, partially and fully at fault are the same thing.
 
Collision does not have to be the drivers fault. I have collision on a bike and a car hit it. Collision covered it. The bike was parked. It financially may not pay to go through insurance for a few scrapes. But defiantly get it looked at and assessed.


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Huh? He doesn't have collision coverage Jeff96.

What is he going to complain about? Lack of foresight?

If the other driver cut him off, and he was in his lane, then the accident determination rules would suggest that the car driver was at fault. Telling him to go after the other driver's insurance company is a smoke screen to distract him from getting his settlement. meme: I don't have collision coverage either, and I was fully covered for ambulance, damage to the bike, towing and wrecked gear. I did not make contact with the truck that cut me off. What lack of foresight are you talking about?

You are right in that laying down a bike while trying to avoid an accident shows a lack of skill and/or concentration. Obviously I don't have all the facts of this case, but in my case it came down to this: If the other driver hadn't pulled in front of me, I wouldn't have taken the emergency action which caused me to have a spill.

I'm not proud of the fact that I dumped my bike while trying to avoid an accident. I do not feel that I "won" anything by collecting on an insurance claim either. I would have been better off keeping the shiny side up even with the potential of contacting the truck. In the split second that I made my decision to grab too much front brake, I thought that I was going to stuff my head through the side of a pickup truck. Mistakes get made. Lesson learned.
 
If you have the details about the other party like her name insurance company and Policy No. and it was her fault e.g. she was making a left turn, then your insurance company should repair the motorcycle under the coverage called DCPD. and with most companies you dont have to pay any deductible for DCPD
 
So no contact was made. The posts in this thread are confusing, especially where an insurance company paid out based on a 'distraction'. From what I know, insurance requires contact, no?

So you were riding, got spooked, and laid the bike down? My guess is you're a new riding (given join date and it's a 'small' bike)...no shame in that - you wouldn't be the first, nor the last.

But I suspect that you're better off going out of pocket on this one. Trying to convince your ins company to pay out cuz of your own error (not making fun of you here), might be bad for you in the long run in terms of rates. From what they'll see, is that you didn't hit anything...you just laid the bike down. Far from a collision.


What this guy said. ^

If there was no contact, there won't be a successful claim.
You can try to go the legal route, but it will 100% cost you more money and time with no guarantee you'll be compensated and be even more out of pocket (Even with witness statements and a police report, chances are you'd lose).

Insurance company would see it as "You got scared, hammered the brakes, and went down on your own" (as if nobody else was involved) - had you somehow touched the car, it would be a different story.
 
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Learn to swerve people ("SMIDSY"), make yourself seen. Use your whole lane at intersections or any time there is possible impending danger. The single best technique I have adapted and use very often.
 
Learn to swerve people ("SMIDSY"), make yourself seen. Use your whole lane at intersections or any time there is possible impending danger. The single best technique I have adapted and use very often.
The
swerving i've adopted...if i can't see the driver's eyes i swerve.
 
Wait you dont happen to be asian living in brampton would you? If so, i might have seen you!
Nope

Haitian living in South misissauga :p i've been off the bike for a month thanks to torn achilles lol
 
You mentioned you went to the collision reporting centre to fill out forms. Do you have a report stating clearly the lady cut you off and you avoided the collision by going down? If so, it may be worth it to provide it and escalate it to the insurance company. They may still challenge it but with a bit of arguing they may actually decide to provide first rate customer service and use it to make an attempt to go after the other insurance company for the losses. Long shot but from what im reading from everyone all other options are gonna cost you and I'm assuming you would like to avoid the costs.



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The cops sent them to a collision reporting centre....did she go?

I still don't think insurance will pay out for a single vehicle accident no collision, esp without a charge laid.

However good luck
 
I still don't think insurance will pay out for a single vehicle accident no collision, esp without a charge laid.

If the at fault person (even in a single vehicle accident like this) carries collision coverage, then they will.

There is of course a decision to be made on making a claim to begin with – in a situation where there would be nothing to lose as the damage to ones record is already done regardless, sure, but in a situation where a claim may negatively impact your premiums for little return, or the dollar value of the claim doesn't make sense from a bike value standpoint, it may make sense to just skip it.

This is the reason I don't carry collision on my bike – any significant and accident will likely exceed its value for repairs, so it's not money well spent to carry the coverage.

Of course this all changes greatly if the bike is of much higher value.
 
The only way we will know is if the OP updates us.

You think they will, I think they won't.
 
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.
Yep ur right. Mis-read the original post at first glance. Thanks for pointing it out before i carried on further.

Would still recommend it though but its not applicable in this scenario

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Why don't we just rally at the *** hole driver's place and make them pay? lol
 
I have been in an accident where I did not contact the other vehicle (they had no damage from anything else either) and I was deemed 100% not at fault
 

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