Well it happened.... | Page 4 | GTAMotorcycle.com

Well it happened....

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OMG, i read your thread too late. I didn't go on the forums for few days....


I would have told you DO NOT file a claim. I can't believe some members here told you to do so.

First you never got a upper hand. You're at lose lose situation. As such don't let your principal or emotion make decision. You should have taken the offer by the truck driver.

This is why asking advice on forums is bad. Next time ask your insurance broker if you have one or person who deal with insurances company everyday ...( collision shop)
 
Yup, give or take 30 years of riding on and off, different insurance companies, but never have I had a claim involving a motorcycle

Current premium 402.00 for the year just paid it about a week ago, so no increase until next year, if it goes the 50/50 way......but even though I will fight and argue, I don't see it will help, might have to shop around next year if it actually does go up.....but even that probably won't matter much as they are all tied in to one another, one way or another....and this will burn me no matter what ins. company I go to.....

Just hit 50

It just amazes me how things can go sideways, by someone just telling a lie, and no way to disprove it unless you have someone to say otherwise....

Hopefully the DINK is not as smart as I am going to give him credit, and will not even think to say I hit him, and hopefully my adjuster will see that if I did hit the truck, the outcome would be way different for me and the bike....

They might not want to show up, but I believe if your adamant and unwilling to move they will show up, at least it's what I have been told, that they must attend all motor vehicle collisions, hopefully I never have to test out my theory, but I sure as heck will.....no way am I going to get screwed ever again....

my only recourse as told to me by someone is to file a civil lawsuit against the DINK, but that is money of which I probably don't have.....and or the time, but it's something I might look into....
 
Grandpa_Bambu said:
So let me get this correct... You've been riding for 30+ years without such as a murmer of a claim. This case may come down to a 50/50 end result of a sub 1000$ claim (<500$ for your share) and your Ins. Co. is going to increase your premium by 40% for the next 10 years... gradually decreasing... over that 10 years. Something very, very wrong with that picture dude... How much is your current premium if you don't mind me asking...

Have you been with the same Ins. Co. for the entire 30+ years?

If you don't mind me asking... how old are you? 50> ?




Yup... Doesn't it make you feel all fuzzy and warm inside... ;)

The world's shoelaces are untied...!!!




Unfortunately, as you mentioned, the police will not respond to a fender bender sub 1000$. It would come down to he said / he said anyways...so nothing would have been gained... Except for the possibility that buddy may be driving without insurance and this would have been found out and he would be in deep doo-doo!!!

The world is full of dishonest people and retarded legal policies... He hits You, and you get a shaft up your sphincter... Nice eh!!!
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First thing would be trying to get a witness. While calling the police tell them this is a case of insurance fraud. Even thats not entirely true, when it comes down to it. You're screwed. Once the cops show up, you got an odd of having a nice cop who might agree with your story.
 
Concac said:
OMG, i read your thread too late. I didn't go on the forums for few days....


I would have told you DO NOT file a claim. I can't believe some members here told you to do so.

First you never got a upper hand. You're at lose lose situation. As such don't let your principal or emotion make decision. You should have taken the offer by the truck driver.

This is why asking advice on forums is bad. Next time ask your insurance broker if you have one or person who deal with insurances company everyday ...( collision shop)
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By filing a claim he is screwed as well, and his premiums will go up as well, for me it won't be that significant for the bike, as the bike is the only thing insured with this particular company so it will not affect rates on car or house, so an increase on 400 bucks of 30 percent is not much, but I will at least know that he will have an increase on his vehicles insurance and I am sure the truck he was driving is costing him more than 400 a year....

If I am found not a fault nothing happens to me or my rates and my bike gets fixed, so it's not really a lose lose situation, and if it's 50/50 well premium goes up but bike still gets fixed

Taken the offer by the DINK truck driver of 200 bucks, I don't think so.....sorry that was just a slap in the face as far as I am concerned....
 
If there was no damage to the truck, it's pretty likely that the driver won't bother reporting the collision until the insurance companies go looking for him.
 
What are the pros and cons of internet revenge. Post his name, the name of the company etc. and see if people voice their complains to the quality of their people.
 
GK'er.... 400$ a year! Who are you with?
 
Brian P said:
If there was no damage to the truck, it's pretty likely that the driver won't bother reporting the collision until the insurance companies go looking for him.
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none at all, big pickup truck with a tow package against my bike, he won and I lost....

nobbie48 said:
What are the pros and cons of internet revenge. Post his name, the name of the company etc. and see if people voice their complains to the quality of their people.
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I will be looking into this as well, just have to make sure it's done correctly and can't come back to bite me in the behind....
 
Hate to be the bearer of more bad news, But if it is deemed a 50/50 collision, and the total damages to your bike are say $500 as you estimated then you still have to pay the deductible, (likely $300 or $500). So if your deductible is $500 you will see no money from the insurer. Now if it is judged to be 0% fault then your insurer will "waive" the deductible, and recover that from his insurer. BUT don't forget they will also try to determine fault.

You said one of your coworkers witnessed the accident have you given his info to the adjuster? This will be likely the only way your going to avoid the 50/50 ruling, adjusters like most people prefer the route of least resistance. The adjuster isn't going to allocate a lot of time and resources determining fault for a small claim as this.
 
hedo2002 said:
Hate to be the bearer of more bad news, But if it is deemed a 50/50 collision, and the total damages to your bike are say $500 as you estimated then you still have to pay the deductible, (likely $300 or $500). So if your deductible is $500 you will see no money from the insurer. Now if it is judged to be 0% fault then your insurer will "waive" the deductible, and recover that from his insurer. BUT don't forget they will also try to determine fault.

You said one of your coworkers witnessed the accident have you given his info to the adjuster? This will be likely the only way your going to avoid the 50/50 ruling, adjusters like most people prefer the route of least resistance. The adjuster isn't going to allocate a lot of time and resources determining fault for a small claim as this.
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Yup your right on the deductible, if it's 50/50 I will end up paying for the repairs, and still get the premium increase, in this situation I am the one who is going to get screwed, only part that makes it worth it, is if his premiums go up as well, and if he already has a bad record it could get really bad for him.....

As for the co-worker, it's just a person that works in the same building, however that being the case he cannot be used as a witness, go figure, as it's seen as too close and personal, just like the Dinks passenger can't be used as a witness, so at least as far as witness's go, neither one of us has one.....and we are back to a he said she said scenario.......


What a crazy world we live in.....
 
GateKeeper said:
...
...
Once again.....CALL THE POLICE, get them on scene and tell them what happened....otherwise you will have a headache for years to come......

NO more being a nice guy believe you me....
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Just to repeat what others said, the police will NOT go the scene of the accident... unless you say the other driver is holding you at gunpoint and is driving a pickup truck full of cocaine.

The police just don't want to hear about these fender benders. There are too many. Nowadays, all of them small accidents are over $1,000 with no exception.


The *bigger* problem here is the insurance company, and the way it operates. The only one time that I was in an accident (some young man rear ended me), the adjuster was so busy that it seemed like he made fault determination in the first three seconds (literally), and then he was off to start filing paperwork.

And 50/50 makes sense to the insurer. "Everybody owes, everybody pays", said Bill the Butcher in the movies.
 
hopefully no next time, but if they wont come out for under $1k, I guess that makes you feel slightly injured
 
GateKeeper said:
this is a possibility, but he seemed to care, he gave me his business card and he did say to call him, and we can work something out, lets see how that pans out......
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I heard that one before.... wanna know what comes next? He will deny everything in 3 days and tell you to go ahead and call the cops, then he won't answer the phone on you. You should have told him to get you $600 cash on the spot or that you would call the cops.
 
Pegassus said:
I heard that one before.... wanna know what comes next? He will deny everything in 3 days and tell you to go ahead and call the cops, then he won't answer the phone on you. You should have told him to get you $600 cash on the spot or that you would call the cops.
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He went to the cops. Cops didn't care. What matters most is who insurance believes. Although a police report saying the truck backed into him would've helped him with insurance but it's not required.
 
Bagman said:
Pay how much? I'd like to think your insurance would not increase as much as a 100% at fault claim. Cynically, I guess it's the same...
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increase in premiums could be 30 to 40 percent if it comes to a 50/50 at fault judgement, for me as told by my insurance company, how much for the DINK, I don't know


Pegassus said:
I heard that one before.... wanna know what comes next? He will deny everything in 3 days and tell you to go ahead and call the cops, then he won't answer the phone on you. You should have told him to get you $600 cash on the spot or that you would call the cops.
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Well I am sure he didn't have cash on the spot, and being that it all seemed it was going to be taken care of, I stupidly left it at that and tried to deal with him latter...

unL33T said:
He went to the cops. Cops didn't care. What matters most is who insurance believes. Although a police report saying the truck backed into him would've helped him with insurance but it's not required.
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Yup cops didn't care, took no report, said it was under a grand in damages, I asked the cop what credentials he has to make that determination, is he a bike mechanic or a body man or does he even own a bike, but I pointed out that the patch on his uniform says Police, so I don't see how he is qualified to make that determination, at which point he said nothing and just asked that we go back into the station, at this point he called the DINK truck driver, got his insurance info, gave it to me, and told me I can go.....


So now I am still waiting to hear back from my insurance company to see what is what.......
 
GateKeeper said:
Well I tried to be a nice guy and give him a chance to settle, I asked for 500 to cover the issue, he comes back with 300, I say no it's 500 or I report it in the morning, he says he will not just give out 500, and I can get 3 quotes for him and then take it from there, I told him to stuff it, I am not wasting my time with running around to get 3 quotes, and he can have a good night, in the morning I will be reporting the incident to the police and then to my insurance company, and he can deal with the consequences, I was being more than fair, but his mindset is somewhere else...

Ohhhh well, can't say I didn't try, I gave him and I will give most the benefit of the doubt, but it seems it's just not worth it...sad indeed...

I believe it's his truck there was no signs on the truck, his business card shows he is a general contractor, I can only assume he works for himself, but hey I was wrong about him being a descent guy also....

Everything is in emails, including the entire incident as of this morning, so all is fully documented, no need to rely on memory on this one, and this includes pictures of his truck, plate and the damage to my bike.

And I might have a witness, seems a coworker was a few cars behind and saw most of it, he went around us, but he did not realize it was me so he did not stop, but when I started talking about it at work, he goes to me, so that was you at the corner......had I known I would have stopped to see if you needed anything....

that might help me out....

The camera might be a good idea, it's just in close to 30 years of riding on and off, this is my first involvement in an accident....

So basically I am done being a nice guy, I did try, but all he is doing now is insulting me, he can deal with what ever happens after the reports are filed.....

Stay tuned, as I don't know how long this will take to resolve, but I will try to update as things happen....

Once again many Thanks for the support and the advise, and lesson learned, being a nice guy don't get you far......at least not this time........
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Breaking news!

Nice guys finish last.


Over to you Johnson.
 
Dresden said:
Breaking news!

Nice guys finish last.


Over to you Johnson.
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Insurance hasn't made their ruling yet. Just because the cops didn't help, when there was pretty much nothing for them to do, anyway, doesn't mean much. The only time I ever called them for help they tried to find something to charge me with so GateKeeper is doing better than that. The one time I called them to an accident they wrongly told me it would be 50/50 in a parking lot. Insurance deemed it 100% other guy's fault.
 
OP.. sorry for your struggles, thanks for sharing so we can all learn the inherent dangers with trying to be a good/moral person.

I like to treat all strangers as if they were trying to buy something off my kijiji ad. It's served me pretty well so far in life...
 
unL33T said:
Insurance hasn't made their ruling yet. Just because the cops didn't help, when there was pretty much nothing for them to do, anyway, doesn't mean much. The only time I ever called them for help they tried to find something to charge me with so GateKeeper is doing better than that. The one time I called them to an accident they wrongly told me it would be 50/50 in a parking lot. Insurance deemed it 100% other guy's fault.
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You're not Johnson?


Secondly - police fault and insurance fault are two completely separate calculations. While you can be charged by an officer, you can be deemed not at fault by the insurance company. Vice versa applies as well. For example, if you hit a patch of ice and veer off the road, you may escape being charged but the insurance company can (and probably will) still determine you to be at fault. I recall reading this in one of the long threads in GTAM's insurance section.. posted by an insider iirc.
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