First crash - Need advice | GTAMotorcycle.com

First crash - Need advice

CFunk

CFunk

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So, I was heading to the GO station parking lot in Whitby and had just turned down the entrance and started going around a corner when I realized that they had placed wooden beams across the entire thing, that were nailed into the asphault to allow them to run a hose from one side to water the grass on the other. I brake hard, but it's not enough to slow me down so I hit them at ~20KM/h, puts the bike into a wobble, and I wipe out, sliding about 12-14 feet before stopping. The sliders took most of the damage for me, but the shifter snapped, the rad was pushed, the farings were pretty badly eaten, and my knee has seen some better days.

Everyone seems to agree with me (including GO personnel) that this was a stuipid idea to put obstructions in the roadway with no signage warning drivers/riders of it. What has happened so far is:

- 911 was called (even though I told them I was fine)
- The cops wrote up a report telling me if I want to go through insurance to give them the paperwork
- Paramedics checked me out
- I took lots of pictures
- The obstruction was removed
- GO special constable came and got information about it off me about what happened (requested me to send the pictures I took since the boards were removed before he got there)
- GO constable said he would be filing a report and that I can talk to their claims department
- Bike is still in the parking lot (just, in a parking space now)

Basically what I want to know is, what is my next move? Should I talk to insurance about it? Should I be trying to do a claim through GO? Or do I need to do both? Do I need to seek legal counsel or will my insurance company do that for me if I make a claim? This just happened this morning, but I don't want to wait too long to act on this in case there is something I need to do is time sensitive.

Thanks!
 
First off talk to your insurance company and let them know whats going on. They will giveyou the best advice on what actions you or they will take.
 
Agreed. First speak to your insurance company, to let them know, but don't make an immediate claim. Contact GO Transit and see if they will make good on the damage which, it's quite possible, might result in a total write-off of the bike.

I'm moving this to the insurance sub-forum, where you'll find people who have more experience with this sort of thing.

For future reference you were better off to try and take the obstruction at speed. Loading up the front wheel reduced the available amount of suspension travel. I've managed to take dropped mufflers + tail pipes, at 90 Kmh, on two occasions, because I just stayed straight up and rode over them.
 
From the perspective of an insurance adjuster

Single vehicle accident they will charge you a deductible. Sucks I know, but to waive a deductible they need two vehicles with valid insurance policies present in an accident. Get an estimate before you speak to your insurance company so you know if it is worth it. Bike deductibles are often very high. (this all relies on the fact you have collision. if not don't tell the insurer.). In ontario your insurer pays for your vehicle damages. Your insurer will then have the right to pursue the at fault party in this case.

If you want to put a claim through Go Transit you will not get your entire costs. Legally they are only obligated to provide you with actual cash value (depreciated value). If you are going to go this way you will need an estimate to valuate your loss. You will also need to prove they were negligent. You may also be forwarded to a sub contractor who was doing the work.

this message refers to bike damage only. If you are injuried it is entirely different.

Hope this helps.

Allan
 
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One thing that I forgot to ask about, that goes to the negligence aspect: Were there any signs in place, that indicated this hazard?
 
Rob MacLennan said:
Agreed. First speak to your insurance company, to let them know, but don't make an immediate claim. Contact GO Transit and see if they will make good on the damage which, it's quite possible, might result in a total write-off of the bike.

I'm moving this to the insurance sub-forum, where you'll find people who have more experience with this sort of thing.

For future reference you were better off to try and take the obstruction at speed. Loading up the front wheel reduced the available amount of suspension travel. I've managed to take dropped mufflers + tail pipes, at 90 Kmh, on two occasions, because I just stayed straight up and rode over them.
Click to expand...

^I was just thinking that.

OP glad your ok.
 
Thanks. I somehow managed to miss that TWICE. Creating an obstruction, but failing to sign it, is negligent. Even cars could conceivably suffer damaged rims from it. If the OP has pictures of this fact, then it's good supporting documentation.

A co-worker just told me that he saw this obstruction, this morning, when he was heading into the lot in his car. It's around a corner, in the entry, and had no signage when he saw it. He also 'saw' it as he was driving over it.
 
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Rob MacLennan said:
For future reference you were better off to try and take the obstruction at speed. Loading up the front wheel reduced the available amount of suspension travel. I've managed to take dropped mufflers + tail pipes, at 90 Kmh, on two occasions, because I just stayed straight up and rode over them.
Click to expand...

When you say it, it makes sense. Wish it would have been my first instinct, LOL.
 
CFunk said:
When you say it, it makes sense. Wish it would have been my first instinct, LOL.
Click to expand...

There are a lot of things, in motorcycling, that run opposite to what you would expect someone's natural reaction to be. Counter steering. Not braking when leaned over in a corner. Looking as far ahead as possible, instead of at what is right in front of you. You've got to train your reactions so that you're more likely to do the right thing, than the wrong thing. It takes time and practice.

In most cases like this you want to try and brake to reduce your speed, then turn to avoid the obstacle. When the obstacle takes up the whole road, and is the way that you described it, straight through is your only real option.
 
niagara_ridder said:
Single vehicle accident they will charge you a deductible. Sucks I know, but to waive a deductible they need two vehicles with valid insurance policies present in an accident. Get an estimate before you speak to your insurance company so you know if it is worth it. Bike deductibles are often very high. (this all relies on the fact you have collision. if not don't tell the insurer.). In ontario your insurer pays for your vehicle damages. Your insurer will then have the right to pursue the at fault party in this case.
Click to expand...

Can you clarify a bit? I do not have at fault damage coverage on my vehicle. Because there was no other vehicle involved, does this mean I should not put in a claim and should go directly after GO? Do I get a deductable quote from my insurer? Do I need a repair quote before doing any of this?

niagara_ridder said:
If you want to put a claim through Go Transit you will not get your entire costs. Legally they are only obligated to provide you with actual cash value (depreciated value). If you are going to go this way you will need an estimate to valuate your loss. You will also need to prove they were negligent. You may also be forwarded to a sub contractor who was doing the work.
Click to expand...

They have already noted that it is a sub contractor who laid the boards down. I believe that the GO Constable said I would claim through them and they would claim against the contractor, but I will verify that one.

niagara_ridder said:
this message refers to bike damage only. If you are injuried it is entirely different.
Click to expand...

How does this change things (i.e. what else do I need to do if I want compensation for lost work time and the injury)?
 
1) If you do not have collision coverage they will not cover this and you are better off not telling them. Sorry, but in single vehicle accidents you are assumed at fault with a few exceptions such as animal impact. No collision no coverage...

2) Often when a company contracts out work there is a hold harmless agreement transfering liability. Whether Go wants to deal with you or pass you along is upto them.

3) If you are hurt you are entitled to benefits. Depending on the severity of your injuries your insurer may be able to provide therapy or rehab missed days at work. I'm not an AB adjuster not too familar with it. You could speak to a lawyer about a bodily injury claim against GO, but you will need to put an injury claim into your insurer to do this.
 
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Just call GO Transit, tell them what happened, let them investigate and see if they're prepared to make any offer for your damages.

They may try and blame you for the accident (first rule of liability is deny, deny and then deny).
 
That really sucks dude, glad to hear you walked away. The bike can be fixed, and hey, now you won't make that mistake again!

I agree with calling GO Transit first and seeing what they say. Maybe wait to call your insurance company, because they might start to consider it as a "claim" even though you may not end up doing so. I've heard horror stories of insurance companies dinging clients that simply call to ask questions, but don't end up filing an actual claim. They consider it an increase of risk.
 
Sorry to hear. I am no expert, but I would get a damage estimate first. The second step is showing GO is negligent (if they are in fact negligent). I wasn't there, so I cannot suggest either yourself or GO is at fault. You clearly believe they are. From a legal perspective (I am not a lawyer) in order for GO to be negligent 3 conditions must be satisfied:

1.) A duty of care was owed to the plantif (you): If GO owns the parking lot, then they have a duty to ensure its safe. Sounds like this is true.

2.) That duty was breached: (an obstruction was intentionally placed in the parking lot by GO) which was hazardous. You have a reasonable expectation of the parking lot to be safe and free from intentional obstruction. The question is whether GO made all reasonable attempts to ensure safety. i.e. was there a sign? maybe you did not see it. Was there any way GO could have made this safer? Was the obstruction the correct application for whatever it is trying to protect? Is it reasonable to expect all motor vehicles to pass over this obstruction safely or stop prior to it?

3.) Injury or loss occurred. This is also true (your bike was damaged), you may have been hurt

All 3 conditions must be met for a defendant (GO) to be negligent. Number 2 is the toughy. The court will view this in terms of reasonableness. Was it reasonable you for to avoid the obstruction?

In Ontario, you may receive a 30-minute free consultation by a qualified lawyer (don't ask them to do paper work for you, but you can at least get some free legal advice).

http://www.attorneygeneral.jus.gov.on.ca/english/courts/civil/suing_and_being_sued_4.asp

In addition to filing a complaint I would send GO a letter very clearly detailing what has happened, and indicate litigation may ensue if an appropriate settlement cannot be reached. You may be able to get a lawyer to review it for free, if they are nice. You can always ask GO for money, but I wouldn't bank on it. If they say no and you choose to go to court, this can be a slippery slope. While you may see them as 100% at fault a non-biased judge may not. The key is solid evidence.
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