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Message started by Wolfman on 09/13/11 at 20:51:11

Title: Accdent followup
Post by Wolfman on 09/13/11 at 20:51:11

Finaly got the accident report from the kid hitting me.
D@mn report aint nowhere near accurate.
Guess im going to have to hunt up the MSHP trroper who wrote it up and see what gives.
Hes got me rear ended about the bags, broadsided?????
I got pics AND the shock AND undamaged saddlebag brackets and a rear fender and swingarm to prove otherwise
Kid took me from the left front rider peg back through the shock, sideswiped me. Says it spun me 180 degrees and threw me down the road about 15 feet.
Bike swung 90 degrees and i was laying right by the bike.
Shows damage supposedly to the front and side of the car. Only damage he had was the lil plastic cover over the bumper on the very outside edge. No front and no fender damage.
Shows my bike as haveing damage down BOTH sides??? Damage was all on the left side.
Where we were in the road is all fouled up as well.
I dont know what the hell is going on. Its like the trooper didnt listen to a word i said or used his eyes to actualy LOOK at things.
FUBAR!

Ive always had a lot of respect for state troopers but this has me rethinking that respect now.
And at last contact my insurance carrier said HIS carrier still couldnt find a valid policy.
Guess ill call em again tomorrow. Bunch of BS is what it is!

Title: Re: Accdent followup
Post by justin_o_guy2 on 09/13/11 at 20:57:39

As long as his report wil get your bike fixed,, why worry about it? Gt that kids insurance to fix it, youve got a cop sayin you were in a wreck & YOU werent at fault,, thats all that matters, isnt it?

Title: Re: Accdent followup
Post by Sam7.62 on 09/13/11 at 21:06:35

Might matter if the insurance company uses super trooper's report to know what damage was cause by the crash

Title: Re: Accdent followup
Post by Wolfman on 09/14/11 at 12:38:55

Well lets see.Id like the report to be what really DID happen. Not some kids flight of fantasy. His insurance isnt going to pay for my bike. Report makes it look like i was at fault. Its like he didnt listen to a d@mn word i said and didnt look at the bike or car, just listened to the kid.
And i still dont know if the kid even had insurance, cant find a valid policy.
Im out of pocket and the report is totaly bogus. Makes me look like I caused the accident.

How the bike was hit, where the bike was hit, where i ended up, damage to both vehicles, none of its right. Im like what accident did HE go and investigate. Yeah im hot.
It matters because its all screwed up and makes me look like the bad guy.

Title: Re: Accdent followup
Post by verslagen1 on 09/14/11 at 12:54:34

I had this problem awhile back. get a lawyer, your insurance agent should help with this if you have comprehensive. Pressure the cop to revise his report. and sue the kid. Make out your own written report as detailed as you possibly can (this is what saved my a$$) get pictures of the location of the accident, google map the area showing where you where, he was and directions. Traffic conditions, skid marks, witness's yada yada yada. documenta ad nauseum.

I keep tell myself, next time turn on the video recorder as soon as I can.

Title: Re: Accdent followup
Post by Wolfman on 09/14/11 at 13:34:46

Be to expensive.
According to my insurance team theres enough gray area and as there were no witnesses of the impact it still looks like it might of been my fault. Dont matter that the pics of the bike show otherwise or that the damage to the kids car was'nt as stated.
He!! the cop showed damage down BOTH sides of my bike. Right side never touched the ground or car, pristine.
Or that the description of the incident and the diagram are all wrong.
That gray area that i might not of been totaly straight in the road when he hit me makes me the bad guy. Bunch of BS!
Then theres the fact that if i go back on the trooper i could well end up getting stopped for something every time i go to town(small town cops).

They finaly found the kid had a policy....after 4 weeks.
Im kinda getting the feeling that beacuse i was on a bike i was automaticly the bad guy.
Dont matter the kid was driveing to fast for the road or road conditions or that he had his head in the flooboard and on the cell phone. Or that i had a witness the kid was flat flying down the road before he hit me. Its my word against his and it sure looks like the cop listened to him and not a d@mn word I said.
Its got me hot.

Title: Re: Accdent followup
Post by Boule’tard on 09/14/11 at 13:35:10

What exactly in your list of discrepancies would tip the case in your favor if it was corrected? If anything, the fact that the reports notes you as being rear ended makes it look like you had sufficient time to get out in the road and claim ROW and therefore would not be at fault. But if you were broadsided, that sounds like you failed to yield ROW to the car.

I kind of agree with Justin on this one.. unless you find an error that would actually help you if set straight, just leave well enough alone.

Title: Re: Accdent followup
Post by Wolfman on 09/14/11 at 14:12:10

The pics alone of the damage to my bike SHOW i was NOT rear ended or broadsided. The slight damage to the lower left corner of the kids bumper shows it as well. Not to mention the bruise on my left shin to the front of it. I had been broadsided id of had damage to my saddlebag brackets, bags, fender and probably the swingarm as well as my leg would of been broken. AND the rear shock would of been pushed into the fender of the bike, not back towards the rear.
And WHY did the cop show damage down the full length of BOTH sides of my bike?? Right side never touched anything but air and theres NO previous damage there from anything else.

Got me showed as getting hit in front of my driveway when i was out in the road and down the road.
And what the he!! am i being showed as being tossed down the road 15 feet or so when i was d@mn near under the bike?
Final resting place of the bike is shown of to the side of the road, not in the middle of it??
Like i said, what d@mn accident did the cop investigate because he sure as he!! didnt do mine!

Insurance company agreed but said the gray area was, if i was completely straight in the road or still turning. I thought the damage pics would show that for sure.
Done deal unless i could get him to amend it and they said it was probably a waste of time to try.
Then i get to worry about getting harassed every time i go to town if i raise he!! about it.
I definitely get the feeling i was the Bad Guy from the word go cause i was on a bike.

Title: Re: Accdent followup
Post by verslagen1 on 09/14/11 at 15:08:19

Ok, I understand you're pissed.
Got any friends with friends in the force?
Might be good to have an intermediary to have a discussion.

If not, then someones who's calm and can talk eskimo's into buying refrigerators. Anywoo, don't goe in there with a head of steam, as it won't get you anywhere.

Title: Re: Accdent followup
Post by kimchris1 on 09/14/11 at 17:36:51

Wolfman, I agree that you need someone
who can go and discuss this situation on
your behalf, without being so emotional.
I don't blame you for being upset.
Then again being hot headed about it,
going in like a stick of dynamite ready to
go off, will only go against you.

Also may I suggest you get a phone with
a camera? You can get a cheap one at WAL
Mart and carry it with you just in case this
ever happens again. If you had pictures it
would have helped so much more.
I was lucky in my accident, several witnesses
and one took pics immediately with a phone.
I do hope you can get some kind of justice with
this situation.
The kid lives in the area right? He is still driving up
and down that same road, right?
Nothing stoppping you from video taping him speeding
and driving careless. That just might be some eveidence
you could use to help show how he does drive.
Best of luck.. Hugs :) kim

Title: Re: Accdent followup
Post by Wolfman on 09/15/11 at 13:57:13

Im old enough and wise enough to know not to go in like a bull in a china shop!
As to a camera phone ive got one but when the inside screen is busted you cant take a pic with it.
Got pleanty of pics from a real camera to show the damage to the bike which backs up my claims of how i was hit.
As for video tapeing him id have to have a speedgun as well and even then the speed limit is 55 on gravel roads in MO. Kid was running 45-50 when he sideswiped me.

See thats whats so agravateing. The accident report is all fouled up, inaccurate as to location how and where i was hit and damaged areas of the vehicles. Me video tapeing him isnt going to do me a bit of good there.
As in someone to to play mediator...welllll....i got a cousin on the force im going to see if i can get ahold of. The commanding officer of the local troop is also an old school buddy of mine.
So ive a couple of options to look into.
Just really hacks me off the report being so fouled up and made out like the kid himself wrote it out.
I vent in here. RL im a lil more circuspect.
Its just hard to believe a state trooper screwed a report up so bad.
One of the local cops or sherriff deputies i could easily believe.

Title: Re: Accdent followup
Post by kimchris1 on 09/15/11 at 14:22:27

Wolfman, I do wish you all the best in getting
this resolved. I am thankful your injuries were
not life threatening, as well as your bike can
and will be fixed.

We all have our opinions for you and at the
end of the day, you will do what you feel
is best for you. Possibly the friend and your
cousin can give your some information that
will help you with the report being fouled up
as well as to how to proceed.
Again all the best and, glad your alive to vent..Hugs. :) kim

Title: Re: Accdent followup
Post by Boule’tard on 09/15/11 at 15:05:54

635B585259555A340 wrote:

Done deal unless i could get him to amend it and they said it was probably a waste of time to try.

+1 That insurance agent is right.

Even if you go and wrangle with the cops and successfully get the report redone, that does not guarantee that the percentage of blame is going to get tipped in your favor. At this point it is unrealistic for you to expect it to get rewritten to show the kid 100% at fault. The damage to (only) the left side of your bike strongly suggests that you had not completed your turn onto the roadway, and an accurate report will reflect that. That you were still pulling out in front of the car. But let's say you got a new report and like it better than the 1st one.

Fast forwarding to the court case, a judge will see that the fault for this accident is not so clear-cut. The kid probably thinks the opposite of what you think, that YOU are 100% at fault. And since you brought a case against him, he might as well file a countersuit. The judge may find you 50%, 25%, 75%, whatever percent liable, but it is NOT going to be zero. And however minor the damage to the car was, that will be added to the total damage of the accident, that you will be some percent liable for. The kid will probably go get an estimate for a full re-do of the bumper at a dealer.. watch it come up as a $1000 repair.

THEN let's say, in this whole damage percentage deal, you generally won more than you lost, and now have a small judgment to collect. You'll find (and DAMHIK) that small claims judgments have no teeth. No f*cking teeth whatsoever. It is totally on YOU to collect. The kid will probably just say he's broke. I don't know exactly what the laws are in your state, regarding writs of execution, wage garnishment, whatever... but you'll be paying the local sheriff more in fees than the kid will ever cough up.

So that's quite a hurdle, huh? You'd need to get that report redone, hope it comes out better than the one you already have, sue the kid, win more in damages than you lose, and do the legwork involved with collection.

I realize you need to blow off some steam and don't mean to piss you off even worse. But from a money/time/resources standpoint I think you ought to listen to the insurance company and cut your losses.

Title: Re: Accdent followup
Post by Wolfman on 09/16/11 at 01:09:01

As i stated earlier i have no intention to sue. Not worth the effort or the money. All id like to see is an ACCURATE report so if something comes up later on.
In retrospect, with the kid leaning down into the floorboard and holding the wheel i have to wonder if he didnt drift into me. Of course skidding on gravel dosent always run straight either.
Then theres the gray area where i might not of been completely straight in the road yet. Way the damage slides right down the side of the bike and the way it just slammed me down in the middle of the road makes me think i was though. Cell phone in his hand and inattention on his part didnt help.
But the way the law is, 55 on gravel and no cell phone restrictions besides no texting if your under 21 in MO, theres not a lot i could do.
But it sure irritates me the report is so d@mn fouled up. Its like the cop never even looked at the bike or listened to a word i said. Just the kid. Its irritateing.
I may talk to the officer and try to get it amended, but as for my cousin and friend, those favours will be left for something actualy important.

As for the kid. His family is supposed to be so broke the landlord is letting them live there free. Funny thing is they drive nicer vehicles then i can afford. Seen his mom driveing a nice new mini van today.

I got tired of waiting(4 weeks) and just started fixing it. All told ive lost 2 months rideing time due to surgery, recovery and the incident. Roughly 3000 miles of rideing for me.
Still got a bit of a sore neck and three toes on the left foot bothering me. Dont know if i jammed em or cracked em but nothing new for an old farm boy.
Got a shock from BBH and maybe ill get it cleaned up and mounted tomorrow and get back on the road. See if she tracks straight.
Course the d@mn temp has dropped into the low to mid 60s for a few days. Time to put up the denim and break the leather back out...lol
Been a rough summer all told in more ways then one. Winter looks to be about the same.

Title: Re: Accdent followup
Post by Boule’tard on 09/17/11 at 08:32:48

Glad to hear your bike's almost roadworthy again, and you're not headed to any more frustration.

Cheers [smiley=thumbsup.gif]

Title: Re: Accdent followup
Post by Wolfman on 09/17/11 at 12:40:41

Cr@p Boule, ive had nothing but frustration this summer it seems.
Thrown in the hospital just as things are really starting to hop and laid up 6 weeks doing nothing. Care there was less then stellar, got a bit of a fight with them to take care of.
Then bend the driveline on the big brush hog and the lil quad brush mower acts up and wont run.
Trying to get them fixed and get run over by a cell phone with a kid attached. No vehicle to run for parts or do errands.
Parts place cant seem to get an order straight for carb parts for the quad bush hog or moms lawn mower(still waiting to).
Four weeks of waiting on the insurance company before i can even work on the bike. Accident report all fouled up as well.
Now this stinking weather has turned cold and rainy just as im starting to cut wood for mom. Cant wok on her bathroom or kitchen floor as planned while raining either.
Lost about 2 months of rideing time, about 3000 miles of relaxing rideing there for me.
Top it all off my computer went toes up about two days out of the hospital. Been useing a laptop i got the old lady to post with.
Frustration?? Let me count the ways. ::)

Title: Re: Accdent followup
Post by LostArtist on 09/17/11 at 13:10:44

hang in there man! wow, hope things start going better for you soon

Title: Re: Accdent followup
Post by Boule’tard on 09/17/11 at 14:06:00

49717278737F701E0 wrote:

Cr@p Boule, ive had nothing but frustration this summer it seems.

Law of averages, man, law of averages. :D As this ordeal comes to a close, you should be paid up for the next decade.

I'd use the cold weather to work on the bike and get it a well deserved treat.. fork brace, verslavvy or something. That always makes me feel better after a wreck, fixing the bike up better than it was before.

Title: Re: Accdent followup
Post by Wolfman on 09/18/11 at 12:43:27

Paid up for a decade? He!! i been paying for over a decade.
Father had a massive stroke 15 years ago. Just before he got out of the hospital 3 months later the ex went in to have her labor induced, 2 weeks late. Almost lost her and the baby both. Emergency C-section had to be done. Baby was touch n go for 4 days.
I got my back hurt at work in late Aug then, have'nt been able to work since.
Nice 3 1/2 year fight with work comp only to be screwed over in the end.
Mom and i took care of dad at home for 10 years through 7 more massive strokes and only god knows how many minor strokes and seizures.
Last two years or so i got to stay up all night with him and sleep about 4 hours of a day. I also had the pleasure of being there and pronounceing him when he passed.
My younger sister died two years before dad did. Im the last of four kids.

Maybe a month after that the ex's father started downhill real bad. Long trying year before he passed.
Got those two nice big record breaking ice storms here in mo the next two years followed by an EF3 right through the farm in Jan the following year.
Then mom goes in for surgery in 2009 and has a stroke herself in 2009 which ive been dealing with since.

This summer i get to have emergency surgery for my gall bladder, guess i was close to dieing there. Been haveing attacks attributed to massive muscle spasams from my back for years before.
Then i get a kid on a cell phone just as im getting able to do a little something try to kill me on the bike with his car.
And all the mundane stuff i needed to do and tried to do this summer like fix the brush hogs ect which has driven me nuts. Bike being down made it impossible to hunt for parts or get the driveline fixed.
Looks like i may be feeding all hay all winter now as the grass was pretty well choked out by the weeds that came up during our drought.

Paid up?....lol If i won the lottery for a few million i might feel like ive broke even.
I 'Might' put my worst enemy through what ive been through the last 15 years or so. Id really have to hate him.
I aint worried about dieing cause im sure to go to heaven cause ive done been through He!!.
Oh yeah, the ex-wife lives with me to. :-/ :'( :D