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Old April 16th, 2013, 11:14 PM   #41
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How many guys do you know named Rebecca?
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Old April 16th, 2013, 11:17 PM   #42
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It's all good. I don't usually take offense to things like that.
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Old April 27th, 2013, 08:48 PM   #43
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How goes the recovery (of yourself and any bike related insurance items)?
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Old April 27th, 2013, 09:02 PM   #44
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I'm still as good as ever. Never noticed anything unusual with my body in the past few weeks so I think it's safe to say that I got out of that one scot-free

The police dept said the police report is available now, but the insurance company still hasn't received it. I'm not really willing to pay $17 for the report when my insurance company already ordered it though so just waiting.
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Old April 28th, 2013, 06:51 AM   #45
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Very sorry to hear about this, but I'm you weren't hurt yoo bad. Hopefully everything will go well with the other party's insurance and you can either get your bike fixed or repaced.
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Old April 28th, 2013, 11:12 AM   #46
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Great to hear that you're doing ok and the insurance items are moving toward getting resolved
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Old April 29th, 2013, 04:46 PM   #47
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So the insurance company just received the police report. It's siding with the other driver and the insurance company automatically goes off of that unless I have anything to provide an argument against it. Unfortunately I don't have anything. Dammit I'm pissed. I can't even begin to figure out what's wrong with my bike to fix it or to determine if it's worth fixing.
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Old April 29th, 2013, 04:50 PM   #48
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I'd question that. Bring up the fact that you were already making a left turn and therefore had the intersection claimed, while he came late to the party, ran the light, and hit you.

If not, just be glad you're healthy and well.
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Old April 29th, 2013, 05:03 PM   #49
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I'd question that. Bring up the fact that you were already making a left turn and therefore had the intersection claimed, while he came late to the party, ran the light, and hit you.

If not, just be glad you're healthy and well.
Both the police and the insurance company already took my statement on the incident though. Man I should've bought that GoPro

I'm definitely still grateful I got out of that basically unharmed. A wrecked bike is much cheaper than a hospital bill anyway.
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Old April 29th, 2013, 08:37 PM   #50
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Ive seen you ride and i know for a fact that you are a responsible rider. I feel for you. why isn't the bike rideable? It would be nice to take it over to the dealership and figure out an estimate. I have a little truck and we could take it to Fremont or coco powersports. Sorry I can't think of any sf kawi dealers off the top of my head.
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Old April 29th, 2013, 09:20 PM   #51
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It doesn't turn on and and I have trouble even turning the key in the ignition. Also, I had removed the Corbin seats just in case and I had issues with putting the stock seats back on because of bent brackets and shifted plastic. Currently, no seats are actually attached to the bike.

My bike is in Fremont so the dealership isn't too far. I might take you up on that offer if I'm available. I'm in Monterey during the week so I'm only in the Bay Area on weekends.
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Old April 29th, 2013, 09:21 PM   #52
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Is there no way you can contest the report? You clearly said HE broke the red light... Doesn't that immediately make him at fault?
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Old April 29th, 2013, 09:34 PM   #53
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There are no other witnesses or cameras at that intersection though, as far as I know, so it's all my word against his. Insurance agent said the police report had some crap about the angle of the crash with the timing of the lights at the intersection makes it more likely that I had a red and he had a green or something like that. I already told the same story to the police and the insurance company. Not sure what more I can do.
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Old April 29th, 2013, 09:36 PM   #54
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I would request a copy of the police report, just so you don't have a middle man explaining it to you.
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Old April 29th, 2013, 09:40 PM   #55
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They're sending me a copy of it too, but by postal service. You'd think they could do better than sending things solely by postal service, especially when there was already email communication going on.
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Old May 1st, 2013, 04:47 AM   #56
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did they claim both sides not at fault or did the cops actually give you a ticket?
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Old May 1st, 2013, 06:02 AM   #57
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did they claim both sides not at fault or did the cops actually give you a ticket?
California is a no-fault state so no tickets at all for something like that. Solely decided with the insurance companies.
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Old May 1st, 2013, 06:43 AM   #58
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California is a no-fault state so no tickets at all for something like that. Solely decided with the insurance companies.
you'll have to wait for a copy of the report then...

if they were not there they cannot prove fault.
you could turn on a green light and he run red light and still get the same angle.

did you take a pic of the traffic signs in the area?
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Old May 1st, 2013, 08:47 AM   #59
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Insurance company already received the report and is acting based upon that. I didn't take any pictures at the time because my phone wasn't working and I couldn't turn it on.
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Old May 1st, 2013, 11:45 AM   #60
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Get a lawyer
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Old May 1st, 2013, 12:14 PM   #61
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Get a lawyer
Can't afford that. How much would a lawyer help when the police report is favoring the other guy?
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Old May 1st, 2013, 12:48 PM   #62
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Can't afford that.
let the lawyer decide that.
give them a call and see if he can help.

it could be he solves it with a phone call, and gets $700 and you get $4000.
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Old May 1st, 2013, 12:56 PM   #63
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Crap, I just remembered... maybe lawtigers can help you out? It's worth a shot. I know how it is when you can't afford a lawyer, especially when they want a good chunk of change to "help" you out first and foremost.
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Old May 1st, 2013, 12:59 PM   #64
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Can't afford that. How much would a lawyer help when the police report is favoring the other guy?
You may be able to get them to work on contingency, doesn't hurt to give a call and see your options
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Old May 1st, 2013, 04:32 PM   #65
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Ok so I got the police report and it was according to the cop that because of how far the other car was in the intersection and his belief that the green arrow couldn't have been on, that I was at fault. He seems to think that I had just an ordinary green light for straight ahead. However, I definitely saw the light turn yellow, as is also noted on the report and I just realized something important regarding that. If I had a regular green light, then so would the other guy. Then there would be no reason at all for lights on my side to be turning yellow, whether it be a turn arrow or regular arrow, correct? All the lights on my side turned yellow. Only reason for that would be because the other guy started approaching the intersection on a red light.

I think I might go plant myself at that intersection some time when it's quiet just to watch the lights and document it. Hell, I was expecting to make my u-turn and then having to wait at the light for a left turn arrow, but there it was just sitting there. I grew up in the land of left turn lanes/lights so there's no way I was mistaken.

So now I have another question for all of you: would it be worthwhile to try to go to the police department and argue my case to have the report changed, or just go straight to a lawyer?
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Old May 1st, 2013, 09:23 PM   #66
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Which street were you trying to turn left from? Redwood Rd or Skyline. Skyline looks like it has a protected left on Gmaps. I see all yellows on one side and at least straight greens (left arrow light view blocked by angle) on the other with a car turning left in street view if I click in a certain spot so your story seems plausible.

Check what the sequence of lights are because the cop may have assumed the wrong sequence. Most lights are both lefts on then the straights. But some are one side left and straight and other side wait then other side left and straight (low traffic). I think I've seen a few left and straight, then both straights, then other side left and straight.

If it's both lefts, and then straight (and then cross traffic) and you said he ran a straight yellow/red into (left turning) green you, it wouldn't make sense because the cross traffic would then get the green, not the left. This is what the cop may have been thinking.

Of course, this is assuming the guy didn't completely blow a solid red...

I think the insurance is who determines liability $$ but the cop could also give the other guy a ticket.
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Old May 1st, 2013, 09:58 PM   #67
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I was turning left from Skyline. Left was going back to Castro Valley and right was toward the rest of Oakland. My side was green for both a left turn and straight ahead. I saw the guy coming from a little ways away and he didn't seem to make an effort to slow down even though he was most certainly coming toward a red light. Even if I was catching the end of a yellow, his light wouldn't have been green yet; he would've still been blasting right through a red.
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Old May 2nd, 2013, 05:24 AM   #68
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Ok so I got the police report and it was according to the cop that because of how far the other car was in the intersection and his belief that the green arrow couldn't have been on, that I was at fault. He seems to think that I had just an ordinary green light for straight ahead. However, I definitely saw the light turn yellow, as is also noted on the report and I just realized something important regarding that. If I had a regular green light, then so would the other guy. Then there would be no reason at all for lights on my side to be turning yellow, whether it be a turn arrow or regular arrow, correct? All the lights on my side turned yellow. Only reason for that would be because the other guy started approaching the intersection on a red light.

I think I might go plant myself at that intersection some time when it's quiet just to watch the lights and document it. Hell, I was expecting to make my u-turn and then having to wait at the light for a left turn arrow, but there it was just sitting there. I grew up in the land of left turn lanes/lights so there's no way I was mistaken.

So now I have another question for all of you: would it be worthwhile to try to go to the police department and argue my case to have the report changed, or just go straight to a lawyer?
go straight to a lawyer.
you won't get very far with the cops.
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Old May 2nd, 2013, 08:31 AM   #69
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I don't know how much ins. is on the 300's but all I know is that I have the fullest ins I can get.....just for people like that!!! Glad your ok!!!
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Old May 2nd, 2013, 09:28 AM   #70
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Crap, I just remembered... maybe lawtigers can help you out? It's worth a shot. I know how it is when you can't afford a lawyer, especially when they want a good chunk of change to "help" you out first and foremost.
I second this. If i remember right, they don't charge you a cent unless they win your case. Nothing to loose, and a lawyer is the only way you'll get your voice heard. Good luck and glad you're not injured.
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Old May 2nd, 2013, 08:09 PM   #71
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Ok I'll give Law Tigers a shot. I've only gotten more pissed about this.

My parents are calling racism on this incident too, due to their prior experiences. Other guy is a white guy, the cop is a white guy, and I'm an asian female. Awesome, didn't think about that.
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Old May 2nd, 2013, 08:11 PM   #72
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****ing white guys
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Old May 2nd, 2013, 08:20 PM   #73
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Well there is also that annoying stereotype about female asian drivers

At least I wasn't driving a minivan hahaha. /bad asian joke
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Old May 3rd, 2013, 06:55 AM   #74
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Did you have on one of those ridiculous sun visor shade things and a surgical mask?
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Old May 3rd, 2013, 07:32 AM   #75
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Ok I'll give Law Tigers a shot. I've only gotten more pissed about this.

My parents are calling racism on this incident too, due to their prior experiences. Other guy is a white guy, the cop is a white guy, and I'm an asian female. Awesome, didn't think about that.
I don't know if it's so much racism as sexism. I have known a LOT of people who assume any accident involving a bike is a woman's fault. Often times, just any accident. I was stopped at a stop sign and a bicyclist plowed into the corner of my Jeep. Somehow that accident was my fault even though I wasn't moving...

You really should look into a lawyer or go down and watch the lights. Heck, even video tape the lights and take it in. Don't let the ball get dropped on this one. Glad you are ok though!
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Old May 3rd, 2013, 07:48 AM   #76
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I don't know if it's so much racism as sexism. I have known a LOT of people who assume any accident involving a bike is a woman's fault. Often times, just any accident. I was stopped at a stop sign and a bicyclist plowed into the corner of my Jeep. Somehow that accident was my fault even though I wasn't moving...

You really should look into a lawyer or go down and watch the lights. Heck, even video tape the lights and take it in. Don't let the ball get dropped on this one. Glad you are ok though!
To be fair, a man would have sensed the danger and moved out of the way.
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Old May 4th, 2013, 04:43 PM   #77
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Get a lawyer and fast. Make no statement to that insurance company till you do. With them siding with him they may come after you for his damages as well. Find out if they made a claim against your liability policy. I would call it a win if you both just fix your own stuff and call it even. If you decide not to fix it at least you have a part out option to make some money back. I do hope since you only had liability on the bike you are not making payments.
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Old May 5th, 2013, 12:30 AM   #78
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Get a lawyer and fast. Make no statement to that insurance company till you do. With them siding with him they may come after you for his damages as well. Find out if they made a claim against your liability policy. I would call it a win if you both just fix your own stuff and call it even. If you decide not to fix it at least you have a part out option to make some money back. I do hope since you only had liability on the bike you are not making payments.
I consulted a lawyer and he said I really don't have much to work off of since there weren't any proper witnesses and there's an adverse police report. Insurance company is already ready to pay for the other guy's stuff, but I don't know if the guy has made a claim with his insurance yet. I'll be talking to the lawyer again, but right now it's looking like my only way out of this is finding a way to prove my position to the police officer and having him change the report...

Went back to the intersection tonight with friends. Had a friend loop around through the intersection while my other friend and I watched and filmed until we caught the light pattern I saw before. That light does stay green a relatively long time compared to most lights, even when there's cars coming from other directions. It's also just a really weird light in general.

I bought the bike outright in cash. I did get comprehensive, but not collision because I was more worried about someone stealing my bike than getting in an accident. I figured I got the crashing all out of my system back when I got my first bike and ended up in the ICU
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Old May 5th, 2013, 01:23 PM   #79
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Good luck on getting everything fixed!
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Old May 7th, 2013, 05:10 PM   #80
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Followed up with the lawyer. He had consulted with other attorneys and said there's nothing they can do for me. I even asked if they could possibly help me with getting the police report changed and was told that the police pretty much as a rule don't do that. I also confirmed that the other guy has already filed a claim with his insurance. Awesome. I'll still try to deal with the police myself, but I might be completely ****ed.
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