Wrecked R6 last night

[lgk]

Usually if the police determine fault it was due to the driver admitting it. Or evidence that the at fault party was breaking a law that played a role in causing damage.
Otherwise its up to your insurance co. Based on your words and witness testimony.

I have dealt with a couple crashes where a friend didn't have collision coverage.
One time there were no witnesses and the other driver lied. He did not receive payment.

Another had a witness, but couldn't get in touch him afterwards for testimony.
He also didnt receive payment. The other insurance co denied fault.


This is why collision coverage is recommended for nice vehicles.

[EsrTek]

Sorry to hear this Cuong.. I hope it works out for the best, and yeah I agree w the others, take any money that guy is willing to give. Worse case I think it sets some precedence as to admission of guilt by him in a court (if it goes there).

[akima]

Sorry to hear about your crash. Hope the lorry driver pays for all the damages. It seems that he thinks he is at fault and you think he is at fault. So there appears to be no quarrel about who is at fault. The best thing the lorry driver could do would be to provide full financially restitution to make up for his negative actions. I would immediately accept the 500 he has to offer and request that he pay the remaining 500 over monthly payments like you suggested.

Although this driver appears to be at fault, there is probably something you could have done differently to avoid this driver's dangerous actions. Have you thought about that? I think answering that question is the best use of this sub-forum. We can learn from our mistakes and the mistakes of others.

[Motofool]

Originally Posted by akima

.........Although this driver appears to be at fault, there is probably something you could have done differently to avoid this driver's dangerous actions. Have you thought about that? I think answering that question is the best use of this sub-forum. We can learn from our mistakes and the mistakes of others.

Quick recovery, cuong-nutz !!!

[cuong-nutz]

Originally Posted by Motofool

Quick recovery, cuong-nutz !!!

I could have just slowed down to a crawl when I saw him,
Just stayed behind him,
Ride it out and prayed he sees me in time to not hit me
swerve left into opposite lane and hope he doesn't continue turning and hit me

Sad thing was no one stopped to check on me other than the guy who initiated the accident.

Either way, I've calmed down and what is done is done. Stuff happens and sometimes there is not a thing you can do about it.

I am fortunate enough to be here still and I'm fortunate to have good friends who are willing to help out.

If that guy decides to not help out. My loss. Karma, who knows. What doesn't kill me again, only makes me strongerer.

[Motofool]

Originally Posted by cuong-nutz

........I am fortunate enough to be here still and I'm fortunate to have good friends who are willing to help out.

Indeed you are !!

"A man must be big enough to admit his mistakes, smart enough to profit from them and strong enough to correct them." - John C. Maxwell

[hybridkid]

Glad that you are alive to talk about it -- hope you can heal up well. Just curious, what kind of gear did you have on?

The financial thing is going to be tough -- no clear answer really. And like most bikes, old R6's don't have ABS -- tell your buddy to look into that for his next bike -- it's life-saving and works very well.

Get a helmet camera -- A contour roam is what I use for ease of use..very easy to mount and turn on and off to record. Can't beat it for recording rides.

For the truly paranoid, get a manfrotto flexible mount with a super clamp and another camera like a contour or go pro for monitoring your rear if you have to. I always record my rides...always.

[Kevin2109]

@Trailerboy531

[cuong-nutz]

Melted to my scrubs



















Well met up that guy and collected the 5 bills from him after waiting an hour for him to meet up. I was already getting pissed. I took the 5 from him and left and went drinking.

I ended up making an anonymous donation to a family that just lost their home to a fire later that night.


Would the wrecker that "towed" the bike be liable for the damage he caused? He scratched the **** out of the fairings and gas tank hanging the bike from the crane/dolly.

[JeffM]

Wow, first time I've seen photos of the dreaded melted fabric. Bet you are glad you had scrubs between you and your riding pants.

Jeff

[FrugalNinja250]

First off, the people saying you're at fault or liable and all that crap, well, they're mistaken. Mistaken in that they haven't got real-world experience, and they'll stay inexperienced until that day when they find themselves in an accident they couldn't reasonably avoid due to the carelessness and idiocy of others. The reality is that stupid people do stupid things every day of the week. That truck driver broke the law, and his breaking the law put you in a situation where you couldn't reasonably avoid the accident. The issue of lack of contact making him essentially exempt from fiscal responsibility for his actions is a legal one, not a functional one, and doesn't alter the fact that his actions were the primary cause of this accident.

The only advice I can offer going forward is to equip yourself with a good video recording system, a video black-box as it were. I run a ContourHD every inch I roll specifically to document events in case some idiot creates an accident situation that I'm unable to avoid. The cool thing is, lying to a police officer and filing a false accident report is a felony in this state (and I bet in many others) so that video will come in handy for not only getting restitution but putting liars in jail too. In your case, a video showing his illegal maneuver, plus the video of him admitting guilt by apologizing for what he did, would've gone a long way toward getting restitution in civil court. Also, if after getting a judgment he claims he doesn't have the money to satisfy that judgment you can get the judge to issue a seizure/forfeiture document. Generally speaking, people who are "broke" have remarkable abilities to come up with the money when the alternative is you driving home in what used to be their car with what used to be their entertainment system in the back seat. Unless he's an LLC or certain type of INC, everything he owns is subject to forfeiture (with some exceptions). Sound bloodthirsty? I think of it this way: Maybe this will be the wake-up call that changes this driver's behavior and saves another rider's life down the road. Or someone's kid, or mother, or father, or brother or sister. You get the idea.

In fact, you have an option now, small claims court. If there were any witnesses who will testify as to what the driver did and how he triggered the accident scenario you can file a claim against him personally. You didn't sign any liability release when he paid you, right? Many small claims courts allow up to $5,000 more or less. Small claims courts typically prohibit attorneys, so if his insurance company does get involved they'll probably offer you a fair settlement just to make the case go away, specially since they can't represent him directly. If you honestly feel that he owes you restitution and feel that this situation would not have happened if it wasn't for his bad driving decisions then you should look into it. Filing fees are pretty cheap in most cases, and it's a lot less formal process than a full-blown civil action.

One of the reasons drivers like this keep driving the way they do until they kill someone is because they keep getting away with stuff like this. People who don't care about their driving will drive as poorly as they routinely get away with because that's just human nature. It isn't until they start having to pay for the results of their actions that they will begin to change those actions.

And, the tow company should have a claim process for damage. They'll likely try to say the damage was pre-existing. For future reference, always take pictures if you're able (and nowadays nearly everyone has that ability nearly all the time with their phone) to cover situations like this.

[Alex]

Originally Posted by FrugalNinja250

First off, the people saying you're at fault or liable and all that crap, well, they're theoretical morons.

You've been here too long not to realize this breaks the T.O.S. No more warnings in this thread.

[akima]

I like most of what you said @FrugalNinja250. I know I'd find it hard to go after that guy in that situation, but you're right - his negligence could easily kill someone. Cuong is lucky - it could have been much worse, but even as it is, it sounds like he has had a huge loss. Destroyed gear, expensive damage to the bike, personal injuries and stress. Seeking restitution for his suffering because of someone elses negligence seems reasonable to me.

[Alex]

So - instead of applying the money that you did receive from the other driver to your friend's bike you crashed, you donated to another charity case?

[lgk]

i dunno, i might have tried to get him to write a check for 5 bills.
that way i got a record of the payment.

either way, i would make it right to my friend, it just how i was raised.

[cuong-nutz]

Originally Posted by Alex

So - instead of applying the money that you did receive from the other driver to your friend's bike you crashed, you donated to another charity case?

Yes sir. I felt like they needed the money more than I at the time. I may just end up buying my friend's bike since he had already planned on selling it prior to the accident.

[Alex]

Where are they in all this, what are they asking or expecting from you to make this right?

[cuong-nutz]

Originally Posted by Alex

Where are they in all this, what are they asking or expecting from you to make this right?

I've already told him I'll fix his bike and that all the parts are on it's way. He actually stated something similar to what frugal posted along the lines how people like this can get away.

My friend came home yesterday and finally saw the bike for the first time after the accident. He's just glad that I'm alright. He was really bummed to see that his bike was wrecked still, though. We've been friends since we were little kids and we're pretty much family, although that doesn't always work out for others.

[Alex]

Tough situation. Sounds like calmer heads will prevail long enough to work things out without losing a friendship over it. It's tough though, if you're borrowing a bike, it's pretty much imperative to return it in the condition you received it, or make it right if not. Doesn't much matter if was hit by a meteorite, bigfoot, or sharks with lasers.

[akima]

Originally Posted by Alex

sharks with lasers.

December 21st 2013... it's happening!

You heard it here first!

[FrugalNinja250]

Originally Posted by Alex

You've been here too long not to realize this breaks the T.O.S. No more warnings in this thread.

Sorry Alex, I didn't realize that my comment violated the TOS. I went back and read it, and I suspect I violated 2.1, correct? I edited my comment to be more respectful in saying what I had to say.

[tunaluna]

For a second I thought you stole this from a motohouston post but then I realized you were the same person.
Hope your friends isn't super mad at you and I hope you are feeling better now!

[cuz]

Originally Posted by tunaluna

For a second I thought you stole this from a motohouston post but then I realized you were the same person.
Hope your friends isn't super mad at you and I hope you are feeling better now!

lol i thought u knew Cuong...

It was a nasty fall but hes strong plus his military background is just a + to handle pain

[lolibater]

damn son. glad you're alright.

[tunaluna]

Originally Posted by cuz

lol i thought u knew Cuong...

It was a nasty fall but hes strong plus his military background is just a + to handle pain

well all ninja 250owners are related some how. Lol
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