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Old April 27th, 2014, 06:57 PM   #1
CaptainPlatypus
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Cut off, wiped out

A block from home, while going about 5 under the speed limit, I get cut off by a red lexus doing maybe 15 under the speed limit, six feet from my front wheel. I panic brake poorly, lock her up, and fall to the right. Turn signal, mirror, windshield, brake lever, and front fairing are toast. Tank's dented. Exhaust's scraped up and dented. I'm scraped up (kevlar in my jeans held, but my right knee got skinned anyway, and my left Bilt leather glove got torn right through.

At least the driver turned around after, so I got her insurance information. She spent the whole interaction loudly claiming that since she hadn't actually hit me, she wasn't liable. Thoughts?
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Old April 27th, 2014, 06:59 PM   #2
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she was still at fault for the crash since she illegally pulled out in front of you
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Old April 27th, 2014, 07:05 PM   #3
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she was still at fault for the crash since she illegally pulled out in front of you
I sure hope so. Forgot to get info from the witnesses since I'm a dumbass, and no camera...this could be a lot less cut and dry than I'd like if she keeps up the bullshit. She did admit cutting me off, though....
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Old April 27th, 2014, 07:06 PM   #4
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.........Thoughts?
I believe that the Police report is key.
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Old April 27th, 2014, 07:13 PM   #5
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I believe that the Police report is key.
Just walked home without calling the cops. I was too rattled to think straight.
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Old April 27th, 2014, 07:17 PM   #6
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Just walked home without calling the cops. I was too rattled to think straight.
I don't know how the fault-insurance game is in your state, but I would say that there is nothing that you can show to your insurer other than the damage to your bike.

Hope it is not this way, but, being all verbal, I would say that she is off the hook in this case.

Take a look at this informative thread:
https://www.ninjette.org/forums/showthread.php?t=111326

Hope your knee heals well and soon.
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Old April 27th, 2014, 07:35 PM   #7
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I sure hope so. Forgot to get info from the witnesses since I'm a dumbass, and no camera...this could be a lot less cut and dry than I'd like if she keeps up the bullshit. She did admit cutting me off, though....
Think you could track down the witnesses since it was within walking distance to your place?
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Old April 27th, 2014, 07:38 PM   #8
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don't worry you'll learn from your mistake and take the time to get all the info and a police report next time.
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Old April 27th, 2014, 07:49 PM   #9
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don't worry you'll learn from your mistake and take the time to get all the info and a police report next time.
This!

In my accident, the cop said since there was no contact insurance would not do anything and your comprehensive/deductible would take care of you. You would have to dispute the accident with the driver and pursue a small claims court. Either way you still need a police report. Witnesses help a ton to back you up and then their insurance would settle. Perhaps there were cameras nearby that might have caught the incident.
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Old April 27th, 2014, 10:41 PM   #10
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hope it works out for you. It'll be tough if there are no witnesses and it's just your word against theirs.

Hopefully the fact that she stopped and traded insurance information is proof that she has some involvement. In order to avoid her dangerous maneuver you had to dump the bike vs. being potentially run over.

My dad had an old guy side swipe him cause the 4 lane road (2 lanes per direction) shifted over to make room for a left turn lane and he didnt see or notice the lane moving over. My dad was found i think 50% at fault for that cause it was just my dads word against his. Claimed that he didnt see my dad. (both my dad and dude were in cars)

this is also why i wear my gopro every time I ride. I've seen and caught some stupid crap on video already.
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Old April 28th, 2014, 07:13 AM   #11
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Sorry to hear this. Have you called either insurance company yet?

It's good that she stopped and traded info, like ez12a said, it shows that she had some involvement. In some states, if you do something that causes another driver to have to hit their brakes, it's considered aggressive driving, whether that be abrupt lane changes or pulling out in front of someone. I'm not sure if that would help you, but you might want to look into that as something you could hold her accountable for even if she's not specifically found at fault.

Glad you're okay and your bike can be fixed!
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Old April 28th, 2014, 05:22 PM   #12
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Yeah, I called my insurance company right after. Ended up having to go to urgent care in the middle of the night, though - couldn't put weight on my leg or bend it properly, and wanted to make sure there weren't any hairline cracksi n my knee. Turns out I was fine, but I ended up sleeping through the claims rep's call this morning. Left me her direct line, though, so I can call her tomorrow when business hours reopen.

Bike isn't as good as I thought. Rolling her forward there's some resistance in the front wheel that I didn't notice before - it feels like the brake rotor got warped a bit or something. She definitely starts up and runs, though.
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Old April 28th, 2014, 05:56 PM   #13
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Aw no... Well, when the claims adjuster comes out, make sure you point out all the damage so they can cut you as big a check as possible. Do you have a pre-gen or a newer 250? Just be careful because sometimes the pre-gen front fairing, at $640 in most insurance adjusters' eyes, can total the bike... If it's a new OEM fairing, mirror, windscreen, lever, turn signal, and now something with the brake, that can add up. If I were you I would add up the cost of all the OEM parts (which you can find roughly on www.bikebandit.com) and look at the KBB value of your motorcycle and see what % of that value do the OEM parts cost. I don't want to scare you but I lowsided and my fairing, mirror, brake pedal, exhaust, turn signal, front fender, and bar end came out to a 73% loss and in my state 75% totals it.

If you're worried, tell them that the mirror or windscreen or turn signal was pre-existing damage, and it will lessen the chance of your bike being totaled.

Good luck, let us know what happens. Usually insurance people try very hard to make you happy, so if you're not, push them around a little bit lol. Hope your leg feels better soon!
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Old May 1st, 2014, 02:09 AM   #14
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Sorry to hear about your accident. I don't have any advice. I just hope you heal up, get your bike fixed and get this behind as you.
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Old May 1st, 2014, 10:08 PM   #15
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Sorry to hear about your crash. I hope you heal up quickly, and that the bike gets fixed.
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Old May 4th, 2014, 08:12 AM   #16
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All right, gear review time. Insurance review will need to wait until I get in contact with the claims rep - I ended up making a 2AM trip to urgent care for X-rays when I woke up in the middle of the night and couldn't put weight on my leg. Just swelling, thankfully, but it ****ed up my sleep so bad I wasn't awake during business hours all week.

Like I mentioned in the original post, I went down to the right on rough asphalt at about 30mph. Main contact points were my left forearm,left hand, and right knee. I slid about six feet.

I was wearing a pair of tough old hiking boots (I know, breaking that habit), and they held up well enough but I'm definitely moving up to dedicated riding boots before I get back on two wheels. Don't have a review for you there, since they aren't proper gear. My G-Max GM68S helmet never touched the ground, so I can't offer much of a review for it either.

Icon Victory riding pants did their job, I suppose, but I'm never wearing them on a moving bike again. They don't have knee armor, and I'm replacing them with a pair of Icon Brawnsons that do, but they did a reasonably good job keeping my skin on. There's about a dime-sized rip in the denim, but the kevlar under it is practically untouched. I managed to lose about a quarter-sized chunk of skin even through the kevlar, though, which CE armor definitely would have saved. Lesson learned - armor on my knees every time I swing a leg over a bike.

Alpinestars Stunt mesh/textile jacket did perfectly. My forearm hit at the same time as my hand (thanks, hapkido, for teaching me proper falling technique), and the jacket's not even scuffed up. No injuries there.

My Bilt gauntlet-style leather gloves, on the other hand (don't know the model name) failed miserably. Left palm is torn completely through, all the way across - not even at a seam, the leather just ripped wide open. Lost a bunch of skin between my thumb and wrist. Definitely going to be very careful about whatever I buy to replace them being much higher quality.

Also, the insurance of the lady who cut me off (AAA) tried to contact me Friday, though I'm not going to call them back until I've talked to at least my insurance (Progressive) and maybe a lawyer. Should be a good sign, though - her vehicle wasn't affected by the accident, so if they're getting in touch it should be to own up to her responsibility for the accident or something...right? That's what I'm trying to convince myself of, anyway...
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Old May 4th, 2014, 08:24 AM   #17
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Wow those Bilts do not sound like good gloves!
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Old May 4th, 2014, 08:47 AM   #18
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Wow those Bilts do not sound like good gloves!
agreed, unfortunately being cheaper end I'm also not surprised.


Looks like you're mostly ok though which is good, hopefully the insurance places her at fault for cutting you off but without a camera/witness I'm unfortunately not sure it will work out in your favor.
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Old May 5th, 2014, 02:35 AM   #19
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Sorry to hear about your crash, I would definitely get the police involved in case anything happens in the future. Police report is the best thing to have, if you are not at fault. The process goes much faster. What will happen is that a claims adjuster will examine and check the damages on your bike. If the cost of the repairs exceeds the value of the car or bike, then they will usually salvage the title and cut you a check. But don't let them stiff you. Good to hear your in one piece, I hope you heal quickly and start riding again.
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Old May 5th, 2014, 12:04 PM   #20
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Morons in cars

Hate to hear about anyone involved in a crash caused by stupid people in automobiles.
The best you can hope for is minor bodily injury. You are riding a "bicycle with a bunch of POWER" Remember the feeling of crashing your bicycle? Multiply that times 100. Road rash HURTS!
Had an incident last Saturday with an idiot coming across 3 lanes of traffic from my right, trying to make a left turn into traffic going in the opposite direction. Luckily lane position and my Gremlin Bell were with me. Missed the asshole by about 8 inches! Gotta love the way the 250 moves! If I had been on a heavier bike, I probably would have centerpunched the car.
That encounter made me realize that a camera was needed.
Bought an Ion Air Pro camera and mounted it to my bike on the fairing on the upper left. Nice camera, good video quality. I now have proof of what happens during my ride. Hope I NEVER have to use it for insurance purposes!
Get well and ride safe!
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Old May 9th, 2014, 09:10 AM   #21
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Thanks for the well wishes, everybody. Scrapes are mostly healed, but my back's been killing me for the past few days. Too much goddamn tension from the crash (and from holding my right leg at unnatural angles for a week or so).

Hopefully I'll be able to get the insurance crap over with soon so I can move on to shopping for a bike. Can't imagine the 250 not getting totaled, though obviously I'd prefer to keep her if it wouldn't be on a salvage title...
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Old May 10th, 2014, 09:28 AM   #22
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Eric, Very sorry to hear about this, I hope you heal up fast and get your moto fixed soon. Fortunately it doesn't sound too serious but still no walk in the park either. Police report and witness statements are important for getting liability assigned.
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Old May 10th, 2014, 09:14 PM   #23
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I feel for you man. that sucks . good luck with it all.

I stopped at a red light today and a suv blew the red light almost running right over me. Luckily I was far to the right of my lane and they squeezed between me and the car too my left. Its mirror almost got me. inches. and they were moving

Crazy people , absent minded and no consideration for others.
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Old May 11th, 2014, 09:05 PM   #24
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Pictures of the damage to bike and gear:

http://imgur.com/a/VoRDg/
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Old May 28th, 2014, 03:31 PM   #25
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Well, I won. AAA's investigator decided they were at fault.

Time to find a new bike, I guess. I'm not really holding out hope for Hood.
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Old May 28th, 2014, 03:51 PM   #26
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congratulations! enjoy your victory. they are few, and far between.
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Old May 28th, 2014, 04:03 PM   #27
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R6 time?

Glad you won the insurance battle though. Would you get another pre-gen or something else if your bike gets totaled?
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Old May 28th, 2014, 08:22 PM   #28
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congratulations! enjoy your victory. they are few, and far between.
Yeah, their investigator was awesome. Apparently she ended up meeting the driver at the scene of the accident and realizing she couldn't possibly have not cut me off. Apparently the driver isn't too happy, but hey, she could have kept her damn eyes open.

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R6 time?

Glad you won the insurance battle though. Would you get another pre-gen or something else if your bike gets totaled?
Depends on the funding I have available and what I can find and insure in that price range. I don't exactly have an overabundance of cash. I'll take anything with ABS over anything without if I can afford it; other than that, I just want something as reliable and practical as I can find. Something like a CB500 would be perfect, but realistically that's probably too new to find one at a decent price. Maybe I'll find a good deal on something like an SV650. And maybe I'll just end up on another 250, especially if I can get a good deal on the salvage rights to this bike for parts.
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Old May 28th, 2014, 11:40 PM   #29
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Glad you're okay and that you won. Sorry to hear about it, though.

The glove ripped, but your palm stayed clean?
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Old May 29th, 2014, 02:18 AM   #30
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Glad you're okay and that you won. Sorry to hear about it, though.

The glove ripped, but your palm stayed clean?
Nah, palm got ripped up pretty bad. Took that picture after it'd healed.
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Old May 29th, 2014, 07:18 AM   #31
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Glad to hear you will get your restitution. It's weird to me how many people try to dodge out of what they owe. If I caused someone a loss like you've had I'd want to make it right. I'd do it partly just to take care of my own guilt.
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Old May 29th, 2014, 10:12 AM   #32
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Nah, palm got ripped up pretty bad. Took that picture after it'd healed.
Oh, haha. How bad was the rash?
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Old May 29th, 2014, 11:14 AM   #33
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Oh, haha. How bad was the rash?
Not that bad. Maybe three quarters' area off my hand, and another two off my knee. Still hurt like hell for a few days, though.
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Old May 29th, 2014, 11:19 AM   #34
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Not that bad. Maybe three quarters' area off my hand, and another two off my knee. Still hurt like hell for a few days, though.
Thank you. I hated rashing up my hands and knees after bicycle accidents. This helps with my search for new gloves.
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Old May 29th, 2014, 11:42 AM   #35
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Thank you. I hated rashing up my hands and knees after bicycle accidents. This helps with my search for new gloves.
Yeah. It's definitely helping me not compromise on my plans for new gear to remember that what happened to me was a good outcome, relatively speaking.
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Old May 29th, 2014, 01:51 PM   #36
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Yeah. It's definitely helping me not compromise on my plans for new gear to remember that what happened to me was a good outcome, relatively speaking.
I've got a pair of A* gloves, size L, orange color, that you can have for shipping cost.

I think the model is the S-1

http://www.bikebandit.com/alpinestar...orcycle-gloves
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Old May 30th, 2014, 12:08 AM   #37
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I've got a pair of A* gloves, size L, orange color, that you can have for shipping cost.

I think the model is the S-1

http://www.bikebandit.com/alpinestar...orcycle-gloves
Oh man, those are some nice gloves. Done. And thank you. Color ain't my cup of tea but it's so preferable to getting injured.
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Old June 14th, 2014, 08:36 AM   #38
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Final update.

insurance made me an offer like I couldn't believe. I paid $1400 for my baby, and they offered me $2000 for her, or $1800 if I wanted her back. The engine, carbs, etc - basically everything except the fairings, and a bit of cosmetic damage to the tank and exhaust - are totally fine. So I decided to take her back - the engine alone I paid $300 for, so even if I decide to part her out I'm coming out ahead. What I'll probably do, though, is do a basic job of fixing her up into a road-legal streetfighter, get her re-registered as salvage, and then let some new rider have her for ~$4-500 or so.

For myself, I've picked up a new (semi-project) bike, which you can read about over in the appropriate forum.
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Old June 14th, 2014, 10:03 AM   #39
Motofool
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Final update.

insurance made me an offer like I couldn't believe.......


AAA or Progressive?

Also, we need the model of those gloves that failed so bad.
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Old June 14th, 2014, 11:19 AM   #40
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AAA or Progressive?

Also, we need the model of those gloves that failed so bad.
AAA. Highly recommend 'em as a company to get hit by the customers of.

Unfortunately I've been to Bilt's site and haven't been able to identify the model of the gloves that tore wide open on me. So apparently they've been discontinued. But I'm certainly just very leery of Bilt products in general after this.

New gear is A* S1 gloves courtesy of @Worldtraveller (oh god they're wonderful) and a pair of Icon Brawnson armored pants. Should take care of me just fine next time.
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