Ducati Monster Forum

Local Clubs => CAM => Topic started by: venomousr1993 on October 31, 2011, 07:06:20 PM

Title: Got rearended while stopped on the Aprilia..any advice?
Post by: venomousr1993 on October 31, 2011, 07:06:20 PM
While stopped in the median to turn left onto Backlick Road of 7100 Fairfax Co Pkwy I got rearended by a Toyota Prius.  What is even better is as soon as he got out of this car he said " I am sorry I didn't see you, I am blind in one eye!"  WTF!!! I asked "THEN WHY ARE YOU DRIVING??"
Some lady coming the other direction stopped because she saw me fly over the handlebars and called EMT's...two fire trucks, an ambulance and 3 Fairfax County Cops showed up.  I have a bruised leg and a stiff shoulder and center back.

I have never been rearended where it is someone elses fault...what are some things to be aware of here in Virginia.  I already called Geico and told them I had some back and should tightness, wrist and thumb discomfort, and a bruised leg.

Old chap was 69 and refused to give me his insurance information, but got it on the police report.  I was not cited and not sure if he was, but since he hit me from behind it should be pretty straightforward.  

I did not get any statements, but got a few pics and made sure the guy did not move my bike or his car before the cops showed up.

What seemed shady is about 10 min after the accident a guy pulled up and offered the old guy a card as a character witness.  I was like " hey I got rearended wtf  is going on here?" He was " not talking to anyone"  Seemed shady.

Should I get a lawyer?  Any adice?  Or just deal with his insurance...he was covered by Geico...I have State Farm.  Is Gieco any decent with working with claims?
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: ducatiz on October 31, 2011, 07:14:25 PM
I would let Geico handle it.  You should have a copy of the police report ASAP and unless someone is paid off or smoking crack, there is no way to get around the fact that he hit you from behind.  Even if you did a sudden stop, he would still be liable for paying attention and not hitting you -- in short, there is no excuse in law for rear-ending someone.

The guy stopping to give him his card is weird, but it shouldn't matter-- character witness?  WTF, this is a traffic incident, not an issue of his character.

Get the police report.  If it says anything other than Prius-drone hit you from behind, then get a lawyer.  If it says that, then Geico will go after him.  I've had no problems with claims with them.  I know exactly where you were too, I used to pass that intersection on my way to work.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: tocino on October 31, 2011, 07:16:32 PM
Sounds like you did the right thing - the insurance co. knows, the police made a report, you've got some pics and I assume they have the info on the person that called them so they are a potential witness.
Call your insurance company tomorrow just to see what's happening.
To be honest, the old guy was doing the smart thing: don't say anything and let the insurance companies figure it out.
Also to be honest, the "character witness" sounds like a total douche. Did he even see the accident?
Glad you're OK, if a little sore.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: venomousr1993 on October 31, 2011, 07:26:35 PM
Thanks...I hear so many stories of the victim getting screwed over.  I am just not up to getting screwed.

I have to say I don't think the bike will fair well with the adjuster. 

The rear rim has a very slight bend..you can tell at the bearing and axle, the side panel was rashed, right rearset, footrest, rear brake lever bent/broken.  The frame wnere the rearset broke got a scratch/ding in it, right forkleg has a ding in it and right handguard is rashed. 
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: ducatiz on October 31, 2011, 07:30:20 PM
So prius drone is buying you a new bike.  Start shopping.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: venomousr1993 on October 31, 2011, 07:45:00 PM
Hell, I just put 12xx.00 into the front forks from Traxxion.  I can always put the whole bike back to stock and put it all back on another one.  Just would rather keep this one since I have had it since 1k mile mark and know its complete history
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: ducatiz on October 31, 2011, 07:55:52 PM
You would be shocked at how little it takes to total a bike.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: tocino on October 31, 2011, 07:57:36 PM
Quote from: venomousr1993 on October 31, 2011, 07:45:00 PM
I can always put the whole bike back to stock and put it all back on another one.  Just would rather keep this one since I have had it since 1k mile mark and know its complete history

Definitely swap out the front end. They will total the bike - a scratch on the frame or swingarm is all it takes.
Are you still in possession of the bike?
Also, buy it back from them. I assume in VA (is a VA titled bike?) you can get a salvage title. Just check with the insurance co. that they'll sell you insurance on a salvaged bike (best they'll offer is liability).
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: Lars D on November 01, 2011, 10:41:46 AM
Good to hear you are ok.

If I am correct, the cartridges will swap into just about anything.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: TitanMonsterS4R on November 01, 2011, 11:00:53 AM
Glad to hear you are ok. 

I would take all the nice bits off and go back to to stock before they assess the damage.  With my accident, State Farm was only willing to offer me another 10% of KBB value for the shiny aftermarket parts that were on my bike.Given the amount that was punt into her, I asked and they agreed to let me take some of the aftermarket parts off with the understanding that i would replace them with stock parts. 

Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: Zulu on November 01, 2011, 12:04:29 PM
Sorry to hear about your accident.. Just a curious question.. If the bike is totalled and insurance company is going to salvage the bike, why would they care if the bike has all the stock parts on it?
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: Slide Panda on November 01, 2011, 12:17:56 PM
Because when they buy it off you as a total, they then sell it out to breakers to try to recoup some of the loss. So they care because if there's bits missing, it hurts their sale price to the breakers.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: Zulu on November 01, 2011, 01:30:57 PM
uhu .. Thanks for the info.. I might need to go by ducpond one of these days .. pick up my stock parts.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: venomousr1993 on November 01, 2011, 02:23:46 PM
It is titled and registered in Georgia.  I have the title.  Yes the cartridges swap out into other bikes...they have spacers in there for my bike...not sure what else they could fit into, but I have the nice traxxion caps which are similar to the GSXR forks. 

I really like this bike and will see what the adjuster says.  If they total it, and the price is right to buy back I may possibly make into a track rat or may just part out....so a salvage or rebuilt title isn't a concern for me  KBB is 7325.00 and most used bikes similar to mine are going for 6k-7k 

Either way I am going to medical tomorrow since I couldn't fine a comfortable position at work all day at my desk.  My right shoulder/lower neck is stiff and my right fingers kept going numb while typing. 

Anyone know how and if they will cover my new leather jacket and A-Stars boots?  Hell if I wasn't wearing them, they'd most likely be eating some major medical bills. 
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: Meerkat on November 01, 2011, 02:30:54 PM
Quote from: venomousr1993 on November 01, 2011, 02:23:46 PM
Anyone know how and if they will cover my new leather jacket and A-Stars boots?  Hell if I wasn't wearing them, they'd most likely be eating some major medical bills. 
My DC GEICO policy specifically excludes gear in their boilerplate exclusions.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: The Mad King Pepe' on November 01, 2011, 03:05:22 PM
Quote from: Ducatician on November 01, 2011, 02:30:54 PM
My DC GEICO policy specifically excludes gear in their boilerplate exclusions.
It's your fault! Quit posting videos of you sliding into traffic circles! [laugh]
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: TitanMonsterS4R on November 01, 2011, 04:21:53 PM
his State Farm policy covered my helmet boots and jacket.  I think it falls in with the bike settlement and not bodily injury. 
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: ducatiz on November 01, 2011, 06:36:07 PM
Quote from: Ducatician on November 01, 2011, 02:30:54 PM
My DC GEICO policy specifically excludes gear in their boilerplate exclusions.

If the other party is at fault, their insurance has to cover any damages including damage to your clothing and protective gear.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: venomousr1993 on November 02, 2011, 05:46:12 PM
Well the driver is disputing my claim stating he didn't hit me.  The police report comes out on Friday (showing him at fault), so I am playing it cool till it comes out, then will let the insurance companies hash it out.  I have pics on my phone of the tire scuff on his front bumper and my bike from multiple positions.  Going to medical in the morning to see my physician. 

God I hate liars
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: DRKWNG on November 02, 2011, 06:10:44 PM
That really sucks!  How is he trying to dispute it?  I guess he feels it's plausible that you just decided to fall down in front of him, then call the cops for the hell of it?

Quote from: venomousr1993 on November 02, 2011, 05:46:12 PM
God I hate liars

I hear you there brother.  Except for I'm starting to feel that way about people in general.  Really wish I had kept the land up in the Carpathians that I bought before I left Europe... 
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: ducatiz on November 02, 2011, 07:00:15 PM
Quote from: venomousr1993 on November 02, 2011, 05:46:12 PM
Well the driver is disputing my claim stating he didn't hit me.  The police report comes out on Friday (showing him at fault), so I am playing it cool till it comes out, then will let the insurance companies hash it out.  I have pics on my phone of the tire scuff on his front bumper and my bike from multiple positions.  Going to medical in the morning to see my physician. 

God I hate liars

wait, what???

that's just ridiculous.  you know for a fact the report will show he hit you?

take no prisoners dude.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: DRKWNG on November 02, 2011, 07:06:25 PM
Quote from: ducatiz on November 02, 2011, 07:00:15 PM
take no prisoners dude.

Yea.  This is one of the few cases where I would advocate suing the make the beast with two backs out of the guy.  Especially with the fact that you're already having issues with your back and such.  That sort of thing only gets worse in time; make sure the guy pays extra hard now to make up for it.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: venomousr1993 on November 03, 2011, 02:06:28 PM
Quote from: DRKWNG on November 02, 2011, 06:10:44 PM
That really sucks!  How is he trying to dispute it?  I guess he feels it's plausible that you just decided to fall down in front of him, then call the cops for the hell of it?

I hear you there brother.  Except for I'm starting to feel that way about people in general.  Really wish I had kept the land up in the Carpathians that I bought before I left Europe... 

Damn...land in Europe??  I have no ties to the US once I retire from the service in 3 yrs.  Been offered a few jobs as an aircraft mechanic in the Cairns area in Northeast Australia and have sponsor there who works for Queensland PD.
-Went to medical this morning and they gave me some flexerall..sp? and vitamin-M (motrin) and said my back is having some muscle spasms and strained trapezius muscle
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: DRKWNG on November 03, 2011, 02:38:14 PM
Yea...  I purchased about 35 acres of land in the Carpathian mountains back in 2005.  Pretty much had to let it go when I got divorced.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: Slide Panda on November 04, 2011, 05:38:03 AM
Quote from: venomousr1993 on November 02, 2011, 05:46:12 PM
Well the driver is disputing my claim stating he didn't hit me. 

So you just felt frisky and launched yourself over your handlebars on a whim? What an ass... get 'em

This guys claim that he didn't hit you will probably be about as ridiculous as the dudes story where he claimed he didn't hit and knock over the parked bike, instead it fell over due to the vibrations from him starting his car. Asses.

I hope Insurance tosses the book at him.
Title: Re: Got rearended while stopped on the Aprilia..any advice?
Post by: bikepilot on November 04, 2011, 10:04:49 AM
He's blind in one eye,  how'd he know whether he hit you or not with zero depth perception?  [cheeky]