Got rearended while stopped on the Aprilia..any advice?

venomousr1993 · 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?

ducatiz · 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.

tocino · 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.

venomousr1993 · 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.

ducatiz · October 31, 2011, 07:30:20 PM

So prius drone is buying you a new bike. Start shopping.

venomousr1993 · 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

ducatiz · October 31, 2011, 07:55:52 PM

You would be shocked at how little it takes to total a bike.

tocino · 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).

Lars D · 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.

TitanMonsterS4R · 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.

Zulu · 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?

Slide Panda · 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.

Zulu · 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.

venomousr1993 · 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.

Meerkat · 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.

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Got rearended while stopped on the Aprilia..any advice?