Cager at fault .... Insurance pays !!!!!!

[Tim05fjr]

Hey folks,

I was waiting until the case settled before writing to tell the story.

Last spring was a tough time for my Buell. I had a little get off one day on my way to work one morning and managed to walk away with just a sore shoulder. Then a week after I got the bike repaired, I traded bikes with my SO Cheryl so I can do a few farkles to her Ninja 650. While she had it a dingbat cager pulled out into traffic right in front of her and she had to make a quick maneuver to aviod hitting her SUV and dumped the bike. She suffered some road rash on her knees and left forarm. The cager then proceeded down the road and only came back to the scene after a witness chased her down and made her return. Needless to say, Cheryl was pissed. The woman kept insisting it wasn't her fault and didn't even say she was sorry. To add insult to injury, the cop didn't even take down the woman's insurance information stating that since there was no contact between to two vehicles, she was not involved in the accident. He did however, take her name and phone # down on the report as a witness. As well as several other motorist that were present.

Cheryl was livid over this. I even spoke to a few cops and thay told me the same thing that the cop told her. One even went so far as to say that she was at fault because she failed to control her vehicle. This did not sit well with her. So she contacted a lawyer to track down the woman and get her insurance company to pay for danages.

After all is said and done. The woman's insurance compant found their client to be 90% at fault. They are compensating Cheryl for her injuries and paying me for damages to my bike.

I write this not to boast but to make everyone aware that there is justice out there for us. If some ******* causes you to ditch, it is their fault and they are responsable.

Tim

 

[ponyfool]

Congrats on your victory. It is indeed an uphill battle. I disagree with some of the other cops you've talked to. Just because there's no contact doesn't make another person free and clear of liability.

However, just like the situation described, I am precluded from exchanging insurance information unless the other person consents because, while the other person may be a contributing factor to the accident, they were not part of the actual accident. Name exchange is done in a case like this.

 

[FJRSTAR]

Finally some justice.

 

[stormrider]

it's about frigging time that someone is held accountable

 

[Timan]

To add my 2 cents worth. Please ensure you carry uninsured/underinsured coverage. Few years ago a young lady pulled out in front of me and I t-boned her in the drivers side door. She was carrying minimum medical liability coverage--$30k. That covered about my first 5-6 hours in the trauma center. Here in the South we have a lot of drivers with little or no coverage. You will most likely never here from the person at fault; I haven't. I went from running 80-100 miles per week to residing in a wheelchair for almost a year. Progressive's comment; (her ins.) it don't look like you were hurt that bad. Needless to say Progressive and this wonderful young lady have some payback due. I'm not bitter--much.

 

[Fencer]

Thanks for the heads up.

Now If they are going to make me ditch, I'll aim the bike at them(so contact is made) while I attempt to roll away.

 

[Geezer]

I'm glad to hear that the injuries were minor for both you and Cheryl. It is also good to hear that Cheryl was persistent and received a fair deal.

 

[daveski]

People who deny fault are driving like there is a competion and they get points and money taken away if they get caught doing something wrong!!!

In new jersey, it like your fighting for a space and consideration.

Glad somebody good won the competion...