Hit by a bus

[Rogue]

Thats what you get for parking, FJR's were meant to be ridden!

 

[Silent]

Thats what you get for parking, FJR's were meant to be ridden!

:dribble: :blink:



On the bright side, for the cost of the barely damaged can, I can see a new Givi V46 with a color matched lid in my future. Every cloud has a silver lining!

(Sorry Jim! I like my stock cans)

 

[Silent]

Update

You're not gonna belive these people, I know I don't. The owner of the bus company told my insurance agent that I was at fault for being illegaly parked. They also told him I was ticketed, and they had a police report, yet they wont give my agent the #. Apperently when they filed the claim with there insurance company, they told them the same thing. I called the PG police department, very nice people BTW, and they have no record of a citation or any police report of the accedent in question. You can see by the pics above, that the bikes not in the red zone, bout 3 feet from it actually. So the bus company is blaintantly lieing about the entire thing.

What a pack of ..... yea.

 

[OrangevaleFJR]

Update
You're not gonna belive these people, I know I don't. The owner of the bus company told my insurance agent that I was at fault for being illegaly parked. They also told him I was ticketed, and they had a police report, yet they wont give my agent the #. Apperently when they filed the claim with there insurance company, they told them the same thing. I called the PG police department, very nice people BTW, and they have no record of a citation or any police report of the accedent in question. You can see by the pics above, that the bikes not in the red zone, bout 3 feet from it actually. So the bus company is blaintantly lieing about the entire thing.

What a pack of ..... yea.

Wow...that's insurance fraud...time for a civil suit and convince your insurance company to press charges.

But I'm a nice guy...really

 

[donaldb]

welp, MS is a long way from CA, however, here it makes no difference if you are illegally parked or legally parked, if someone hits your parked vehicle.............it's there fault...........get well wishes sent to your bike

 

[EXPDSGT]

Silent --- nothing is ever easy. Get the good estimate (make sure they carefully chek the front sub frame - my bet is that it's bent at the mirror mount-the mirror bolts to the sub-frame).

You have photos of where you were parked and I would suggest you hire an attorney. They can guide you through the legal jargon and he/she will get the bus companie's attention.

New bike -- tip over. So sad. I'm sure yuo needed this in your life. Sorry guy----

 

[Silent]

Now there insurance company is telling me something different... Damn this is getting annoying. There saying someone's got a pic showing I was illegaly parked. And there reversing the ticket/report stance.

Did anyone that was there get a picture of the sign that was on the A frame near my bike?

 

[throttlejockeyTJ]

Still the only way to get hit by a bus... :dribble:

Just like the MFers to make the whole PITA ordeal worse than it had to be.

I would get statements from your Camera Crew & Witnesses :angry2:

You can also go after DV Diminished Value Car Facts etc will be int he PC System under the Vin#. Once your MC has been down it is not worth the same...

 

[bramfrank]

Notwithstanding how you may (or may not) have been parked, he hit your bike while it was stationary and HE was moving. That makes it his fault. Period.

Since they're paying, is there some way to have your shop declare the bike a total loss? You can buy back the 'wreck' for about $1,000 and put about $10K in your pocket!!

The only group that needs to care how you were parked is the police.

Don't sweat it.

 

[twodogs]

Some good advice above.

Plus, IMO, you need to decide what you want.

Do you want to get your bike repaired with the least hassle or do you want to fight with the bus company and its insurance company?

If the former, deal only with your insurance company (not your agent, BTW, your carrier's claims staff) and ignore the bus company and its insurance company. Fault is not a consideration in a claim under your collision coverage.

However, you do want to be sure that in the end your own carrier determines that it is not your fault - so that your rates don't go up.

OTOH, if you need sommething to pass the time and like to tilt windmills, have at it.

Bill

 

[krashdragon]

Now there insurance company is telling me something different... Damn this is getting annoying. There saying someone's got a pic showing I was illegaly parked. And there reversing the ticket/report stance.
Did anyone that was there get a picture of the sign that was on the A frame near my bike?

Bad enuf your bike got hit,

but good you weren't on it...

Yeah... the driver's going to claim anything he can to keep from being at fault...

good luck,

mary

Here's the only pics I was able to take before the batts went dead -
Right case:

Right muffler:

Right mirror:

the first pic shows the bike not in the red... and the driver isn't going to move it that far!

mary

 

[kaitsdad]

Ray,

PM kjc625.

 

[Silent]

Lotta good advise floating around this thread

Seems there is a silver lining after all. My agent says that if the other insurance company denies my claim for being illegally parked (which I think that A frame may state), my Insurance will fix the bike. $200 deductible, easy enough for me to deal with, and since there was no driver on the bike, it shouldn't affect my rates. Full coverage Rocks

If there insurance company denies me because I was illegally parked, does that mean I can go smash all the windows in the bus without retribution when it's illegally parked? h34r: Theoretically speaking of course.

Ray,
PM kjc625.

Sent one earlier today on a different topic, I'll send him another. Hope he snapped a pic of that A frame.

Since they're paying, is there some way to have your shop declare the bike a total loss? You can buy back the 'wreck' for about $1,000 and put about $10K in your pocket!!

There's not enough damage to total the bike, and the shop's not going to risk anything on my account. Even if they did total it out, and I couldn't buy it back for $1k in Ca.

 

[bramfrank]

By the way, those photos clearly show the bike parked legally - the red curb is way behind the machine. They also show the bus. Is that where the bus driver left the bike? Was the steering locked?

You have your proof if the answers are both yes.

And from what I see, the steering was locked. The bus was still there. I would ask the police to charge the driver with uttering falsehoods or some such. I'd insist that the bus company fire the driver for lying on a sworn statement and that their insurance carrier drop their coverage (after paying you, of course) for lying under oath. That is insurance fraud or some other nondsense.

I'd also ask for payment for the loss of value as someone else suggested. That is a real cost to you in this age of computer reporting.

Last comment - The basic damage is quite minor now that we can see the photos. But I'm curious about the tweaked bars - how hard did he hit?

 

[Silent]

By the way, those photos clearly show the bike parked legally - the red curb is way behind the machine. They also show the bus. Is that where the bus driver left the bike? Was the steering locked?
You have your proof if the answers are both yes.

And from what I see, the steering was locked. The bus was still there. I would ask the police to charge the driver with uttering falsehoods or some such. I'd insist that the bus company fire the driver for lying on a sworn statement and that their insurance carrier drop their coverage (after paying you, of course) for lying under oath. That is insurance fraud or some other nondsense.

I'd also ask for payment for the loss of value as someone else suggested. That is a real cost to you in this age of computer reporting.

Last comment - The basic damage is quite minor now that we can see the photos. But I'm curious about the tweaked bars - how hard did he hit?

Look above the last A in the Yamaha on the saddlebag. you can see in the reflection the A frame that "may" be a parking restriction. Thats where the dispute lies at the moment. If it was there when I parked, I didn't see it, it may have been blocked by a car that I parked behind. If it was a parking restriction, my bike was there for 3 hours across the street from the Police station, and it didn't get a ticket. Yes, the bike was parked according to California vehicle code. And yes, the steering was locked. I never saw the bike on it's side, they got it back onto the wheels before I got there.

Its the adjusters job to save there company every cent. It's my agents job to get every dime. If they can deny my claim on a technicality, then they win in there eyes.

As to the bars being tweaked. The steering was locked when the bus forced the front tire to turn as the bike was being pressed against the curb. That's allot of torsional force, somethings gotta give. It's yet to be seen weather the forks just moved in the triple trees or if the fork tubes themselves bent. The dealer is going to pull the forks for a through inspection.

 

[twodogs]

Seems there is a silver lining after all. My agent says that if the other insurance company denies my claim for being illegally parked (which I think that A frame may state), my Insurance will fix the bike. $200 deductible, ...

I give up.

 

[bramfrank]

I may end up agreeing with twodogs on this one. If you REALLY want to spend the deductible, go for it - but you were NOT a fault and your insurance has an obligation to collect it from the other party for you. Your claim will follow you around if they pay out and don't collect and your bike will be tagged as being accidented forever more.

I blew up your picture as large as I reasonably could - that A frame is unreadable in the photo. It could say "Eat At Joe's" for all I can tell. And it may well have been placed AFTER you parked, which means that it doesn't apply to you anyway. Even if it did, it doesn't give the bus driver the right to hit you.

It doesn't matter WHERE you are parked, legal or otherwise - that's a police matter. The cops can write you a ticket if you were illegally parked if they want to, but it has no impact on responsability for the accident. Their denial is a form of intimidation. They growl, you back off.

The bus driver has a legal obligation to avoid hitting obstacles no matter where they are. Even if you dropped a wheel in the middle of a busy highway, it is incumbent on the driver of the moving vehicle to avoid hitting it. If the wheel hit the bus (i.e. was moving), that is another story.

 

[Silent]

I agree with you and twodogs, the silver lining isn't the paying of a dedutable, belive me, it's getting my bike fixed in a timely manner and not paying $2k out of pocket to do it.

IF I have to pay a deductible and my insurance covers, then my insurance companys lawers will go toe to toe with the other insurance company lawers. It just means I don't have to wait 6 months to a year or more while they hash the legal issues out between them before I get my bike fixed. And once they get it all figgured out, I get my deductable back, assuming my insurance lawers are better than there insurance lawers.

As of yet, the claim hasn't been denied by the other insurance company.

 

[Cdogman]

Dayummm, Buss driver needs a whuppin

 

[twodogs]

I agree with you and twodogs, the silver lining isn't the paying of a dedutable, belive me, it's getting my bike fixed in a timely manner and not paying $2k out of pocket to do it.
IF I have to pay a deductible and my insurance covers, then my insurance companys lawers will go toe to toe with the other insurance company lawers. It just means I don't have to wait 6 months to a year or more while they hash the legal issues out between them before I get my bike fixed. And once they get it all figgured out, I get my deductable back, assuming my insurance lawers are better than there insurance lawers.

As of yet, the claim hasn't been denied by the other insurance company.

You're almost there.

Here's the deal. If it was me I'd: IGNORE THE BUS COMPANY"S INSURANCE COMPANY. FORGET MAKING A CLAIM WITH THEM. MAKE THE CLAIM WITH YOURS. THEY WILL PAY NOW.

IMO, being out $200 for a few weeks is well worth not having to fight with the other insurance company and the delay in getting the bike fixed. Besides, your company may waive the deductible because the collision was not your fault. That saves them the trouble of getting it from thother company and then sending it to you later on.

Your insurance agent should tell you this. If he hasn't, and ecourages you to fight with the bus company's insurer it's probably because he doesn't want his "loss experience" with your company (State Farm?) to be affected. The more claims made against the policies he sells, the less money he makes.

The company lawyers probably won't be involved in getting your insurer's money back. There isn't enough at stake to justify the legal expense so a compromise will be reached and, besides, most - but not all - carriers in California belong to an arbitration compact whereby their property damage payment disputes are resolved informally.

As to the bus driver, the poor schmoe(sp?) made a mistake. We all have. He no doubt didn't try to hit your bike, wishes he hadn't and he hung around afterwards. Nothing to get upset about.

All just my (detached and damned valid) opinion.

Good luck, whatever you decide to do.

Bill