Smart ass old lady backes up into me !

Yamaha FJR Motorcycle Forum

Help Support Yamaha FJR Motorcycle Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Now go after the old bag for diminished value and loss of use while the bike is in the shop. That should add another $1500 or so.

Some old bag coasted into the back of my 07 yamaha vstar 1300. Never said she was sorry or anything but she did say she was yapping on her cell phone and didn't realize she was moving forward slowly. Slight crease in the back fender. After admitting it to the local police over the phone, she had the gall to tell me it was my word against her's. Go figure. She kind of shut up about the denying it after I reminded her she just admitted it over the phone to the cops.

I stuck it to her. Cost about a grand to replace the fender and rear light, plus loss of use for the week in the shop at about $100/day plus about $1,200 for diminished value. Let me know if you need any info on who I used for the diminished value claim. Cost $100. They were good, fast and accurate. Took about half hour to fill out form and mail/fax to them with the estimate of repairs.

Good luck
Thanks but i got the check in 2 days after the adjuster ok everything . I had no idea i could get her for this , If there is a next time that will be the first thing i ask for .
 
Zork,

According to your earlier post you said you made a tidy $955 profit.

Isn't that enough? :huh:
It depends. I was hit by a daydreaming cager and spent a month in the hospital, two years in physical therapy and will have a lifetime of arthritis and pain. The guy that hit me was very sorry (acted that way anyway). I settled for his insurance even thought I could have gone after his house and his business. If he had been an asshole like this old biddie I would have gone after him for every penny he had. It's the only thing this type of person understands.

She needs an attitude adjustment.

 
Last edited by a moderator:
Come back and talk to us when every morning is an excercise in pain management and where long hot showers are the only way to loosen up (and get even a fraction of total range-of-motion). When your ability to ride is impacted as well as the things you used to do at work (and home) without a second thought. Where pain management is learning to increase your pain threshhold because any medication that really works could become addictive. Consider that lifting even a 20 pound PC (or motorcycle part) can result in days with neck and arm pain and that sleeping with a pillow is a thing of the past because flat-on-your-back is the only way to minimize the discomfort.

Yeah... diminished value on the bike is getting off cheaply. If she pays a little more this time maybe she'll have learned not to do it again and not end up killing someone later.

 
Last edited by a moderator:
I believe that the lady was a total asshat to Zork...and deserves what she got.

I also believe that if you are injured you should be fully compensated for your injuries...shortterm and longterm effects.

However, if someone just "taps" your bike, apologizes, and no significamt damage to you or your bike...I'm kind of the opinion that you get your bike restored...without sticking it to the other person...ie "profiting:.

However, after rereading the OP...I see that the offender did more than just "tap" the bike...and she was repeatedly trying to stick it to Zork...so I amend my previous post.

Just the whole "profiting from someone else's mistake" rubs me the wrong way for some reason...I hate that as much as I hate ambulance chasers...because it contributes to the higher cost of doing anything in our society...including healthcare, motorcycle insurance...blah blah blah.

So...never mind.

 
Now go after the old bag for diminished value and loss of use while the bike is in the shop. That should add another $1500 or so.

Some old bag coasted into the back of my 07 yamaha vstar 1300. Never said she was sorry or anything but she did say she was yapping on her cell phone and didn't realize she was moving forward slowly. Slight crease in the back fender. After admitting it to the local police over the phone, she had the gall to tell me it was my word against her's. Go figure. She kind of shut up about the denying it after I reminded her she just admitted it over the phone to the cops.

I stuck it to her. Cost about a grand to replace the fender and rear light, plus loss of use for the week in the shop at about $100/day plus about $1,200 for diminished value. Let me know if you need any info on who I used for the diminished value claim. Cost $100. They were good, fast and accurate. Took about half hour to fill out form and mail/fax to them with the estimate of repairs.

Good luck
Thanks but i got the check in 2 days after the adjuster ok everything . I had no idea i could get her for this , If there is a next time that will be the first thing i ask for .
 
Unless you signed a full release, you can still go after her for loss of use and diminished value. I know in my case, I had the bike repaired first and paid for with the other party's insurance and then did the loss of use and diminished value followup with the insurance co. try it, what do you have to lose?

 
...However, if someone just "taps" your bike, apologizes, and no significamt damage to you or your bike...I'm kind of the opinion that you get your bike restored...without sticking it to the other person...ie "profiting:....

...Just the whole "profiting from someone else's mistake" rubs me the wrong way for some reason...I hate that as much as I hate ambulance chasers...because it contributes to the higher cost of doing anything in our society...including healthcare, motorcycle insurance...blah blah blah.

So...never mind.
Don't dismiss yourself, Wheatie.

I'm with you on this.

Being honest and fair is not "letting them get away with it".

It's just fucking decency.

How does someone else being a slimeball justify me joining that club?

Zorkler, I hope it all works out FAIRLY for you.

 
...However, if someone just "taps" your bike, apologizes, and no significamt damage to you or your bike...I'm kind of the opinion that you get your bike restored...without sticking it to the other person...ie "profiting:....

...Just the whole "profiting from someone else's mistake" rubs me the wrong way for some reason...I hate that as much as I hate ambulance chasers...because it contributes to the higher cost of doing anything in our society...including healthcare, motorcycle insurance...blah blah blah.

So...never mind.
Don't dismiss yourself, Wheatie.

I'm with you on this.

Being honest and fair is not "letting them get away with it".

It's just fucking decency.

How does someone else being a slimeball justify me joining that club?

Zorkler, I hope it all works out FAIRLY for you.
Maybe being older, maybe having a few things happen over my lifetime. Karma is a real jealous lady. You ALWAYS get what you deserve when you do the averages of life.

I have always settled for fair no matter what, never tried to take someone to the cleaners because I was legally able.

All I can say is what goes around comes around. It might not be this time but fate and karma are very patient on payback! Do on to others......... and all that stuff.

 
I'm with WheatonFJR, OldMichael and LAF on this one! Karma goes a long way in life these days, and the payback could be a bitch. In the OP description of the accident, I was baffled by a number of things. Why didn't he blow his horn? Why is he so focused on the person being old? Does that make them a problem? Why did he quote $200, when he knew nothing about the actual repair cost? Why is he so thrilled about making a profit from an accident, when that contributes to high insurance rates for all of us. He should just be thankful it wasn't more serious, collect what is needed for the actual repairs, and call it a day.

Bob

 
Another thing to consider is all the time that gets wasted making phone calls, taking the bike to dealers, etc. Why shouldn't the compensation be greater than just the cost of parts and labor to cover all that personal time that's lost? I don't know about everyone else, but my time is extremely precious and if someone causes me to have to lose some of it due to their incompetance, then I'd like to bill them for it. More time on the phone with insurance adjusters is less time to enjoy the little free time that's available after other responsibilities.

 
I do not see anything wrong with having the party responsible for any accident pay ALL costs associated with that loss. And that goes beyond the actual cost of repairing the physical damage. Diminished value is a real loss. Would you buy a motorcycle that had been in even a modest accident for the same price you would pay for an identical bike that had never been in an accident? Of course not, unless you were a fool. Try and sell a bike and I guarantee the prospective buyer will ask about any accidents. Sure you can lie, but I wouldn't.

Loss of use? Why not? Shouldn't you be compensated for something while your bike is out of service, even if you do not NEED to ride it? Someone runs into your car and you don't think twice about having them pay for a rental car whether you really need it or not while your vehicle is being repaired. Why should it matter that you have a spare vehicle or not or could go without using that vehicle?

In most states you can't get compensated for the time you spend getting estimates, or other hassles of getting the car repaired, so that is just part of life. If you are injured, I think that getting compensated for legitimate pain/suffering/rehab is ok, if everyone acts truthfully. And unfortunately at times that is one big if.

But I do think that at times depending on how the responsible party acts toward you, cutting them some slack can be in order. All depends.

 
Top