Claim Question: Motorcycle V SUV, No Contact

[Josh]

About two hours ago I was coming around a corner and some (obviously in my eyes the "other *** driver") came around so tight I had to lay my bike down to avoid collision. I'm fine and I don't believe my bike took any major damage. The exhaust does have some gas coming out of it so I think the whole thing is flooded, but once that dries out everything should be just fine.

Fortunately in this situation it looks like the only thing wounded was my hopes that people would drive safely and likely the other drivers self-esteem for the day (I'm generally pretty laid back, but if you almost hit me on my bike you're instantly evil). That said, could there be a claim against the other driver despite there was no contact? I would imagine not. This was in Virginia, anyone have any thoughts on Virginia or any other states?

 

[Aram Fingal]

It depends... if they were for instance "out of their lane of traffic" and that was what caused you to have your collision (you collided with the road surface) then they could be held at fault. Same as if someone changed in to your lane and cut you off. It would be hard to prove though. It would be a lot easier to prove if the policy had been called and the driver issued a citation.

Keep in mind that my knowledge does not extend to the laws in your state though.

 

[djs]

Josh - I hope you are okay and the bike only has minor road rash.....

Somehow, I think you know the answer to your question already. Without contact, its hard to file a claim. With contact, it can hurt a LOT more.

Dan

 

[Josh]

Josh - I hope you are okay and the bike only has minor road rash.....

Somehow, I think you know the answer to your question already. Without contact, its hard to file a claim. With contact, it can hurt a LOT more.

Dan

Given the option of a no claim or a contact, I'll happily take the no claim. Looks like the bike and I both fared very well. The foot board managed to take pretty much all the damage and was only bent slightly. I think I can just bend it back pretty simply, but even replacing it wouldn't be a big deal.

 

[Insurance-Guy]

Given the option of a no claim or a contact, I'll happily take the no claim. Looks like the bike and I both fared very well. The foot board managed to take pretty much all the damage and was only bent slightly. I think I can just bend it back pretty simply, but even replacing it wouldn't be a big deal.

As another rider first off glad you are ok!

Did the other driver stop, give info or admit fault? If no it is going to be a tough claim...best case to as a not at fault which you would have to pay your collision deductible or possibly get it paid under hit and run which would be UM claim.

If you are ok and bike is pretty much ok other than remaining pissed off I don't think I would proceed with a claim. If you have the other persons info you can give it a shot to file a claim on their policy.

What do you ride? My 3rd child is my 2004 HD Screaming Eagle Deuce!

 

[Josh]

I did get the driver information. Her position was that I was speeding in the parking lot (which I wasn't), most likely because I was revving my engine before turning the corner so folks could hear me. She was getting ready to turn in to the other side which is why she probably dipped into my sided. She had two *** friends watching that swore up and down I was speeding. Even if I were, I fail to see how that would give her the right of way to be in my lane, but I clearly wasn't talking to someone reasonable because I also heard the "I had my kids in the car" argument. I like my 1996 Honda Shadow 1100 (first bike was a magna 700, much faster) and I'll admit physics wasn't my best class, but I don't know how my bike was any match for against a small SUV or how it would event do more than put a few dents in it. Going in the other direction, I don't see how I would be walking away from a collision with an SUV.

It's an interesting bond bike riders have. I didn't know anything about the wave before I got my first bike, but it's pretty cool to basically be high-fiving each other down the road. It's really a lot more than that.

What were your two bikes before this monster?

 

[djs]

Seriously, you were in a parking lot, not speeding (meaning under 5 miles an hour) and you had to lay the bike down?

I'll grant you, she didn't see you, proving both that she doesn't know whether you were speeding or not and that revving your engine is simply annoying, not beneficial.

Dan

 

[Josh]

Seriously, you were in a parking lot, not speeding (meaning under 5 miles an hour) and you had to lay the bike down?

I turned right hard to get out of the way. It's a cruiser so it's not overly nimble. I'm not sure if I had to, but when I saw an SUV in my lane I didn't think knew I was there I may have turned the bike a little too hard.


I revved the engine well before the turn and it's under a parking deck so it echoes.

 

[Insurance-Guy]

I did get the driver information. Her position was that I was speeding in the parking lot (which I wasn't), most likely because I was revving my engine before turning the corner so folks could hear me. She was getting ready to turn in to the other side which is why she probably dipped into my sided. She had two *** friends watching that swore up and down I was speeding. Even if I were, I fail to see how that would give her the right of way to be in my lane, but I clearly wasn't talking to someone reasonable because I also heard the "I had my kids in the car" argument. I like my 1996 Honda Shadow 1100 (first bike was a magna 700, much faster) and I'll admit physics wasn't my best class, but I don't know how my bike was any match for against a small SUV or how it would event do more than put a few dents in it. Going in the other direction, I don't see how I would be walking away from a collision with an SUV.

It's an interesting bond bike riders have. I didn't know anything about the wave before I got my first bike, but it's pretty cool to basically be high-fiving each other down the road. It's really a lot more than that.

What were your two bikes before this monster?

Josh-

The bike wave is a cool thing but those damn scooters get me some times!

Grew up riding dirt bikes then while younger and dumber went through the crotch rocket deal had a Suzuki rf600, a Honda and then my last one was a ninja. Settled down a little and got my SE Deuce 1550cc she is a load of fun but I don't ride near as much as I would like too.

Glad you walked away.