Advice needed – Involved in a collision

[nobbie48]

I can't see where the BMW is lily white. When you make a questionable turn around an obstacle you can't assume that just because you're past half way you can throw caution to the wind. I can see a 50/50 blame. BMW "Turn not in safety" and biker some misuse of lane charge.

The BMW "My friend says you're 100% at fault" crap is exactly that. BS and a bunch of other terms not permitted on the forum.

 

[PrivatePilot]

Have you further discussed the situation with the BMW guy before proceeding?

He needs to be informed that he's going to be 50% at fault and it's going to ding his insurance as well. If he suggests otherwise tell him to seek advice before assuming that, because he's wrong. He may have a change of heart on settling out of insurance at that point, if it's not already too late. If either of you have attended the reporting center or even called your insurance companies (even just ASKING about this situation to your insurance company will set off alarm bells) it's too late however.

All that said, fixing a BMW is going to cost 9 arms and 7 legs, especially if the guy is a dick and is going to want the work done at an inflated price BMW dealership, so insurance may be the way to go in the end, Unfortunately.

Hope you have success with the accident forgiveness - most insurers that offer it don't activate it on your policy until after a prescribed period of no-claims, so if you just changed insurance companies you may not be eligible for it yet. I have it with BelAirDirect on both of our vehicles, but it only activates after 7 claim free years & new customers are not eligible until after 7 years either.

 

[HarleyHare]

An impartial party would say:

• that the BMW - once it got past the stalled towtruck needed to move over 2 lanes in order to make the right turn at the intersection and he can further say (either honestly or dishonestly) you were a maniac coming out of no where so he never had the chance to see you and react (stop changing lanes) in time
• that the bike - because it could manage to get around the towtruck on the right took advantage of that and either intended to swing back (left) into the blocked lane to proceed onward, or was making a right hand turn at the intersection and was hit by the BMW

If the first is believed (and especially if a witness says the bike tore past the towtruck at an unreasonable speed) it would be a charge by the police and 100% the bike at fault. If there is a history on the police record of previous dangerous driving, they may even use that to book the same charge this time.

If the second is to be believed then the BMW is 100% at fault.

But seeing the way society is proceeding, unless there is an overwhelming convincing witness against one or the other, thre is reasonable doubt that either party was completely at fault so the fault will likely be ruled 50-50.

But that's just my best guess, remember OJ got away with it, so who knows until....

 

[LePhillou]

Honestly when there's an accident HOW MANY people have you seen use the shoulder to go around the accident, or a right turn lane (to the get back in the accidented lane)

The way i see it, you went around an obstruction just like other motorists had done ahead of you, you got back in the centre lane, and from the centre lane, the bimmer proceeded to 'CUT THROUGH 2 LANES' to make his right hand turn. At that point, you're going straight in your lane, and he is turning right, and from that right there, it doesn't make sense to me to say that the motorcyclist is 100% at fault.

 

[Krime]

Have you further discussed the situation with the BMW guy before proceeding?

He needs to be informed that he's going to be 50% at fault and it's going to ding his insurance as well. If he suggests otherwise tell him to seek advice before assuming that, because he's wrong. He may have a change of heart on settling out of insurance at that point, if it's not already too late. If either of you have attended the reporting center or even called your insurance companies (even just ASKING about this situation to your insurance company will set off alarm bells) it's too late however.

All that said, fixing a BMW is going to cost 9 arms and 7 legs, especially if the guy is a dick and is going to want the work done at an inflated price BMW dealership, so insurance may be the way to go in the end, Unfortunately.

Hope you have success with the accident forgiveness - most insurers that offer it don't activate it on your policy until after a prescribed period of no-claims, so if you just changed insurance companies you may not be eligible for it yet. I have it with BelAirDirect on both of our vehicles, but it only activates after 7 claim free years & new customers are not eligible until after 7 years either.

From the conversation I had with the BMW driver yesterday, he made it clear he would not settle unless all his damage was paid for by me. I'm sure he's using the I came flying out of nowhere case. In reality if this was the case, there's no way I would have been able to stop in time to sustain the little damage I did to myself and my bike.

UPDATE:
I just got back from the collision reporting centre and speaking with my insurance agent regarding the situation. I filled out a detailed statement at the collision reporting centre, stating the estimated travel speed (30km/h) with the estimated impact speed at 10km/h. The officer seemed reasonable and stated his guess would be 50/50 at fault. I included the contact details of the witness, who I've yet to speak with (I left a voicemail). I don't know which side she's on but I have a hunch it's likely the other driver, due to the fact that she was following him making the same move... and she'd mentioned she heard me accelerate (which implied I was accelerating fast). I'll see what she says if I can speak with her on the phone. The bike damage was estimated at $1000 by the cop, which is likely more but it's fine. Apparently the BMW driver had yet to visit the centre.

I called my agent and was informed that it sounds like he's 100% at fault as he made the right turn. He mentioned that if I do proceed with a claim I need to call that department and give the details. His advice was to wait to hear back from the BMW driver and his estimate, and then offer to settle this out of insurance by us each paying for our own damage – stating that I spoke with my insurance and they believe I'm not at fault. If he says no, I'll go through the claims department (which is what I'm anticipating).

Apparently at that point my motorcycle would be repaired even without the collision coverage, which is interesting. My agent also advised that if the witness doesn't support my case, it's probably better not to use her when going through the claim department.

I'll update again as this unfolds. Fortunate to have such helpful (last-minute) advice from this community.

 

[FLSTC]

You might not have collision coverage, but you are paying for the mandatory DCPD coverage which pays for damage to your bike if others are at fault (or the % at fault thereof). So good news if _your_ adjuster says the other party 100% at fault.

"My fairings are scratched, and the left turn signal was torn off in the collision." Maybe get a couple of quotes, take a payout from your insurance co (under the DCPD) and wait until the off season to get fixed? May have to do a temp fix on the signal.

 

[JZ67]

I wouldn't worry to greatly on the word of the witness - they usually aren't that precise with the details and I'm sure the damages will reflect what happened better than 'eye/ear' witness.

With respect to the actual accident - the bimmer driver is trying to intimidate you and is being a total ******. Let the insurance companies settle it, he clearly has no ability to take ownership or think objectively. At worst it is a 50/50 thing but being that he made an unsafe turn is weighing greater IMHO. At least you have the ability to see that you have a hand in what happened.

Not that it really matters, but at any point did the bimmer ****** ask if you were ok or did he go right to blaming you?

Good luck.

 

[kiwi]

Lots of advice from GTA members here.

Mine would be go through the insurance. Let the Insurance determine fault. I am expecting this to be assessed as 50/50. I havent read the whole thread but I believe neither of you have been charged by the Police? The fault determination is what the insurance companies will determine based on their rules. Make sure you describe everything as it happened, provide photos and follow up.
The *good* thing is that your insurance wont go up by a HTA Charge/conviciton, but most likely later for the motorcycle in regards to a claim. Your Automobile (car) insurance should still stay the same. Most companies I have had Motorcycle insurance with dont link the claim on a motorcycle to Automotive.

Good luck, and glad you're ok.

 

[Krime]

You might not have collision coverage, but you are paying for the mandatory DCPD coverage which pays for damage to your bike if others are at fault (or the % at fault thereof). So good news if _your_ adjuster says the other party 100% at fault.

"My fairings are scratched, and the left turn signal was torn off in the collision." Maybe get a couple of quotes, take a payout from your insurance co (under the DCPD) and wait until the off season to get fixed? May have to do a temp fix on the signal.

Good to know how it works. It would be great to get covered for the damages, but as it's an older bike (2004) I'd much prefer to leave it as is and fix it myself and not involve insurance, but if there's a claim anyways and it's 50/50 I guess I might as well take the payout from my company to get it fixed, as I don't think it would alter the rates anymore (if there's a payout with an at fault claim or just an at fault claim). If it's 100% at fault, I'd have to take care of it myself anyways.

I wouldn't worry to greatly on the word of the witness - they usually aren't that precise with the details and I'm sure the damages will reflect what happened better than 'eye/ear' witness.

With respect to the actual accident - the bimmer driver is trying to intimidate you and is being a total ******. Let the insurance companies settle it, he clearly has no ability to take ownership or think objectively. At worst it is a 50/50 thing but being that he made an unsafe turn is weighing greater IMHO. At least you have the ability to see that you have a hand in what happened.

Not that it really matters, but at any point did the bimmer ****** ask if you were ok or did he go right to blaming you?

Good luck.

He did ask at one point, although he seemed more frustrated by the inconvenience more than anything. For the most part he avoided me, spoke with the witness and took photos.

Lots of advice from GTA members here.

Mine would be go through the insurance. Let the Insurance determine fault. I am expecting this to be assessed as 50/50. I havent read the whole thread but I believe neither of you have been charged by the Police? The fault determination is what the insurance companies will determine based on their rules. Make sure you describe everything as it happened, provide photos and follow up.
The *good* thing is that your insurance wont go up by a HTA Charge/conviciton, but most likely later for the motorcycle in regards to a claim. Your Automobile (car) insurance should still stay the same. Most companies I have had Motorcycle insurance with dont link the claim on a motorcycle to Automotive.

Good luck, and glad you're ok.

Correct, there were no charges laid (at least for me) at the scene as no police officer was present, or at the CRC. Thanks for the well wishes. I'm just thrilled this didn't happen last week when I was travelling to New Hampshire with my 17 week pregnant wife on the back. Feel very fortunate.

 

[Riceburner]

He was a BMW driver. 'nuff said. lol

You are going thru ins. That's the best course in this case. I'd say he made a turn, into you going straight. BMW's fault.

 

[Krime]

Having a look at the photo I took looking eastbound, I'm realizing this picture is not very supportive of my case due to the placement of the debris. Before this photo was taken and after moving my bike to the side, I started picking up any large pieces of debris (thinking they may be part of the bike I'll need later to fix it – which turned out to be from the BMW), and then proceeded to swipe/kick the smaller debris more to the right so it was more to the side and out of the way from passing vehicles). Because of this, it looks like the accident happened further to the right than it did. He likely has a similar photo.

If it goes through a claim (which I'm imagining it will), is this photo worth submitting with an explanation, or better off leaving out? I did mention moving the debris aside in my written statement.

 

[Krime]

UPDATE:

The witness called and was great to speak with. Apparently she hadn't heard from the BMW driver aside from a text thanking her. I'd assumed otherwise considering he mentioned he had a witness during his bully tactics last night while placing full fault on me.

As I imagined, she didn't see the actual collision as she was behind the BMW but still next to the truck. She said she saw through the truck that another vehicle had gotten in the right lane (lane I was in) ahead of me as I had witnessed (she mentioned the SUV had hopped the curb to get in the lane although I didn't see that), and then shortly afterwards heard a motorcycle (me) accelerate while watching the BMW in front of her turn right. Because of this, she wasn't surprised when she saw (shortly afterwards) that a collision took place. She was just glad I was alright.

 

[Krime]

He was a BMW driver. 'nuff said. lol

You are going thru ins. That's the best course in this case. I'd say he made a turn, into you going straight. BMW's fault.

Lol, if only insurance saw it that way.

It does look likely we'll be going through insurance. The only thing I can see changing his mind is if the officer at the CRC mentions that he may be found 50/50 at fault. Then maybe he'll consider talking care of our damages on our own.

Based on how he's been up until this point, I would be shocked if he had a change of heart. I'm sure it'll end through insurance. We'll see.

 

[-D-]

I did not read your wall of text.
It seems by TLDR from others that you are not at fault.

Go file online small claims case to avoid your insurance rates going up.
Get quotes from at least 2 shops for damages and sue for that.
If you have a Dr. note for pain then toss that in too.

If you are really hurt then hitup the insurance to protect your best interest long terms.

Don't forget damage to ALL your stuff, phone, bags, helmet, jacket, GPS, etc...

let us know the results

ppl here will help you prep for your case assuming you are being honest and correct with the info.
good luck!

 

[PrivatePilot]

It's too late now to settle outside of insurance anyways, now that a collision report has been filed your insurance company will be aware regardless, will decide a fault percentage, and it's on your record - actual claim, or not.

 

[GateKeeper]

.....

I called my agent and was informed that it sounds like he's 100% at fault as he made the right turn. He mentioned that if I do proceed with a claim I need to call that department and give the details. His advice was to wait to hear back from the BMW driver and his estimate, and then offer to settle this out of insurance by us each paying for our own damage – stating that I spoke with my insurance and they believe I'm not at fault. If he says no, I'll go through the claims department (which is what I'm anticipating).

Apparently at that point my motorcycle would be repaired even without the collision coverage, which is interesting. My agent also advised that if the witness doesn't support my case, it's probably better not to use her when going through the claim department.

I'll update again as this unfolds. Fortunate to have such helpful (last-minute) advice from this community.

Sounds like you are in the clear, and you have nothing to worry about is the bimmer guy is at fault, plain and simple

Reminds me of the guy who backed into me last summer, he was found at fault 100 percent, I was cut a check to fix my bike, I only have liability, it's a 30 year old bike, and my rates have not been affected at all, the check came from my insurance company, they told me if they want to they will pursue after the other guys insurance company for reimbursement but probably not.

seems I missed the part that you were already back in the thru lane and going straight and bimmer guy decided to make a right from way over, which he can but he should have been paying more attention, and he actually crossed in front of you, if you stick to that and don't waver I don't see you being at fault at all, as for the witness, she is of no use, she did not see you, as she was too far back, in my accident my witness was 2 cars behind saw the whole thing, wasn't used as he works with me in the same building go figure, the guy who hit me his passenger was not used either, funny how insurance works sometimes....

you have called your insurance, you have no need to talk to the bimmer guy anymore, let him deal with this with his insurance company....even the guy who hit me I asked if he wanted to settle without insurance, he offered me less than half of what the insurance company awarded me......

best of luck

 

[Riceburner]

..... the check came from my insurance company, they told me if they want to they will pursue after the other guys insurance company for reimbursement but probably not.....

I was told by Ins. co. guy that they "balance" the books at the end of the fiscal year. Each co. pays their clients and if the amount owing from co. A is more then those of Co. B, they pay up.

 

[LePhillou]

Oh and with the money you get from insurance, GET A CAM. I'm pretty sure it would be obvious and i don't think you would have gotten higher than the speed limit from the back to the front of the truck so it wouldve been solid evidence to make him at fault 100

 

[Krime]

It's too late now to settle outside of insurance anyways, now that a collision report has been filed your insurance company will be aware regardless, will decide a fault percentage, and it's on your record - actual claim, or not.

This is interesting I was wondering about that. How and when would my insurance company be notified of the CRC report I submitted? How and when would I find out the judgement of fault?

I received some details including a case number for my own records, but didn't receive the actual statement and diagram I'd drawn. I was told they don't provide a copy of that page.

I was under the impression that this wasn't the case, but it does make sense, to who else would this record go to? They told me to call my insurance company as soon as they handed me the copy, which I did. I was under the impression that the investigation wouldn't begin between the two insurance companies (in which fault is determined) unless a claim was opened.

 

[PrivatePilot]

This is interesting I was wondering about that. How and when would my insurance company be notified of the CRC report I submitted? How and when would I find out the judgement of fault?

The fact you reported a collision is the determining factor - it'll go on your driving record which your insurance company will see, and even if you don't file a claim now they'll know about it anyways. If you're 0% at fault it makes no difference, but if the fault determination rules hold you even partly at fault it'll go on your insurance record as such.

Unfortunately I speak from experience – about 10 years ago my wife got into the tiniest little fender bender with somebody in a parking lot, perhaps a few hundred damage to the other vehicle and none to ours. I fully intended to just pay for the repairs myself on both vehicles however I made the mistake of even just calling my insurance company, telling them about it, and inquiring about the legality of just paying for things myself and not filing a claim. It was at that moment they told me that effectively since I had been in a collision and had told them...that it was on my record, claim, police report, or otherwise.

Needless to say I'm now very careful about what I choose to say (or not say) to my insurance company, despite never being in the situation ever again since.