Can I make a claim for single motorcycle / vehicle accident with liability insurance?

[trinibwooi]

I hit gravel in the middle of a bend that was washed on to the road from the rain I'm assuming. They put up a temporary sign that said " rough road 40km" but it was only a couple feet from the gravel in the bend and in a blind spot. The bend starts up hill the goes down so you don't see it until you start going down hill.

I only have liability insurance will the cover my bike? Or this this considered a act of god even though they put up signs because of the road condition.

The cop said that in his report that he's going to put that road conditions were crap. My friend told me when I left in the ambulance the cops called the city and they moved the sign up the road and clean the gravel off the road.

 

[Mean Machine]

No, I don't think you can make a claim.

 

[Dresden]

I hit gravel in the middle of a bend that was washed on to the road from the rain I'm assuming. They put up a temporary sign that said " rough road 40km" but it was only a couple feet from the gravel in the bend and in a blind spot. The bend starts up hill the goes down so you don't see it until you start going down hill.

I only have liability insurance will the cover my bike? Or this this considered a act of god even though they put up signs because of the road condition.

The cop said that in his report that he's going to put that road conditions were crap. My friend told me when I left in the ambulance the cops called the city and they moved the sign up the road and clean the gravel off the road.

I believe liability will only cover damage to anything/anyone else your accident caused damage to.

 

[youngrider]

yeah the way my insurance company explained it to me is liability is only insurance for other drivers/pedestrians incase you cause damage to them.

If you got into a car accident and it was the other persons fault THEIR insurance would cover your damages.

But if your bike is damaged and no ones responsible i think you're out of luck, its why I'm a bit scared of someone tipping over my bike or stealing it since I have liability only.

 

[WeatherB]

Like others have said, you can't claim it using liability. Also, I've been told that you can't blame the road for an accident which means even if you had collision coverage, it would still be 100% your fault.

 

[trinibwooi]

Like others have said, you can't claim it using liability. Also, I've been told that you can't blame the road for an accident which means even if you had collision coverage, it would still be 100% your fault.

Thats just upsetting especially when you faced with this.

 

[WeatherB]

Thats just upsetting especially when you faced with this.

View attachment 32399

Wow that's a lot of gravel!

I agree it's stupid... My dad slid on some ice many years ago and hit a light pole. Police came and gave him a careless driving ticket so I've seen this in action. Their logic was that you should have seen the ice and adjusted your speed accordingly.

 

[vkhamphi]

Wow that's a lot of gravel!

I agree it's stupid... My dad slid on some ice many years ago and hit a light pole. Police came and gave him a careless driving ticket so I've seen this in action. Their logic was that you should have seen the ice and adjusted your speed accordingly.

Bingo!

 

[GreyGhost]

It kicks you when you are down, but you really are at fault here. You can't always assume the road ahead is perfect, you need to ride at a speed that allows you to react to adverse conditions.

It's good to hear you are relatively ok, you are out of luck as far as insurance goes, you could try suing the Municipality for improper road maintenance or signage, but given that your damages are likely <$10,000, this would probably be a money losing proposition.

 

[trinibwooi]

I'm just waiting for the day that you can see black ice on the road. I could of avoided this if the sign was at the being of the bend or even better a sign that said "loose gravel". The placement of where they originally had the sign (in the picture) made me take my eyes off he road and as soon I look back I'm almost hitting gravel.

 

[Macs]

I'm just waiting for the day that you can see black ice on the road. I could of avoided this if the sign was at the being of the bend or even better a sign that said "loose gravel". The placement of where they originally had the sign (in the picture) made me take my eyes off he road and as soon I look back I'm almost hitting gravel.

Crashed my car Jan 2011 due to black ice on a downhill left turn. The cop that responded almost did the same thing, wrote all over the accident report that black ice was present and road conditions were bad. Still 100% at fault

 

[nikiter]

Sue the city/county that is responsible for not taking proper actions. Just a thought.

 

[trinibwooi]

Sue the city/county that is responsible for not taking proper actions. Just a thought.

Ya thats my logic and Everyone that stop to see and help. they all said i should sue and that the sign is too close to the gravel. Actually when the cop arrived the first thing he radio "I'm in a blind spot here" and he blocked the road right in front of the rough road sign.

I did get a hold of one law firm so far but they didn't understand and said I would have to go through insurance.

is there a by-law for how far signs need to be from a hazard?

 

[drumstyx]

Ya thats my logic and Everyone that stop to see and help. they all said i should sue and that the sign is too close to the gravel. Actually when the cop arrived the first thing he radio "I'm in a blind spot here" and he blocked the road right in front of the rough road sign.

I did get a hold of one law firm so far but they didn't understand and said I would have to go through insurance.

There should be a system in place for making claims against the city regarding potholes/road conditions. Look up [city/township name] pothole damage on google and you should come up with something. This is a situation where the city is liable, but not really a case for a lawsuit yet.

 

[taximan62]

Not to be a jerk but if that were me I think I would have noticed a patch of gravel that big ev en without the sign.

 

[nikiter]

Not to be a jerk but if that were me I think I would have noticed a patch of gravel that big ev en without the sign.

We really don't know how fast OP was going. Could be flying for all we know.

 

[vociferous]

Sue the city/county that is responsible for not taking proper actions. Just a thought.

when it comes to dangerous road conditions, the town is not responsible if they make a reasonable attempt to correct the danger.

when potholes cause damage, you have to show that the city was notified of the hazards, and was negligent in repairing it.

 

[jeffjones]

is there a by-law for how far signs need to be from a hazard?

Do you really think the city should put up signs for every road hazard on the road?
Pothole ahead...... Might be a bit of gravel on the road.....
Thats a good way to spend 10's of millions of tax money every year to have city workers driving around putting in and removing signs as road conditions change.
Should we get signs to put up for black ice as well since we cant see it?

In all honesty, you must have been going above the speed limit if you didn't notice the big sign and gravel across the whole road, in which case any lawsuit is thrown out the window.

 

[Dresden]

Sue the city/county that is responsible for not taking proper actions. Just a thought.

Ya thats my logic and Everyone that stop to see and help. they all said i should sue and that the sign is too close to the gravel. Actually when the cop arrived the first thing he radio "I'm in a blind spot here" and he blocked the road right in front of the rough road sign.

I did get a hold of one law firm so far but they didn't understand and said I would have to go through insurance.

is there a by-law for how far signs need to be from a hazard?

Years ago, a friend of mine in his souped up civic hit a huge unmarked pot hole on Glen Erin Drive in Mississauga. He filed a report with the city and screamed and yelled. They sent him a nice cheque for a replacement wheel.

I don't know how he did it. I saw the cheque and was there when he deposited it into his account, so I know it's not total BS.

 

[Scuba Steve]

Suing is ridiculous in my opinion the rain washed gravel on the road you crashed deal with it. Everything is not someone else fault you are the one who crashed and need to deal with it. Next people will be suing because the road was wet and the city didn't dry it for them.