[sv650ruffrider]

It's Been A Month And I'm Just Able To Talk About My "accident". I've Only Been Riding For 4 Months And Took My Bike Out With My Boyfriend For A Day Of Riding Once The Weather Broke. Rode From Dc To Baltimore With No Problems. Took The Corners Nice. Kept Up With The Flow Of Traffic. Nice! Until ---

My Bike Stalled Right Around The Corner From The Garage Where We Were Getting Ready To Put The Bikes Up. Okay. The First Thing I Did Was Looked Behind Me To See If I Needed To Jump Off The Bike Or Not. My Boyfriend Was Behind Me The Whole Ride But When My Stalled He Went Around Me To Wait For Me At The Light. There Were Absolutely No Cars Behind Me. I Still Had My Lights On. It Was 10pm But There Were Stores Around So It Wasn't Pitch Black Outside. So I Kick The Bike Back In First To Try To Get It Started. It Wasn't Doing Anything. (i Think I Ran Out Of Gas.) So I Was Looking At The Gas Station At The Corner And Preparing Myself To Have To Push My Baby To The Pump - When Out Of Freaking No Where This 4-door Suzuki Esteem Ran Into The Back Of My 650!!!! I Was Thrown In The Air And Onto The Grass. This 18-year Old Fool With His Two Young Friends In The Car Gets Out "you Just Stopped! You Just Stopped!" Which Was A Daggone Lie!!! (he Later Told My Insurance Company That He Saw Me 30-40 Feet Away). His Airbags Deployed And His Car Had To Get Towed From The Scene Because His Front Was Gone. Meanwhile, My 2004 Suzuki Sv 650 Purchased Only In October - Paid For In Cash - Was Laying On The Ground With The Back Tore Up...the Wheel Was Torn Off And The Rim Was Actually Broke In Three Pieces! The Paramedics Said They Had Never Seen Anything Like That And Have Someone Survive. My Baby Was Totalled!!! This Boy Calls His Parents And They Come To The Scene Talking About The Lights On The Back Of My Bike Were Illegal So It Was My Fault Their Idiot Son Hit Me! I'm On The Ground Bruised Up... Back Hurting, Neck Hurting, Legs Hurting, Arm, Shoulders - And His Parents Are Talking About Freaking Liability!!! I'm Much Better Today And Just Purchased A Brand New 2005 Sv650 - With My Own Money Because His Insurance Company Denied My Claim Saying I "stopped Suddenly" - Which Is A Lie. Meanwhile, Before I Can Even Open My Eyes The Next Morning, My Insurance Company Is Calling Telling Me His Parents Is Trying To File A Claim Against Me! She Suggested I Get A Lawyer. So We're Going To Court And I'm Going To Make That Fool Pay!!!!!! It Was A Freaking Three Lane Street! You See My Lights On - I'm Not Moving - My Boyfriend Is Ahead Of Me On His Bike With His Lights On And You Still Plow Into Me?!!! I Guess I Should Give Him Some Credit Because At The Last Millisecond He Turned His Car - Which Was Why I'm Still Alive And Not Underneath His Car

I Look At The Pictures Of My Baby And It Literally Hurts Me God Rest His Frame And His $13,000 Worth Of Damages. The Engine Is Still Good Though With Only 200 Miles On It. So The Whole Bike Is On Ebay Now.

 

[Clint]

I think that you'd have an easy case for a lawyer. What a rotten deal. The worst part is that the parents refused to teach their child accountability. That chaps my hide bigtime.

BTW, what's with all the capitalized letters? Are you German? Even they don't use 'em that much!

 

[Hunter]

Where is the link? I hope you are ok. I would sue him.

 

[sv650ruffrider]

I gotta learn how to do all the links and stuff. But if you look on Ebay it's item 4550271781. They don't really show how bad it was. I have more. I just need to figure out how to post them here.

Sorry about the all caps I was just getting pissed all over again. My bad.

And hopefully this is an easy case. I didn't think we would have to go to court once they figured he hit me in the back. Isn't it automatically the driver's fault who plowed into me - especially since I DIDN'T stop suddenly? I thought it was open and shut but STATE FARM didn't think so. Oh yeah, we're going to court. And when the jury pities me and I get my $2million settlement, I'll be laughing all the way to the freaking bank!

 

[sv650ruffrider]

Oh his parents were the WORST piece of garbage I have ever seen. After the initial shock wore off and me trying to calm my boyfriend down who was going to kill this kid, I fell to the ground because my leg gave out. His mother called me a B*(@$ and told me I was faking for the paramedics. Do you know I was walking like Frankenstein for a whole month. Painful physical therphy bending, poking, prodding, squeezing, massaging, pulling? And I couldn't wear my 4" heels for a WHOLE month! But I was faking - yeah, right.

 

[Hunter]

poking, prodding, squeezing, massaging, pulling? And I couldn't wear my 4" heels for a WHOLE month!

Wow, I could get to like that. You really need to post some pics ;-). Yes, the leg humping begins. I had to say that before someone else does

 

[St0nkingByte]

You have to call the police anytime you are involved in an accident that involves significant damage/tow trucks/injuries/totaled vehicles. You have to get them to come and write someone a ticket for failure to yeild, driving too fast for the conditions, whatever. I don't care if I have to wait two hours nobody is moving until the police come and if the other guy won't wait then he's hit and run/leaving the scene of the accident and is surely in a world of hurt.

 

[sv650ruffrider]

Oh no! I waited for the police. I shooed the ambulance away just so that fool wouldn't try to lie and my baby drove me to the emergency room right after. The police came on the scene and took the report. My boyfriend asked if he was giving the idiot a ticket and the officer said "no". That that's not the way HE works. HE only gives tickets when he was seen a particular accident - that's just the way HE does things. Everyone was asking if idiot got a ticket but the answer is no - no tickets were issued. Maybe I should sue him, too

 

[Clint]

Your baby has a driver's license?! I was impressed that mine's growing teeth! ;-)

 

[Nexus242]

99.999% of the time if your rear ended the driver hitting you is at fault. If you slam on your brakes to avoid hitting something in front of you and the driver behind you runs into you it's still his fault for careless driving, failure to yeild and even tail gating. The kids parents are full of **** and their insurance company is going to pay for all your expense including any medical problems.

And I know this after being rear endend twice in 90 days after moving to Orlando 2 years ago. The two insurance companies paid for both repairs which came to nearly $4.5k each time, 2 rental cars for close to 2 months ($2k), Medical and rehab treatment for 9-12 months ($8-10k), all medications and I still got at least another $8k out each of them thru seperate lawsuits my lawyer filed.

Oh they will pay, trust me they will pay......

 

[mr_resistible]

His mother called me a B*(@$ and told me I was faking for the paramedics.

Wow that just makes me sheechless....

You get hit by a car!!!!.....

I can't even finish my sentance. Glad your ok. You had someone looking over you that night. Thats for sure. Take care, and be safe.

 

[St0nkingByte]

Oh no! I waited for the police. I shooed the ambulance away just so that fool wouldn't try to lie and my baby drove me to the emergency room right after. The police came on the scene and took the report. My boyfriend asked if he was giving the idiot a ticket and the officer said "no". That that's not the way HE works. HE only gives tickets when he was seen a particular accident - that's just the way HE does things. Everyone was asking if idiot got a ticket but the answer is no - no tickets were issued. Maybe I should sue him, too

What the heck, no ticket?? Does he only hunt down murders if he's sees the person get killed?

 

[Nexus242]

Well I hope you have gone to a doctor to have youself checked out anyway. Soft tissue trama has a nasty habit of showing up long after you get injured. I have a 8% impairment rating in my neck and YES a 2 full years after the first hit on March 21, 2003 (#2 was July 9th, 2003) I still have spasum in my neck you can't believe. I've had one knotted up above my right shoulder blade since yesterday and I don't see it relaxing anytime soon. See a doc and yeah get a lawyer and protect youself.

 

[advr4]

did you have the stock brake light? if so, when you go to court, make sure you bring in any pieces of it that show the d.o.t. number on them, that will help your side of the case.

anyway, i am glad you are alive, and i hope all goes well for you in court.

 

[mr_resistible]

The first thing I did to my bike before I rode it at night was install a Back Off brake light flasher. I'm prety confident about not running into things in the road. But I'm not that confident about things in the road running into me.

 

[inspiron]

I have to agree with the majority here ...

1) He rear-ended you, so he is at fault. It doesn't matter if you were stopped previously or just hit the brakes when he was following. He has the responsibility to watch the street in front of him, and to maintain a safe distance to any traffic or obstacles. If he fails to do this (which he obviously did), he is at fault.

2) Don't take any sh!t from the insurance companies - they are doing what they do best - trying to pay out as little as possible. Get yourself a good attorney, and threaten them with a court case. Most insurance companies will start to cooperate when they get letters from a lawyer - they will usually try to settle before the court date.

3) Make sure that you have a reputable doctor write an attest to the extent of your injuries, and verify that these were caused by the front end of the truck.

Most important - keep your emotions under control. If you start freaking out and screaming at the idiot or his family, you lose credibility. Keep yourself under control, and let your attorney do the talking.

You are lucky to be alive - keep this in mind and enjoy life!

 

[timSZ]

Hey ruffrider, glad you're okay! Sorry to hear the news about the bike.

I agree with the others about the person who hit you being responsible and I think you'd have an easy time in court with this one.

 

[themeatmanlandry]

First: Thank God you weren't killed or maimed. <phew> (let that sink in . . .)

Now: I don't care if you're bike is parked in the lane broken down, the driver that slams into the other vehicle from the rear, side, top, etc. is ALWAYS at fault. The only way I could see the judge ruling it no-fault is if, say your bike was parked on the other side of a hill on a road with a speed limit set at a decent clip. Maybe (maybe) then I might see the judge saying, "Look this was unavoidable, no fault to be found." Even then, he might blame the ownber of the break-down car for not moving it . . . but that's not the case here, I suspect. The zit-farm should have maintained proper lookout. Period.

Get a lawyer. See the doctor that he/she recommends.

As for the cop . . . I had a guy cross a solid white line in a "Right Lane Must Turn Right," and smash up my truck. The ignorant rent-a that came there said it was "up to her as to whether or not to write a ticket." I don't think you can sue someone for stupidity.

I'm not the 'sue 'em good' type, but in this case (bearing in mind all of the inconvenience and harrassment you've had to go through for running out of gas when an idiot's coming) I'd sue for BIG BUCKS. If that bothers you, donate part of your settlement to a good charity.

 

[finch20th]

frrom the sounds of what is going on here he is at fault 90% because he was behind you... now i know i'm going to hear something for saying that... now no matter what it is 10% your fault no matter if you were even in the car/bike etc....... so he is at fault.... by illegal tail light what do you mean???? how fast did they think he was going??? Did they give him a breath alyzer???? or Drug test for other drugs???? you could tecnically get him for inatentive driving/ driving to fast for conditions if he was speeding.... if you are telling the truth i would counter sue and fast plus show doctor bills and other loss of pay etc...

 

[themeatmanlandry]

now i know i'm going to hear something for saying that... now no matter what it is 10% your fault no matter if you were even in the car/bike etc

I'll speak up. How's it 10% her fault? Did you use science to get that #? :-D

So, if I stop in the street to avoid plowing into two other cars that have already had a collision . . . I'm 10% at fault if some idiot plows into the rear of my car?

I don't knwo how it is in other states, but in TN, if you hit a car from the rear, it's your fault. Like I said earlier: if you hit a car from the side, top, whatever . . . it's your fault.

If you strike a fixed object (i.e. a car stopped) you are at fault.

[EDIT: In fact . . . if you are following me and I SLAM the brakes on as HARD as I can . . . and the guy behind me hits me . . . guess what? His fault. Following too closely. Drivers have every right to stop their vehicle for any number of reasons.]