[JimmyK]

Tl44

Welcome to the forum. Let's use this thread to try and help you.

Re:

TL44
FNG

Registered: Aug 2002
Location: NY USA
Posts: 13
I ate it too the other day...an old timer came out from behind a truck that was parked illegally, right into my lane...i was going abut 35...couldnt avoid it..the bike(2002 road king)got pretty banged up...I was thrown from it into oncoming traffi...lucked out i didnt get ran over...i ended up wit a broken clavicle...very minor...somebody up there likes me..I just want to be sure there isnt any frame damage to the bike...can harley check for that , or do i need a 'specialist'....thanks

xxxxxxx


Ok first things first.

(1) Has it been established who was at fault?

(2) If the legal liability is on the cage driver, did he have insurance?

(3) If so, do you have the claim number?

(4) Have you talked to anyone about the claim?

Let's start there.

 

[JimmyK]

PS. Nothing offered on this site by myself or ANYONE else is considered LEGAL ADVICE.

 

[TL44]

it hasnt been established in writing yet..but he was at fault..he has insurance..I received notice from his insurance and there is a claim # on the letter...I called my insurance co. the day after the accident to let them know what ahppened..I have full ins. on the bike..I was checking the bike out again the other day. i cant tell if the frame was bent, but there is a deep gash in the frame just above the oil fill, above the dipstick, so I would imagine the impact was considerable. Thanks again Jimmy for taking the time....Chris

 

[DesertRat]

TL44,
I followed the advice of the last forum I was on and I'm glad I did. My son was hit and laid up for 6 mo. The driver that hit him got two tickets and her insurance co. tried to get off easy. My insurance wasn't much better. I took his bike to the dealer and told them to start on one end and work their way to the other and fix or replace anything that was even scratched. By the way, The other advice was to get a lawyer...I did.

 

[2DEUCE]

I would argue the frames structural integrity has been compromised if it has a gouge in it.

 

[JimmyK]

First things first TL.

Contact HIS Insurance Company and tell them you need a rental car while the bike is up. That will tell you quickly if they are accepting liability. Leave your Insurance out of it for now.

If the frame is gouged, you want a frame swap so make sure that is part of the estimate from the shop.

You have to contact his Insurance ASAP and start pushing. If they give you any flack, get a lawyer immediately.

 

[JimmyK]

By the way, keep ALL of your posts and questions in this thread. Don't start a new one. We will help ya man. That is what it is all about.

 

[JimmyK]

The most serious problem bikers have to deal with is the inevitable traffic accident. Approximately 70% of all multi-vehicle accidents involving a motorcycle are not the motorcyclist's fault. The following will help you protect your rights and answer the question: What should I do if I go down?
INFORMATION TO GET IMMEDIATELY

1. Witnesses: This is listed first for they will disappear the fastest (especially due to the public's fear of bikers). Try and get some sort of identification so they might be contacted later, i.e., name, address, phone number, license plate number, where they work, etc.

2. Other Driver: All traditional information is needed: name, address, phone number (at home and work), driver's license, make/model/color and license of the vehicle. In addition, a very helpful piece of information is the insurance carrier of the driver of the car. If this is not obtained and if the other driver does not respond to letters sent by your attorney, you will find that most states require long waiting periods before supplying the necessary information to pursue your case - that means recovery for your injury could be delayed.

One final thing. Listen to and memorize statements made by the other driver. These statements (also known as admissions) may be used as evidence in many jurisdictions. An example of this would be the driver of the left turning car saying, "I didn't see you". His statement could be used to prove the accident was his fault. NOTE: Remember, this also works in reverse. Anything you say can also be used against you.

POLICE REPORT

Although most of what is recorded in a police report cannot be used in court, it is a great negotiating tool. Keep in mind that most personal injury cases are settled rather than go to trial. A favorable police report can be instrumental in bringing you a quick and generous recovery for your injuries. As we all know, cops can be a mixed bag. However, (in an accident situation) I have found most police to be fair in their assessment of fault. This is especially true of the motorcycle cop.

INJURIES

This is not the time to show how macho you are. After the actual collision, take a few minutes to check yourself out. The initial shock may numb you as to how injured you really are. Remember, the human body is not made to be bounced off the ground. It is a good idea (and will aid in showing the validity of your case) to get checked out at the local emergency room (hospital) or by your own doctor. Be sure to explain all your pains to the doctor so he or she can make a complete evaluation and treat you appropriately for the injuries.

NO STATEMENTS

When you are contacted by the insurance company, (which is usually immediately - even right at your hospital bed) tell the adjuster you don't wish to give a statement at that time. Even if your statement seems favorable to you, the insurance company would have lots of time to pick out the flaws.

Keep in mind that the adjuster's job is to save the insurance company money and, therefore, any money offered as a "fair settlement" will usually only be fair to the insurance company.

CALL A PERSONAL INJURY ATTORNEY

The first 24 hours after an accident are crucial for your case. An immediate investigation should be started including photographs showing your injuries, the accident scene and the involved vehicles. Statements from witnesses and the other driver should be gotten as soon as possible. The police report should be requested and an inspection of the point of impact for skid marks and other material evidence should be made. You will notice that I advised you to call an attorney who specializes in personal injury. The law, as with medicine, is highly specialized, and you are entitled to be represented by an attorney who is best qualified to obtain a maximum recovery for your damages. A quick call to the attorney entitles you to the following services:

1) Protection from insurance company employees - the magic words are: "I am represented by counsel and don't wish to make a statement."

2) A "house call" if you are unable to go to the office.

3) Immediate investigation of your claim.

4) The possibility that your bike will be fixed prior to the settlement of your injuries and a rented vehicle while you wait.

5) The evaluation and protection of your legal rights.

 

[harleyhog]

Not to sure if that all applies here but Nice one JimmyK!!!

 

[TL44]

Unreal...I didnt expect this kind of response..Thank you all. Ive taken alot of the advice given here..as for the frame, Im going to push for a frame swap, I just hope they do it for me. Just hope I pick the right place for the work...Thanks again to all the help..ride safe

 

[Ralph]

I'm sure you have got all the best advice already,so all I'll say is GOOD LUCK!!! Don't let them get away with any thing. There are lawyers that are bikers out there,and know what to go after. Try one of them....Ralph

 

[JimmyK]

Unreal...I didnt expect this kind of response..Thank you all. Ive taken alot of the advice given here..as for the frame, Im going to push for a frame swap, I just hope they do it for me. Just hope I pick the right place for the work...Thanks again to all the help..ride safe

Again my friend, get the Insurance Company to accept liability first. Then get it into a HD Shop. They will do an estimate and trust me, it will be overkill.

Put all of YOUR initial observations, including the frame in writing. Give a copy to the shop and tell them to place it in the package.

The quote should be open ended with a comment that there is a strong possibility of suplemental damage.

DON'T DO ANYTHING TO THE BIKE UNTIL THE INSURANCE COMPANY ACCEPTS LIABILITY !

They will send someone to the shop to confirm the initial findings. MAKE THEM RENT YOU A CAR!

 

[TL44]

Ok..I got the estimate, and a frame swap was included..the problem is , how can I tell if they actually swap out the frame, and dont just weld a new tube on the original frame and just paint it. Maybe Im just paranoid, but Ive heard of some similar things happen in the harley shop..is there an ID # on the frame ?..is the VIN on there also?..how can I be SURE it is done...thanks for the help

 

[logical]

the VIN is on the frame

 

[TL44]

ok...stupid quest # 2...will the new frame have the same vin?...or will I be issued a new one..

 

[soon2own1]

dam i just saw this now. how are you making out? health wise and such?
good luck and stick it to em!

 

[JoeJitsu]

Great advice Jimmyk!!

My circumstances are very similar...I am also getting a new frame, the estimate is open ended because they may find further damage when they do the frame swap!
So far everything is going well -almost scary how smooth it is going.

It took the HD dealer a few days to do the initial estimate, now I am waiting for a response from the adjuster. Amazingly he told me outright that they will cover whatever the dealer asks for!! Now that was a shocker!
What can you expect -the cage driver was clearly at fault, she just cut right across traffic into my path!

 

[JFScheck]

The new frame will have a new VIN number and the VIN from the current frame will be "salvaged" meaning that it can be repaired, but can only be issued a "salvage" motor vehicle registration card to protect the purchaser of the frame.

Same as in Autos...

 

[VRodDrew]

Getting a fair shake when someone else is at fault..

JimmyK's done a pretty good job with his advice so far, but I thought I'd add on a couple of extra tips for those bikers who are unfortunate enough to end up on the wrong end of a bike-car accident:

1) If you are involved in an accident , NEVER refuse transport to the hospital unless you are absolutely certain you are completely uninjured. You need to have a medical checkup to determine that you have no "hidden damage" yourself. A concussion or other brain or nerve injury may not immediately be apparent. More than one biker has gone home after a crash, gone to sleep, and just died in his sleep as a result of internal injuries.

2) A secondary "benefit" of being taken to the hospital is that medical care (X-rays, ER services, etc.) serve as the basis for the personal injury claim you will be making against the other party. Without medical expenses you will have a lot tougher time proving pain and suffering, etc. They'll just fix your bike as cheap as they can and walk away. When I got rear-ended in my sportscar, all I got out of it was a new muffler and a crappy paint job(despite three months of a sore neck and $6,000 dollars in damage to my car)- which I ended up having to pay for as the insurance company called it "betterment" as the old muffler had 30,000 miles on it.

3) Get a lawyer. In most states lawyers work on a contingency basis, and only take a percentage of the eventual settlement. Don't think you can do better on your own - you can't. Some attorneys specialize in motorcycle accidents, but any competent personal injury lawyer will tell you if you have a case, and do the legwork as far as collecting evidence and running down the offending party's insurance information. One caveat - once you sign with a lawyer, it is difficult to switch - so choose carefully.

4) Don't worry about your bike. No matter how much you liked your bike, given enough time and money it can be fixed or replaced. If it needs a new frame - so be it. With P&S (Pain and suffering) settlements ranging from two to three times your medical expenses, a broken clavicle and a trip to the hospital very quickly adds up to a brand new Road King and riding leathers if you play your cards right. I don't want to encourage frivolous lawsuits - but if some idiot almost kills you they need a good lesson about the importance of watching out for other road users. It is far better to seek justice through the courts than any other means.

5) Sometimes the guilty party has limited or no insurance coverage. This happened to a friend of mine - he hit a guy who only had $25,000 in liability coverage, which was eaten up before he even got to the hospital. In his case he was on business, in which case Workmans Compensation picked up the medical costs. To avoid this, make sure you carry Uninsured/Underinsured coverage on your own bike.

 

[TL44]

Thanks for the frame info..as far as me, Im better then I was in the beginning, but i cant get back to work yet. Fractured my clavicle...i was lucky, I just missed getting ran over by oncoming traffic..And the helmet saved my cruller too..I'll always wear one. I received the estimate and after battling it out with MY insurance, I finally got the check...word of caution ...DO NOT get the Harley Davidson Insurance...Ive had nothing but problems so far. As far as an 'open end' estimate, I think they just estimate what they see, then after you get the check for the original amount, the dealer has to submit a supplement claim for any problems found in the swap as they break it down. I know they are going to find some rear end problems, and Im not looking for another bout for money from the insurance co. I figured Im paying for collision, so I might as well use it to fix the bike right away instead of waiting for 'the guy who hit me's' insurance to settle...hope it works out...will keep u all posted..