I Became a Statistic Yesterday...

[gyges_1]

Before I go into details, let me first thank SFPD motorcycle officers Terry (#779) and Tim (forgot to get badge #). If you guys are somewhere on the BARF...my eternal thanks to you both for helping me out.

Yesterday, while driving my 04 RSV up Franklin (Nbound). I was hit by a female driver on her cellphone as she blew an unquestionably stale red at Golden Gate Ave. I entered the intersection in a middle lane of Franklin under green and I as entered the middle crossing lane of GG Ave, the car came into the intersection...I grabbed more brake than I ever have and was able to shave enough speed off (was barely doing 30) to make impact and have the bike laydown, rolling me off (rather than a highside).

Once the EMTs/Paramedics arrived I had (what I thought )was just a deep thigh bruise, some thigh rash and a really sore forearm (from squeezing the brake). After the adrenaline rush subsided when my tow arrived, I discovered some slight bleeding in my groin and went to my primary care physician soon after the tow left. Five stiches and 24 hours later, I'm in good spirits recognizing how lucky I was to walk away, I have gotten insurance involved and the bike is at Scuderia waiting for an estimate.

My question to Law Enforcement experts...or others that have had the same thing happen...Since I have an accident case #, eyewitnesses all confirm she was unquestionably at fault and I have engaged my Insurance (State Farm). When/If should I lawyer up for this ordeal?

I'm really not out for punitive $$$, even though the gal never even asked me "Are you okay?" All I want is paid medical bills, towing fees and a repaired or replaced bike. What do I need to do properly CYA in this ordeal? I've been reading through the BARF conducting due dilligence on my own. But if you guys have any thoughts particular to my scenario please let me know.

Thanks in advance,

[scottsf]

Get a lawyer, on contingent compensation.

Your insurance company has no incentive to recover anything above its costs (bike replacement/repairs, possible medicals depending on your coverage arrangements, etc.) Your case sounds strong; you should be compensated for your pain and suffering, any lost wages or compensation, any impairment adversely affecting potential future earnings, any continuing (permanent or not) disability arising from the shunt, any otherwise uncompensated related costs or expenses, and the like (and punitives, though you do not seem to want to seek such damages).

[Hoologan]

Sounds like you have this one in the bag. Good luck, and we're all glad you're okay.

I'm not the sue happy type, but I would be tempted to take advantage of punitive damages in a case like this just for her blatent disregard for driving responsibly. Make an example out of her so she thinks twice about picking up that cell phone next time it rings while driving. Might just save the next moto rider she encounters.

[Junkie]

is there a red light camera there? if it caught it, you would have an even stronger case.

[WinterSF]

I had a similar happen, but in my car, a lady in a x5 ran a red light. I had lots of witnesses and also went to emergency room from some bruising (nothing serioius). Insurance company will only recover what it needs, so I got a lawyer so I can recover my costs for medical, rental car and chiro for a few months. The lawer takes a portion of what you get, and in your case the accident is in yoru favor. make sure you keep all your receipts, and write down anything, also if you can get a hold of your accident report it can help. Good luck, and glad to hear you are not sirously hurt.

[zpyro]

I had lots of witnesses for my accident where a guy pulled out and smacked me, and they're STILL claiming I'm half at fault. I wouldn't put it past them to claim that you're half at fault simply because you didn't stay out of her way :rolleyes:

[gyges_1]

Originally posted by zpyro
I had lots of witnesses for my accident where a guy pulled out and smacked me, and they're STILL claiming I'm half at fault. I wouldn't put it past them to claim that you're half at fault simply because you didn't stay out of her way :rolleyes:

August wreck? Bummer dude, glad you're still with us as well...Did you persue litigation with an attorney?

[gyges_1]

Originally posted by WinterSF
I had a similar happen, but in my car, a lady in a x5 ran a red light. I had lots of witnesses and also went to emergency room from some bruising (nothing serioius). Insurance company will only recover what it needs, so I got a lawyer so I can recover my costs for medical, rental car and chiro for a few months. The lawer takes a portion of what you get, and in your case the accident is in yoru favor. make sure you keep all your receipts, and write down anything, also if you can get a hold of your accident report it can help. Good luck, and glad to hear you are not sirously hurt.

And how did things turn out for you?

[saizai]

Originally posted by WinterSF
I had a similar happen, but in my car, a lady in a x5 ran a red light. I had lots of witnesses and also went to emergency room from some bruising (nothing serioius). Insurance company will only recover what it needs, so I got a lawyer so I can recover my costs for medical, rental car and chiro for a few months. The lawer takes a portion of what you get, and in your case the accident is in yoru favor. make sure you keep all your receipts, and write down anything, also if you can get a hold of your accident report it can help. Good luck, and glad to hear you are not sirously hurt.

How much of a cut did your lawyer take?

[SoarAndEnvision]

I would defnitely get a lawyer and file a law suit - there is a 99% chance that this case will never see a day in court and she'll settle out of court for your expenses, etc.

[zpyro]

Originally posted by gyges_1
August wreck? Bummer dude, glad you're still with us as well...Did you persue litigation with an attorney?

yep august 31st. Last I heard from my atty, they had their own investigator check it out after the insurance co. had an investigator say that I'm half at fault, and that witnesses are changing their stories and saying I'm at fault. Correct me if I'm wrong, isn't a witness' statement supposed to convey FACTS, and not OPINIONS? It pisses me off to no end that these retards who first told the responding officer that the guy wasn't looking and pulled out and hit me, not an hour after the accident, are now saying that I was "riding the inside lane" and "should have seen the truck.":mad I did see the goddamned truck, from halfway down the street and the driver looking the opposite direction up until he hit me, STILL looking the opposite direction. I haven't heard back from the atty on what their investigator said. I'm going to break something if he somehow still finds me at fault.

[WinterSF]

It was about 3 years ago so I don't remeber the exact numbers. The lawyer took about 1/3, the damages to the car were $12,000, and in cash I got $4000, on top of medical bill. So I guess the sum was big enough, also I didn't have to go to court, the lady settled. Funny thing was the lady that hit me was claiming it was my fault, but 10witnesses on police report said otherwise, so it was no brainer. Good luck with your case

[zpyro]

Can any LEOs shed some light on witness statements in police reports? Like, can the witnesses later change their stories to include personal opinions on who was to blame, or would their statements in the report be the proof used in the lawsuit, should it come to that?

[mnb]

Any court ruling on the case isn't going to put much weight in witness opinions. They're more interested in facts, ie what was observed. No one but the judge (or jury) decides WHO was at fault.

Witnesses changing their minds are likely to be discounted entirely due to unreliable testimony.

I wouldn't lawyer up unless you're going to go for punitive damages, since their lawyer will eat into your monetary reward.

Personally, I'd go for punitive. She didn't even show concern re: your injuries? Cell phone rappin, no concern for the repercussions of her lack of responsibility beyotch needs to go down.

If the witnesses can corroborate that you had the green and she had the red, you're golden. Anything else is just icing on the cake.

[rritterson]

I went through something similar. If I were you, I'd make the request for damages to the other insurance company and see what they say. They might pay out to avoid further hassle, but probably not.

Then find an attorney. Once they say no, you can't convince them otherwise without help.

[zimi...]

Originally posted by 1FastF4i

...I would be tempted to take advantage of punitive damages in a case like this just for her blatent disregard for driving responsibly. Make an example out of her so she thinks twice about picking up that cell phone next time it rings while driving. Might just save the next moto rider she encounters.


^what he said.

you're lucky you weren't seriously injured or killed!

in this instance, take advantage of what's rightfully yours and make an exmaple of her irresponsibilty!

keep us posted.

[rritterson]

afaik, liability insurance doesn't cover punitive damages, so you will have to go after her assets. Unless she is wealthy, forget it

[wsmc831]

Sue her for everything she's worth! It's the american way, don't ya know.

[Psychochik]

Originally posted by scottsf
Get a lawyer, on contingent compensation.

Your insurance company has no incentive to recover anything above its costs (bike replacement/repairs, possible medicals depending on your coverage arrangements, etc.) Your case sounds strong; you should be compensated for your pain and suffering, any lost wages or compensation, any impairment adversely affecting potential future earnings, any continuing (permanent or not) disability arising from the shunt, any otherwise uncompensated related costs or expenses, and the like (and punitives, though you do not seem to want to seek such damages).

Any decent insurance company has lawyers and will fight for whatever they can for their insured. Even a small company like the one I work for fights for its clients.

They may not have "incentive" but they sure as shit have a moral obligation to do something in a case like this.

Dont lawyer up until after youve spoken to your insurance company and they tell you they wont fight for you. If youre gonna go civil then you need a lawyer, if not, then your insurance company will take care of just about everything for you.

[zpyro]

As for my case, my atty said their investigator has some good witnesses and as soon as my dr says I'm all done then they're going to send the insurance co. a demand letter. If they still don't budge, then we'll sue them.

[gyges_1]

Hey Guys,

I just wanted to say a thank you to everyone for their insight. I think in terms of this subject specifically being able to search BARF and have AS MANY solid threads to leverage is a big plus.
:applause

My reasons for resurrecting this thread are twofold...

1.) An Update...I'm fully healed up, got my insurance to payout on the bike as it was a total loss and got an 04 Factory now!!! :teeth. However they said they do not assist in fund recovery outside of their coverages (as some mentioned). I had the other insurance company investigator try and contact me, but I referred them to my attorney, so things are moving...albeit slowly.

2.) A Question... I have put in MULTIPLE requests for the SFPD accident report (via mail and in-person dropoff at the Hall of Justice). The accident was Jan. 5th and to date, none of my own requests, lawyers requests OR my insurers requests for a copy of the report have been filled via a returned copy. Has anyone seen delays like this in receiving their accident reports? We're talking coming up on two months now and NO report!

Whats odd is that the chicks insurance contacted me but she never got my info, so her insurance must've somehow gotten the report already in order to contact me. I can't proceed on my end with any of my claims without that report. The SFPD hotline says
SEVEN to TEN Days to have thing turned around!

I'm lucky in that my injuries were minor in the grand scheme. I could8n't imagine if someone needed that report badly as their medical bills pile up from the same sort of accident. Someone else is clearly at fault and yet lax ADMINISTRATIVE turnaround is what could potentially bankrupt and/or put your health at risk.

[silversvs]

Contact a supervisor and explain what is going on. Two months is way too long for a simple minor injury collsion report to be available.

[gyges_1]

Originally posted by silversvs
Contact a supervisor and explain what is going on. Two months is way too long for a simple minor injury collsion report to be available.

Fair enough...anyone know how to go about this ^.
I have no idea what my recourse would be to get a supervisor.

[masameet]

Did the SF LEOs give you one of their business cards? If not, look for a supervisor at SFPD's Northern Station (http://www.sfgov.org/site/police_index.asp?id=19968), as I think, but am not sure, that's where the officers who responded to your accident work out of. Or if you live in the City, go to the nearest neighborhood police station near you and speak to a supervisor there. The reference link also has links to the neighborhood police stations.

[The Raizuli]

Where you are, you could ask for the keys to her house and it's not likely you'd be refused. As it is, I'd ask for the keys to every vehicle she owns. Consign her to public transit. If she wants to talk on the phone, let her do it on the bus.

[mabbott]

I guess I am very lucky! I had an accident where the other vehicle was clearly at fault. I was able to get my case settled without a lawyer for the maximum the insurance covered. I was not looking to take everything this kid had, but then this kid was very apologetic and I didn't want to ruin his life for a mistake. But, that is just me.

[gyges_1]

Originally posted by mabbott
I guess I am very lucky! I had an accident where the other vehicle was clearly at fault. I was able to get my case settled without a lawyer for the maximum the insurance covered. I was not looking to take everything this kid had, but then this kid was very apologetic and I didn't want to ruin his life for a mistake. But, that is just me.

Good for you, glad you are okay. And admittedly I'm feeling the same way, a twenty-five year old girl and I'm not out to ruin her life.

But seriously...F- that!. She was on her cellphone, blew a SERIOUSLY stale red light, and a very different scenario could've played out where I am no longer here! She offered no apology, not even an "are you okay" without admitting fault, she didn't offer up her credit card to tow my bike, no ride to doctors office...NOT even her insurance info to help expedite things...Instead she holed up in her car GABBING ON THE CELLPHONE to her MOMMY!

IMHO, that deserves a bit of retribution.

And BTW...I went back to the Hall of Justice, gave the lady behind the counter in RM 475 the "May I speak to a supervisor regarding my unsent report" line, and sure enough...she takes my license, 2 minutes later...a nice printout of my report. Which just happens to backup every one of my claims about the accident. There is even a quote from the girl "I just ran the light".

Stay tuned.

[silversvs]

Originally posted by gyges_1
...I went back to the Hall of Justice, gave the lady behind the counter in RM 475 the "May I speak to a supervisor regarding my unsent report" line, and sure enough...she takes my license, 2 minutes later...a nice printout of my report.

Good job.

[mabbott]

Originally posted by gyges_1

I'm really not out for punitive $$$, even though the gal never even asked me "Are you okay?" All I want is paid medical bills, towing fees and a repaired or replaced bike. What do I need to do properly CYA in this ordeal? I've been reading through the BARF conducting due dilligence on my own. But if you guys have any thoughts particular to my scenario please let me know.

Thanks in advance,

This is what I read. Did you ask her for her insurance information? I had the name and insurance of the person that was responsible. I contacted his insurance and they were very helpful. They paid for the tow, paid for my bike, paid me for what amounted to a rental car for two weeks and maxed out the payout for personal injury. If I wanted more money than that I would have had to sue. The amount they gave me paid for the medical and gave me some money as well. I didn't want to sue and I was satisfied with the amount that I was left with. What were the limits on personal injury?

[tuxumino]

Was she sited for running the red light?

[gyges_1]

Originally posted by tuxumino
Was she sited for running the red light?

No!!! Sh!tty huh? What does that mean to me?

[silversvs]

Many officers will not cite when there is a collison involved. The driver at fault is going to get a point for being the at fault driver in a collision. If the officer cites for the primary collision factor as well, the at fault driver then gets two points. Sometimes a driver may merit the two point bang, but we generally don't do that to them.

[tucker]

:Popcorn

[gyges_1]

Originally posted by silversvs
Many officers will not cite when there is a collison involved. The driver at fault is going to get a point for being the at fault driver in a collision. If the officer cites for the primary collision factor as well, the at fault driver then gets two points. Sometimes a driver may merit the two point bang, but we generally don't do that to them.

Understood. So from my point of view her not being cited doesn't really change things at all. So long as the report reflects she is at fault, that's all I need be concerned with, from my "CYA perspective".