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Hit By A Yukon on 880

Moved out of Crash Analysis since analyzing the crash doesn't seem to be your intention.
 
Aluisious said:
I hope that next time you'll carry more than liability insurance. You can't expect that everyone else will pick up the tab, because plenty of people are dead beats.
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It doesn't guarantee it, but your chances of her having money is not zero.
 
Incarnadine said:
I hope I posted this under the right subject...

I was splitting lanes on the 880 (perfectly legal) when a stupid Yukon decides to try and make the Montague exit at the last minute! She changes lanes without looking and launches me off my bike and pretty much turned me into a pinball making me ricochet off the back windshield of another car and then finally hitting the floor. I was out cold for a few minutes, but when I woke up I was so damn happy that I was wearing all my gear, but the next part of this story is where I could use some help.
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Sorry to hear about your accident, glad you're all healed.

First, it's not a matter of legal or illegal. I think it's just allowed. But I think a lot of riders have taken lane splitting a bit too far - that is too fast and all over the place. Not saying that it was your fault, which was also proved by the police record.

But this is one reason why I don't lane share on the right lanes... way too risky, especially with people going on and off the freeway.

When she went into your lane, that means there was an empty space almost next to you, which is a big no-no sign for me. That's the time that I would wait. I feel safer to go between 2 cars that are next to each other.

Second, there are plenty of people who don't really know how to drive out there. Given this, I try to avoid to confuse them as much as possible; that is also why I only share the lane between 1 and 2.

It's hard enough to try to have them see us, realize that we're there too, now you want to confuse them by having them to pay attention to the other in between lanes? Not wise. :)

Not to mention, what would happen if there are 2 riders 'splitting' on both sides of a car? That's a very tight space to deal with to some of them (those in SUV's and bigger cars).

Imagine if you were in a car, one bike came by on your right, caught you off guard, you swerved a bit to the left not realizing there was another bike trying to go through to your left.

Base on the variety of people's driving and riding skills, I don't even need to tell you what the result could be.

ontherearwheel said:
Anyone who rides on the street needs to have Uninsured motorist and Underinsured motorist.

And get the most coverage you can. Its funny people want cheap insurance and when they need the insurance realize they don't have enough coverage, but you got cheap insurance.
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Unfortunately, a lot get away for not having it. The need is just not enforced enough.

Good point on the cheap insurance... or cheap anything for that matter. We forego quality just to save a bit, which at times would end up costing us more. A simple logic... that's unfortunately not taught as much as before anymore.
 
Bear_San said:
I think you should avoid splitting close to off/onramps. People make split second decisions about where the want to go all the time, getting off the freeway in traffic is pretty common. Being somewhere else means this situation wouldn't have happened like it did.
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You must not ride on the freeway. There's an exit every mile or so. That means NO splitting. Psychobitches in HUGE SUVs with no insurance are going to be near impossible to avoid, regardless of exit ramps.
 
Small claims sounds like a viable option. I believe you can sue for up to 7.5K. But as others have said, collecting is another matter. But I wouldn't give up on that. There are ways to do it.
 
Incarnadine said:
I hope I posted this under the right subject...

I was splitting lanes on the 880 (perfectly legal) when a stupid Yukon decides to try and make the Montague exit at the last minute! She changes lanes without looking and launches me off my bike and pretty much turned me into a pinball making me ricochet off the back windshield of another car and then finally hitting the floor. I was out cold for a few minutes, but when I woke up I was so damn happy that I was wearing all my gear, but the next part of this story is where I could use some help.

The girl who hit me was in the process of renewing her insurance when she hit me. So when I called her insurance company they told me that she was not insured at the time so they could not help me. I only have liability so my insurance company told me that they could do nothing about the situation either. I talked to a "Personal Injury Lawyer" and she told me since I did not go to the hospital and have no hospital bills that she could not represent me in court since there is no proof of my injuries. This accident happened about 2months ago so my wounds are 100% healed.

The bottom line is I just want the money to fix my bike. The huge Yukon totaled my bike and since I can't claim personal injuries and this girl has no insurance I don't know what to do next. Any help would be greatly appreciated! Thank you so much for reading.
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I am alittle confused here. You said you were splitting lanes which is not legal but illegal, sharing lanes is a grey area which a law has not been ruled on yet. That alone makes me wonder about going after her but you stated that the police report puts her at blame.

Why on earth did you not go to the hospital? Was this your first accident, ever? Next time take a ride to the hospital and get yourself checked out. You never know what blunt trauma will do you later on. Trust me my first crash showed me the stupidity of not going to see a doctor ASAP.

The advice for unisured moto is the best advice I have heard since most people in CA don't bother with insurance and I know you want to be protected and same goes for your bike.

This sounds like a small claims court or personal lawsuit issue if you want to go that route. You are not gauranteed a damn thing tho and the time and money invested in it might be more than what you will get out of it.

Next time don't delay on these things. The court if you go will not look kindly on you for not being proactive. I am happy you are ok and you learned your lesson about lane splitting on the freeway at speed. That shit is crazy and you are VERY LUCKY TO BE ALIVE.
 
I'm sure a Yukon has a relatively decent resale value.

plumber said:
You're probably fubared. She probably doesn't have 2 nickels to her name and therefore no money for you. IMHO you would be throwing away good money after bad if you paid a lawyer to go to court. Small claims court AFAIK can award you damages but they don't have a mechanism so you can collect. I'd do my own homework first to see if she has any assets to collect. I'd also try and find her bank account number. AFAIK you can go directly to the bank with the small claims court order to debit her account yourself.
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insurance.

get it.

full coverage

small deductible


uninsured motorist

roadside assistance


what you cant afford it?

you cant afford NOT to.
 
Ya, I know Gambit45, it's been a few months since she hit me. I had so many things going on at the time that I haven't had the time to take any legal action. I did call my insurance company right away and let them know about the accident though.

I called the police department and they said that as long as they are presented with an insurance policy card at the scene of the accident that is not expired they have no reason to further investigate. She did indeed have a policy card on her that was not expired, but she was late on a payment and they stopped her policy for a week until she payed the amount. I guess she found a worm hole.

I'm going to do some Googling and see how I can start a case in small claims court. Wish me luck :ride
 
cat_in_sf said:
You must not ride on the freeway. There's an exit every mile or so. That means NO splitting. Psychobitches in HUGE SUVs with no insurance are going to be near impossible to avoid, regardless of exit ramps.
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...kidding?

Who doesn't lane share on the freeway?
 
i was the other motorcycleist that helped you up, dont know if you remember that part. it was a lincoln navigator, silver. we made sure to grill her ass on the police report. she was ok lookin too, IHI
 
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Have not done PI work for many yrs, but I would not give up on her insurance co. either.

edit: There are some insurance people in this forum that could provide better info re: this issue but until then.......

She may have been cited for the "accident" and there is a very good chance she has paid her delinquent premiums. If so, she has paid for insurance during the period of the accident and the co therefore may be liable.

Also, in W.C. and perhaps some homeowners policies, the co. may be on the hook for losses to a 3rd party during the policy period even if premiums were due.

May be reaching here, but the co. provided the card showing that she had coverage and therefore may be liable to a 3rd pty who would be entitled to collect.
 
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I remember another biker helping me up. Oh wow you are right, it was a Lincoln Aviator that hit me, not a Yukon. I just double checked the police report. Jesus, she must have hit me harder than I thought! Dude, I owe you. When I get back on the road we should go for a ride and some good food after. You like Blank Angus or the Outback? It's on me:thumbup
 
Look at your insurance policy, check to see if you had uninsured or underinsured motorist on there, then check back with us.
 
Incarnadine said:
<snippity>

I called the police department and they said that as long as they are presented with an insurance policy card at the scene of the accident that is not expired they have no reason to further investigate. She did indeed have a policy card on her that was not expired, but she was late on a payment and they stopped her policy for a week until she payed the amount. I guess she found a worm hole.

I'm going to do some Googling and see how I can start a case in small claims court. Wish me luck :ride
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I do believe that if she had an insurance card showing coverage and the lapsed policy was able to be re-instated - her insurance was likely still viable. In my experience the cancellation of a policy requires a 30 day notice by the insurance company before their customer is 'without coverage'. Who did you talk to at her insurance company? An agent? Or did you contact their claims dept?

IANAL, I don't play one on TV either.

Small Claims may be your only option but don't give up on her insurance company just yet. Press your claim HARD. Don't forget to tell the claims rep that she gave an insurance card with a valid term on it to the nice officer.

Good luck.
 
gald you're ok buddy!! i would go get the report from the police and take her to court. i bet she feels she got off easy but wait till you take her to court. good luck buddy..
 
IIRC, uninsured motorist coverage is to pay for your deductible if the other party doesn't have insurance. you need full coverage to get it.
 
So bottom line is that she only has to pay the blue book value of my bike right?

Also, does anybody know how much I can claim for injuries? I didn't go to the hospital, but everybody knows that you don't get hit by a Lincoln and just get up and walk away.
 
Incarnadine said:
Ya, I know Gambit45, it's been a few months since she hit me. I had so many things going on at the time that I haven't had the time to take any legal action. I did call my insurance company right away and let them know about the accident though.

I called the police department and they said that as long as they are presented with an insurance policy card at the scene of the accident that is not expired they have no reason to further investigate. She did indeed have a policy card on her that was not expired, but she was late on a payment and they stopped her policy for a week until she payed the amount. I guess she found a worm hole.

I'm going to do some Googling and see how I can start a case in small claims court. Wish me luck :ride
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This is actually great news:thumbup

OK, if the officer checked her insurance card and it was current, she had insurance coverage at the time. It doesn't matter if she failed to pay at any time after that or even before it. When you pay your insurance they issue the card and say what time you paid up to. Get it? In other words her insurance company is trying to BS you around and yes, you need to talk to a lawyer about this. Pronto.

Good luck mang.:teeth
 
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