Had a run in with a cage.

[Belquar]

Cage vs. GS. Cage 1, GS 1.

Traded some paint and plastic with a cage yesterday on my way to work. Pucker factor of 8 or so.

I was exiting a major roadway onto a surface street/state hwy. Exit ramp rolls right into a two lanes. Surface street has their lane, exit ramp gets the new lane. After we exit, the traffic in the right lane is putzing along pretty slow. I mirror check and see the left lane is clear. Signal. Head Check. Go. As I roll on the throttle and change lanes the cager in front of me decides she wants to go too. Now I am in her blind spot. She only ever mirror checks and doesn't head check and our collision ensues. It was like slow motion. As I am grabbing all the front brake I can I watch my right side PIAA 540 on the Zanzbar go into her left rear tail light. It was like watching in slow motion. Bike starts to wiggle a bit as the right fork and tire start to make contact with her fender. Luckily I had grabbed enough brake and she hadn't that we separated smoothly. Pulled over, traded info.

Breathe.

SUCKS. She thinks it is my fault. The bike is fine. The light bar is bent and there is a scratch on the tank, very small. Fork reflector is gone. All else is ok. After we traded info, she said, So you will call me when you get my tail light?

I was just amazed by that. I said fine. That will work. Cheap a$$ tail light for a 97 Saturn is a lot better than the headache of arguing that out. So I will go to the junkyard and get her a replacement.

Just gotta bend my light bar back and I am good to go. Gotta love a GS.

All is well that ends without bodily injury.

Brian

[jdmetzger]

Personally, I would have gotten in a fight over that. Stupid cagers. I have to watch it going to work every morning (cage or bike) because where I merge onto the highway, I get my own lane. The other drivers like to dive into the lane at high speed to try and pull a pass on the right, without ever checking if someone in merging on. The other problem is people who merge on going 20, so when I hop left, they decide to the the SAME thing that happened to you; blindly merge to the left and nearly crash into me. Stupid cagers. Good to hear you weren't physically injured, though!!!!

[Drif10]

Personally, I would have gotten in a fight over that. Stupid cagers. I have to watch it going to work every morning (cage or bike) because where I merge onto the highway, I get my own lane. The other drivers like to dive into the lane at high speed to try and pull a pass on the right, without ever checking if someone in merging on. The other problem is people who merge on going 20, so when I hop left, they decide to the the SAME thing that happened to you; blindly merge to the left and nearly crash into me. Stupid cagers. Good to hear you weren't physically injured, though!!!!

Over a taillight lens? Life's too short for that, methinks. If she decides to get nasty about it, then you just call the cops, and she gets nailed with an illegal lane change. A fight? Nah.

I'd rather fight with sausage boy about whether your pants should be pleated. :D

[rinty]

These can be tricky situations. When I pass a vehicle on a four lane, I move to the left as far as the centre line, until I am past. If I'm passing on a two lane, I move to the left, as far as the opposite edge of the road, or to the shoulder line. In the former situation, you may have momentary exposure to close oncoming traffic, but they can at least see you, and the exposure time is very short. On a divided four lane, of course, there is no exposure to close oncoming traffic. The idea is to try to build two car widths of safety zone between myself and the guys I am passing.

Brian, we're happy you're not hurt.

Good comment above about settling privately. In my province, if an adjuster gets involved and even opens a file, without making any payment, it can count as a claim. And you don't want any claims. We're talking about simple accidents, of course.

Rinty

[YELLOW_S]

I would go and get a used one, and smash it. Then glue it back togather then give it to her.

But thats just me :)

[jdmetzger]

Over a taillight lens? Life's too short for that, methinks. If she decides to get nasty about it, then you just call the cops, and she gets nailed with an illegal lane change. A fight? Nah.

I'd rather fight with sausage boy about whether your pants should be pleated. :D

my past experiences have made me bitter and distrustful. For one, I wouldn't put it past her to go file a claim. I was once rear-ended by some spoiled high school girl (in my truck). The damage was a new bumper for my truck; but nobody was hurt, so her dad signed a form saying he would pay, witnessed by my passenger. I DID eventually get my $500, but I had to harass the guy before I got my money. In the future, whether it's my fault or not, I'm inclined to file a claim for my own sake.

BTW: by "fight" I meant call the cops, not fisticuffs. :)

As an additional thought; if she doesn't get sited and realize she screwed up, whats to say she won't kill the next rider she doesn't see? Possibly a little extreme example, but I think a lesson in the form of a ticket would be helpful.

Pleated? Are we talking riding pants? Hmmm... could be the new BMW "formal" rider wear. :lol

[wezul]

Definitely would have had the law involved if there was damage to anyone/thing. My $.02.

[Drif10]

Pleated? Are we talking riding pants? Hmmm... could be the new BMW "formal" rider wear. :lol

Ask Dave about it, and watch him go. :laugh

[OUTBACKUFO]

sounds like she made what is called an "improper lane change"/// she is by the rules of the road responsible to check her blind spots before merging or changing lanes... end of story... not Lawyer here... but got a ticket for this when i was 16 and too out a guy's turn light to the same thing...


get a 1150K$ from here for mental grivise for a scratched ego and 1150gs.... just kidding...

[mrich12000]

:bottle Here in Oshawa, the laws states that, all involved in a collision have to go to a local collision center to report the accedent.There they phograph and do a report that way the person responsible pays.

[ultracyclist]

If you have a witness that said she pulled out in front of you (if I understand your post), then maybe you would win that fight.

If not, the party that hits from "behind" gets the ticket in Wisconsin, until proven otherwise.

It sucks, but some of my friends have gotten raw deals even with legal help.

I am glad that you are not hurt.

[osbornk]

In Virginia, you both would probably be partially responsible and neither could collect from the other party (contributory negligence state). A little known law in Virginia states that when you pass another car, you have to give an audible signal (horn). I was an adjuster for years before I found out about that little tidbit.

[terham]

Cage vs. GS. Cage 1, GS 1.

Traded some paint and plastic with a cage yesterday on my way to work. Pucker factor of 8 or so.

Brian

This sucks. Glad to hear you're OK and stayed up on two wheels and didn't sustain too much damage to the GS.

[BubbaZanetti]

Ask Dave about it, and watch him go. :laugh

and here we go.................:brow

glad to hear you're ok brian, sound like an obnoxious event to say the least!

[OfficerImpersonator]

My free legal advice is to do two things:

1. File an accident report with the appropriate police agency in your state. Here in Washington State we file our accident reports with the Washington State Patrol. This protects your rear-end in the event she decides she's going to get a few more parts on her car fixed at your expense. Your version of the accident is in the only thing in the official file on the accident if you're the only one who files a report.

2. Report this to YOUR insurance company. It's not your fault, so they can't raise your rates because you were involved in an accident. My insurance company would go after her insurance company to restore your bike to the condition it was before impact. Insurance companies would rather see other insurance companies pay for the work than their own claims department. Much like the answer to #1 above, should she subsequently claim additional damage caused by the accident that she claims was your fault, you'll have your insurance company hearing the story from first from you rather than from an adjuster from her insurance company.

The easy way out may appear to be to simply go along to get along, buy her a new tail light, and move on. But if she decides this accident "you" caused has inflicted additional damages, you'd be covered by both the law and your insurance company.

[BradfordBenn]

Dang, glad you are okay.

[SNC1923]

Cage vs. GS. Cage 1, GS 1.

She thinks it is my fault.

She's an idiot.

REALLY glad you're OK. Had a close call myself recently, though nothing as up-close-and-personal as you've described. Did I say that I was really glad you're OK?

[wezul]

Shame on me.
The first line of my previous response should have been "I'm glad you were not injured".
Stuff is stuff, we should not forget that these things can be repaired/replaced.

I don't like the idea of anyone getting injured . . . or worse.

I think the lesson here for anyone involved in a motor vehicle accident is to get an accident report from the appropriate law enforcement agency regardless how trivial. It's just smart for all concerned.

[PacWestGS]

Brian glad you didn't go down and kiss the pavement. :thumb

Are there any traffic cameras at this intersection/off-ramp? It could show that you occupied the lane fare and square and that she cut you off with an improper lane change. :dunno

It sounds as though it was a simple accident and that both parties (as hard as that sounds) share some blame. Two objects cannot occupy the same space at the same time and that is what you described - both pulling out left to over take a slower vehicle in the right lane. In which case if she signalled you should have yielded to her.

Again glad you were not hurt and the damage is little on both sides.

In Washington there is no requirement for a police report if the estimated damage is less than $500.00 and there are no injuries. Although some headlights now days cost well over that $500 mark. If she seemed satisfied with you replacing the taillight and not pursuing other claims it sounds like a done deal. Do it and move on - lesson learned. If she is a beach I'd follow the advice of others and file a claim or notification to your insurance company that you had minor scrape with another auto and that it was agreed to repair the damage without filing. At least you have covered your butt with your agent.

I'm guilty of (not having) this myself (all the time), but did you have a camera?

Enough rambling, glad you are OK.

Russ

[BouncinBob]

Brian's good to go and so is the bike. This is great news.

Brian, if your attitude riding in traffic is the same as your approach to the results of this accident, you are less likely to have an accident. Posturing and getting pissed never lengthened someone's life.

Ride safe

[FredRydr]

My free legal advice is to do two things:
1. File an accident report ...
2. Report this to YOUR insurance company...:eek

Brian, based on your first post (which is incomplete at best), I submit that you might want to get local advice before you do that.

Fred

[Easy]

:eek

Brian, based on your first post (which is incomplete at best), I submit that you might want to get local advice before you do that.

Fred


Ditto

Easy :usa

[kbasa]

Ask Dave about it, and watch him go. :laugh

Nobody should be wearing pleated pants or getting into fistfights over traffic incidents.

Nothing like adding an assault charge to your list of things to deal with.

dave

[Belquar]

Explained the scenario to them.

I am in the right. She is in the wrong. I made a legal lane change. Therefore, I had possesion of the lane and she was responsible to yeild to me. Res ipsa loquitur is on my side. Given the position of the vehicles when impact occurred I was on the left and she came into me. I was into the left lane and overtaking her when we collided.

No cameras on that roadway. Not much in the way of cameras anywhere in Jersey. So ultimately it is my word against her word. The police said I can file a report and the insurance companies decide who is at fault and payment goes that way.

Upon further inspection of my bike, the beak is cracked where the lightbar attached to it. The lightbar is bent. The little grid came off the light. Fork reflector off. Tank scratched. Lightbar bent. To restore my bike to pre-accident condition will be in excess of 500 bucks.

So...now I have to decide...do I want to go through the steps and potential headache of filing a report and claim?....or do I want to call her and tell her the deal, that I have spoken with the police and it will go in my favor. You fix your own taillight.....Or ignore the situation and see if it goes away.

I am thinking ignoring is not a good plan. I am just torn whether or not I want to get into anything with this or move on. I have a problem with the how litigious our society has become, but also am not a fan of getting screwed over in the long run.

Comments?

TIA
Brian

[PacWestGS]

Brian, do what is right in yur mind. Not what the gallery has to say.

Best wishes for a comprmising outcome.

It's fair to say that you had less damage than first thought and were willing to forgo the police reporting, but since finding out that you will have to file a claim for repairs you needed the police report for your insurance agent and they (police) agreed with your explanation, faulting her for inatentive driving and unlawful lane change resulting in a collison.

Then see what she has to say. Maybe she'll be ready to drop the whole thing :deal

Russ

[kbasa]

File a claim. Submit an accident report.

[osbornk]

Explained the scenario to them.

I am in the right. She is in the wrong. I made a legal lane change. Therefore, I had possesion of the lane and she was responsible to yeild to me. Res ipsa loquitur is on my side. Given the position of the vehicles when impact occurred I was on the left and she came into me. I was into the left lane and overtaking her when we collided.

No cameras on that roadway. Not much in the way of cameras anywhere in Jersey. So ultimately it is my word against her word. The police said I can file a report and the insurance companies decide who is at fault and payment goes that way.

Brian

You're in the right per your description. I suspect her description will differ and come to a different conclusion. I worked insurance claims for 31.5 years and when it comes down to one's word against the another, NOBODY GETS PAID and the accident goes against your driving record when you go to buy or price insurance. The insurance companies have a database called CLUE that shares information between insurance companies so all reported accidents are available to all insurance companies whether anything is paid or not.

Another problem you have is that you hit the other car in the tail light so others would argue that you didn't have possession of the lane yet. I would drop it and hope it goes away.

[Easy]

Since you made a report, the insurance companies will pick it up the next time you renew. You might as well go ahead and file a claim and try to get the insurance company to go against the other driver. If they don't pursue a claim or suit against the other driver, tell them you will not renew your policy unless they do. If they still won’t, file a case against the lady in small claims court for the full amount and subrogate the insurance co., if necessary.

Once you get a judgment against the lady, it’s adjudicated and it's "her fault". This might not cause your rates to go up. Some #%&*&%% insurance companies look at it as an involvement and will raise your rates anyway. If this happens shop around and show them the judgment.

Good Luck!

Easy :german

Trying to come out even with an insurance company is like going to Las Vagas to make money.

[jdmetzger]

While I don't like making claims with any insurance companies, I would still file a report on this one. Upon further inspection, you have found at least $500 more damage. What if you take it in and find something else thats even more expensive; bent fork leg? Hairline crack in the tank? OK, probably not likely. I'd still file the report, though... $500 isn't cheap... at least not for me. If the tanks is scratched, think how much a repaint will run you, unless you want to stick with the scratches.

Good to hear you're only finding more damage to the bike, and not to yourself!

[Belquar]

While I don't like making claims with any insurance companies, I would still file a report on this one. Upon further inspection, you have found at least $500 more damage. What if you take it in and find something else thats even more expensive; bent fork leg? Hairline crack in the tank? OK, probably not likely. I'd still file the report, though... $500 isn't cheap... at least not for me. If the tanks is scratched, think how much a repaint will run you, unless you want to stick with the scratches.

Good to hear you're only finding more damage to the bike, and not to yourself!

My insurance company is coming today to take pics. The girl that hit me isn't returning my calls. LESSON>...ALWAYS INVITE THE COPS TO AN ACCIDENT. :banghead

So my insurance company will come take a look. When I dumped my CLC...they replaced the tank. There wasn't any damage to the tank. It had some scratches in the paint from my jacket. Not from the crash. So if a scratch means a new tank, well then the damage is almost 1500 now. YOWZA.

I have this girls work number and her cell phone. It wouldn't take much to find her without contacting her and get her plate number. Then that would be all that is needed to finish what needs to be finished.

Her playing hard to get makes it more favorable for me I think. Who knows.

I don't really care what happens. If I can fix the bike, great. If not....all the damage is damage I can ultimately live with.

Brian

[jdmetzger]

My insurance company is coming today to take pics. The girl that hit me isn't returning my calls. LESSON>...ALWAYS INVITE THE COPS TO AN ACCIDENT. :banghead

So my insurance company will come take a look. When I dumped my CLC...they replaced the tank. There wasn't any damage to the tank. It had some scratches in the paint from my jacket. Not from the crash. So if a scratch means a new tank, well then the damage is almost 1500 now. YOWZA.

I have this girls work number and her cell phone. It wouldn't take much to find her without contacting her and get her plate number. Then that would be all that is needed to finish what needs to be finished.

Her playing hard to get makes it more favorable for me I think. Who knows.

I don't really care what happens. If I can fix the bike, great. If not....all the damage is damage I can ultimately live with.

Brian

I wonder if she talked to someone after that fact and they told her it was actually her fault; or if she was trying to play tough about it, hoping you wouldn't call her on it. I'm sure the insurance company will have no problem tracking her down; when their money is involved, they're good with stuff like that. :nod

Good luck!

[kbasa]

My insurance company is coming today to take pics. The girl that hit me isn't returning my calls. LESSON>...ALWAYS INVITE THE COPS TO AN ACCIDENT. :banghead

So my insurance company will come take a look. When I dumped my CLC...they replaced the tank. There wasn't any damage to the tank. It had some scratches in the paint from my jacket. Not from the crash. So if a scratch means a new tank, well then the damage is almost 1500 now. YOWZA.

I have this girls work number and her cell phone. It wouldn't take much to find her without contacting her and get her plate number. Then that would be all that is needed to finish what needs to be finished.

Her playing hard to get makes it more favorable for me I think. Who knows.

I don't really care what happens. If I can fix the bike, great. If not....all the damage is damage I can ultimately live with.

Brian

If I were you, I wouldn't bother calling her. Fill out an accident report, contact your insurance folks and turn it over to them.

They'll get her on the phone.

And yes, the cops always come to an accident scene. I learned that the hard way 25 years ago.

This past January, when I got knocked off, the couple responsible were telling me, "she works in the insurance business, you don't need to have the cops come".

Yeah. Right. I called the CHP to come visit, take measurements and the like. They admitted fault the next day.

[osbornk]

My insurance company is coming today to take pics. The girl that hit me isn't returning my calls. LESSON>...ALWAYS INVITE THE COPS TO AN ACCIDENT. :banghead

So my insurance company will come take a look. When I dumped my CLC...they replaced the tank. There wasn't any damage to the tank. It had some scratches in the paint from my jacket. Not from the crash. So if a scratch means a new tank, well then the damage is almost 1500 now. YOWZA.

I have this girls work number and her cell phone. It wouldn't take much to find her without contacting her and get her plate number. Then that would be all that is needed to finish what needs to be finished.

Her playing hard to get makes it more favorable for me I think. Who knows.

I don't really care what happens. If I can fix the bike, great. If not....all the damage is damage I can ultimately live with.

Brian

You keep digging your hole deeper. You had an accident that wasn't investigated, then you agreed to buy her a taillight (which is pretty much an admission of guilt), then you find more damage and decide to make a claim against her, then you report it to your insurance company and wonder why she's playing hard to get? At this point, most people wouldn't talk to you if they were involved in an accident.

After you report the claim, you tell us that this is at least your second claim and you let them pay you for a gas tank that was not damaged in the prior accident. If you're lucky, they will keep you and your rates will go up. If you are not, you might get cancelled or non-renewed and you will find insurance expensive and hard to get.

[Belquar]

You keep digging your hole deeper. You had an accident that wasn't investigated, then you agreed to buy her a taillight (which is pretty much an admission of guilt), then you find more damage and decide to make a claim against her, then you report it to your insurance company and wonder why she's playing hard to get? At this point, most people wouldn't talk to you if they were involved in an accident.

After you report the claim, you tell us that this is at least your second claim and you let them pay you for a gas tank that was not damaged in the prior accident. If you're lucky, they will keep you and your rates will go up. If you are not, you might get cancelled or non-renewed and you will find insurance expensive and hard to get.

Try not to infer things that are not substantiated. I understand that you only have what I say to go on so....The previous accident was on another motorcycle. The dealership had the bike. I was not involved with the repairs. The adjuster went to the dealership and met with them. They worked up the estimate. That accident was just me and it was against my own policy. No other persons were involved. My rates did not go up with that one.

To clarify....There was no admission of guilt. At the time of the accident, I was shaken and amped up on adrenaline. I said I would get her a tail light without thinking about it. After calming down and thinking about the situation I spoke with the police about the scenario and they informed me that if I had posession of the lane then she hit me. If we were in the other lane then I hit her. They informed me that the insurance companies will have to decide who is at fault. Which would have been the case no matter what even if they had been called to the scene.

My agency has been to my house and looked at my bike. They will also look at her car. Given the damage and positioning of the damage, it will speak for itself. As for my company...it is USAA. They don't drop people. My rates will not increase for this case.

I am not trying to get "paid" as it were. But I am not paying for something and just bending over and taking it for something that I didn't cause. If the insurance companies decide in her favor....so be it, what else can I do. But if that is the case...then I will let it be that way. But they are going to do what I pay them to do.

Lesson learned. Cops always called no matter what in the future. Then all info will be had at the scene.

Brian

[OfficerImpersonator]

You keep digging your hole deeper. You had an accident that wasn't investigated, then you agreed to buy her a taillight (which is pretty much an admission of guilt), then you find more damage and decide to make a claim against her, then you report it to your insurance company and wonder why she's playing hard to get? At this point, most people wouldn't talk to you if they were involved in an accident.

After you report the claim, you tell us that this is at least your second claim and you let them pay you for a gas tank that was not damaged in the prior accident. If you're lucky, they will keep you and your rates will go up. If you are not, you might get cancelled or non-renewed and you will find insurance expensive and hard to get.

Osbornk,

While I'm loathe to comment considering your 31+ years of experience as a claims adjuster, I'm going to have to disagree with you here.

Insurance exists for one reason and one reason only - to compensate those who suffer unplanned and/or catastrophic losses. We all know insurance companies love to take your monthly payment and hate to pay claims. Undisputed fact.

But - insurance companies also will work for you if the accident wasn't your fault.

A couple of years ago the wife and I were sideswiped by a driver in much the same situation. The other driver refused to admit liability. My insurance company (USAA) hassled the guy until he admitted it was his fault and then my insurance company went after his insurance company for the repairs to our car.

The accident wasn't our fault, so why should dealing with the aftermath be our responsibility? The original poster should get his bike fixed, make this idiot driver pay for it, and in the future, never admit or agree to anything with anyone you have an accident with.

Sure - it was "only" a minor car/motorcycle accident. Thus I'm sure you're aware that it's not uncommon for the driver or the car to claim the accident with the motorcycle caused fibromylagia, whiplash, TMJ, or any of the various other "maladies" suffered by plaintiffs.

A driver/rider should always protect their exposure to liability when in an accident. It's true that anything you say can and will be used against you by the other driver's insurance company and/or lawyer. Don't admit fault even if it was your fault. Don't offer to settle unless you're willing to spend the time to get it in writing.

$200 under the table for her new taillight doesn't mean she won't sue you later.

[OfficerImpersonator]

Try not to infer things that are not substantiated. I understand that you only have what I say to go on so....The previous accident was on another motorcycle. The dealership had the bike. I was not involved with the repairs. The adjuster went to the dealership and met with them. They worked up the estimate. That accident was just me and it was against my own policy. No other persons were involved. My rates did not go up with that one.

To clarify....There was no admission of guilt. At the time of the accident, I was shaken and amped up on adrenaline. I said I would get her a tail light without thinking about it. After calming down and thinking about the situation I spoke with the police about the scenario and they informed me that if I had posession of the lane then she hit me. If we were in the other lane then I hit her. They informed me that the insurance companies will have to decide who is at fault. Which would have been the case no matter what even if they had been called to the scene.

My agency has been to my house and looked at my bike. They will also look at her car. Given the damage and positioning of the damage, it will speak for itself. As for my company...it is USAA. They don't drop people. My rates will not increase for this case.

I am not trying to get "paid" as it were. But I am not paying for something and just bending over and taking it for something that I didn't cause. If the insurance companies decide in her favor....so be it, what else can I do. But if that is the case...then I will let it be that way. But they are going to do what I pay them to do.

Lesson learned. Cops always called no matter what in the future. Then all info will be had at the scene.

Brian

It's one thing to call the cops and ask for advice given the specific situation. It's an entirely different matter to demand that the cops arrive at the scene of your accident and complete a thorough investigation.

When you call to report a minor accident without injuries (the best kind, IMHO), you will likely be told to obtain a form from your local police department or online and to fill it out and mail it in.

Only in extreme circumstances will the police have any interest in coming to the scene of a non-injury collision with minor damage.

[osbornk]

Belquar

Keep us posted on what happens. I hope you get paid. In recent years, insurance companies have gotten much tougher about cancellations and rates on people with multiple claims. I retired early in part because I wouldn't do things I thought was unfair to my customers.

Several years ago, USAA was easy to work with and more than fair when they handled homeowner claims in Northern Virginia (an area I am familiar with). I have a good friend who is a Public Adjuster (represents the Homeowner or Business owner against the insurance company) and he told me that they have become the most difficult insurance company for homeowners to work with. I don't know if it is a change in company philosophy, the local manager or the adjuster.