View Full Version : Hit From Behind on the 599
clicketysplit 09-25-2009, 09:17 PM Well... this is what I would call minor, but a good story nonetheless.
I was in the front of the line, waiting to turn right. As usual the bike was in gear, and my right foot was on the brake, just like they teach you in MSF. Suddenly I felt this "cha-chunk" from behind -- hand slipped off the clutch, bike stalled! I seriously wasn't sure what was wrong. Took my foot off the brake, but still had my left hand on the front brake... "cha-chunk" AGAIN! What the HELL??? Truck behind me is bumping into me!!! Kinda had a panicky moment. So, even though the bike was OFF, I decided to slip it into neutral (keep in mind, I've only moved about 18 inches from my original stop), put the kickstand down, lifted my visor, got off the bike and gave the "WTF" signal to the guy behind me.... as you do, expecting him to pull over, inspect the damage, trade information and be on your way. THis all took about 20 seconds.
Guy looks me in the eye, and SLOOOOWLY pulls away!
I was stunned! He was old.
So, got back on the bike, revved to about 10,000 RPM and caught up with him at a red-light several blocks away. I knocked on his window and gave him the 'roll down' sign. He just kinda looked at me in a spacey way, and then raised two (or maybe 3) fingers, and kinda mumbled something.... and then sped off! LOL
He was old, like REALLY old. I thought about giving chase, but really -- what's the point of beating down an octogenarian. So, I rode up the road a ways, and then stopped to inspect the damage. Nothing serious, thank the gods... broke part of the "Christmas Tree" and bent the license plate, but that's about it. Called my wife, told her the situation, and then drove the rest of the way home.
I called the PO-lice once I got home and they sent a squad car to my house. They told me that the guy was born in 1929, and they're on the way to his place to cite him for: (1) Leaving the scene of an accident, (2) Dangerous driving, and (3) Stunting (don't know why). So -- it's all worked out OK I suppose. I can probably hide the damage for the rest of this season, but I'll likely take it into the shop on Monday to make sure there are no hidden problems. Back and left arm are stiff now, but I'm basically OK.
I hate to say it, but awhile ago I read a post about 'older' drivers causing a fatal accident. At that time I responded that I think older drivers should be tested yearly. After today's minor incident, in which both me and the 599 escaped unscathed, I really do feel that I should make a big deal about something like this. Luckily I was stopped and traffic was going maybe 5 mph. But, this could have just as easily happened on a freeway exit or something.
Got a shoot tomorrow; I'll try to keep the rear-end damage out of the picture! :)
a4naught 09-25-2009, 09:24 PM Wow. That guy shouldn't be driving. Lucky you, as you say. But still. That would freak me out too. :wtf Take care of your back. Hope that doesn't turn nasty. Ice and I…
DH919 09-25-2009, 10:01 PM I've been "bumped" at a redlight, the girl only nudged me about 6-8 inches, but when I turned around and gave the "wtf" look, she looked in a panic, and started sobbing, "I'm sorry I'm sorry" we pulled over and no harm no foul...
But that old man needs she shit pulled for that little stunt...
a4naught 09-25-2009, 10:03 PM Did you get her number?:mrgreen:
Man, that'd make me feel bad, which would make me feel DUMB and then kinda pissed. Then kinda bad again. Dang those wimmin tears!:lol2:
LeatherWings 09-26-2009, 12:19 AM glad you're ok, but ALWAYS check your six!
ppl over a certain age should be required to take bi-yearly driving exams to re-evaluate their conditions of senility.
driving is a priveledge, not a right.
clicketysplit 09-26-2009, 09:10 AM UPDATE:
So, the cops had told me when they were first here, that they'd definitely be charging the guy, and that they would come back with his insurance information.
Late last night, they called, said they were back in the area, and wanted me to come down to chat. So I did (slightly wobbly from um.... a few beers, but generally OK).
Turns out they didn't bother charging him... with anything. Said they would need an independent witness to charge him. The guy actually ADMITTED bumping me, and admitted taking off, and apparently the cops still need another witness!?!?! I was pissed. I said "I AM THE WITNESS!!!! The crack in my Christmas Tree proves it!" (they probably thought I was quite insane).
Anyway, the old fart was exceedingly grouchy apparently. And he told the cops that there was 'existing damage' on my bike. Luckily I have photographs from a girly photoshoot on Wednesday evening which clearly shows no damage.
Wife and I made a little video account, where I drunkenly go through the minor rear-end damage. I am definitely taking this through insurance (even though there is nothing major to repair -- certainly not more than my deductible), but I want the guy to learn a lesson and feel a little pain.
I'm mad as hell about it.
mitsurugi 09-26-2009, 09:51 AM Sorry to hear about this, clickety. Sucks that the cops are being silly...
DH919 09-26-2009, 10:52 AM Did you get her number?:mrgreen:
Man, that'd make me feel bad, which would make me feel DUMB and then kinda pissed. Then kinda bad again. Dang those wimmin tears!:lol2:
how can I say thing delicately... I felt it might start to burn when I pee, just from looking at her. Tears be damn, if she hurt the bike, cops would be called...
clicketysplit 09-26-2009, 12:29 PM On the plus side, the young (VERY YOUNG) officer that attended was British. He recognized the bike immediately, said it was very cool, and knows "loads of lads" back in Britain with the same bike. We talked for about 10 minutes just about bike stuff.
I also called him today (voicemail), and told him I feel very strongly that a charge must be laid. I suspect he may follow it up -- it seemed it was his partner who wasn't really interested in pursuing things.
I can't see any serious damage on the bike, cracked reflector, bent license plate, and the little housing that holds the license plate light is loose. I may take it into a shop on Monday anyway just to make sure the damn xmas tree isn't cracked further up. If it is, then I think it'll be time for a tail kit. :) As for me, sore shoulders/upper back... guess I must've clenched or something.
a4naught 09-26-2009, 05:21 PM (snip) told him I feel very strongly that a charge must be laid. I suspect he may follow it up -- it seemed it was his partner who wasn't really interested in pursuing things.
Absolutely! Guy's a menace on the road. Gotta lay the paper trail at minimum. Could be someone's life later on. Besides, it's not their call on the pressing of charges. That's just negligent letting someone go like that. Maybe a quick moment with a judge could start the ball rolling on gettin' the guy off the road.
As for me, sore shoulders/upper back... guess I must've clenched or something.
Simple reflex. Hope it clears away shortly.
clicketysplit 09-26-2009, 06:01 PM You know, I feel like I'm becoming 'ageist' -- I really am getting very upset at the dumbass things I see the elderly doing on the road.
This post really drove it home for me earlier this summer: http://www.honda599.com/forums/showthread.php?t=6189
I know lots of people of all ages do really stupid things on the road, but I believe there comes a time when you are just not physically fit enough to drive -- when that time comes for me I hope my kids sit me down and have a nice long talk with me about what a menace I am to public safety. I dunno -- I'm grouchy about it today. Waiting for a call back from the cop, but I do suspect he'll get off with a warning, and continue to wreak havoc on our city streets.
On the police report I do have the fellow's name and address. It would be wrong to pay him a visit, wouldn't it? LOL
clicketysplit 09-26-2009, 06:40 PM Ah... the British officer just called back. Sure enough, he wanted to lay charges, he partner talked him out of it (lack of evidence). The constable said he's going to talk to his sergeant on Monday, because he still feels quite strongly about it himself. I'm actually quite impressed with the quality of young officers in the Calgary Police Service -- well, today I am.... don't ask me how I feel next time I get busted for speeding though. Hehe
Asphalt_in_SF 09-26-2009, 07:07 PM Glad you are ok. Report it to your insurance and give them the license plate number of the guy that hit you and have them take care of it. That's why you pay them. If the insurance falls short your last recourse is small claims court. He probably won't show to court so you'll win. If your in ANY kind of pain go to the emergency room NOW and keep all the paperwork. If you still hurt tomorrow, go to the emergency room again. Don't wait for a regular doctor appointment. Crazy old fart, he hit you twice? Cops don't have the authority to charge people with offenses they did not witness. They have there hands full trying to deal with bodily crime, property crime is low on the priority list. The DMV will let him keep driving till he hurts someone.
http://www.youtube.com/watch?v=W-IPj_C1CB8
a4naught 09-26-2009, 07:29 PM Dangit! That just pisses me off to think about it, man! Take it to the mat. What Asphalt said, especially on the injury stuff (I know, it sounds weenie-ish, but trust me, stuff that seems minor can come back to haunt).
And, let's face it, the guy LIES. Yep, +1 on the insurance bit. Unreal that it takes someone getting REALLY effed up or killed to be taken off the road (Santa Monica market, anyone?). Horrible. Unfortunately, the police and the law tend heavily towards reactive, not proactive. Not so hot in this case. Good luck man.
yeroC 09-27-2009, 09:00 AM Dang clickety, sorry to hear of this episode of utter bullshit. The guy should be charged without question. There shouldn't even be an issue at the dept. Sounds like some tomfoolery amongst the old man and the one officer. It'd be one thig if he hit you and then stopped and cooperated..sure maybe i'd let him go if there was no damage. Maybe just give him a quick skull tap and tell him if i ever see him 'round these parts again i'll stab him in the face with a soldering iron..
but he didn't stop..2 times. that's blatant fleeing, hit and run. Hell if you were injured it could have been a felony. I would definitely go to the seargent or whoever and press this matter. Wait..are you sure the old guy aint the chief of police or the mayor or something?
Some guy was killed here in the spring because he was hit from behind at the light and the chick who hit him was txting. And one of my riding buddies was hit from behind a couple months ago at the light. Hurt his back and totalled his bike.
Hope you get it worked out man..
Polonius 09-27-2009, 05:44 PM Holy crap. That's scary. What if it was 10kph faster? What a dink. Definitely lay some paper down on his way out of the driver seat.
It wasn't very clear, but I'm assuming that you got his license plate...?
clicketysplit 09-28-2009, 09:31 AM Holy crap. That's scary. What if it was 10kph faster? What a dink. Definitely lay some paper down on his way out of the driver seat.
It wasn't very clear, but I'm assuming that you got his license plate...?
Indeed I did! After he didn't stop, I got back on and chased him down through city traffic. Maybe it's wrong of me to post this, but I memorized his license plate because the first 3 letters were DMC, so I kept thinking of "Walk This Way" (while I was chasing him). The last 3 digits were -- and this is ironic -- 919... so it was easy to remember. Insurance adjuster will be calling me today, and cop promised to call me back on Wednesday, so we'll see where this goes.
If it goes nowhere I do have the dude's address off the police report. hehe.
MikeCB600F 09-28-2009, 08:58 PM talk to your insurance agent and a lawyer.
Brasco11 09-29-2009, 09:20 AM I've almost been in two accidents in my car and both times it was the fault of elderly drivers (65+).
clicketysplit 09-29-2009, 09:25 AM talk to your insurance agent and a lawyer.
Yeah, my insurance agent is on it. I'm not sure there will be much I can do if the police decide not to lay a charge. The damage to the bike isn't worth enough for me to make a 'real' insurance claim.
Bodily injury seems to be pretty minor -- I was stiff for a couple of days, feels like I tweaked something in my upper back, between the shoulder blades, which makes it uncomfortable to sit at work (I'm squirming all over my chair), but it's not life-threatening.... yet.
I think I'll talk to the insurance adjuster, and just see what he/she has to say about how I ought to proceed. I'd definitely like to cause the fellow a little bit of discomfort over this. Part of me wants to be vindictive and litigious, but another part of me knows that I'm lucky to have had only this single minor bump in the last 5 years, and I don't really want to push my luck. Anyway -- I'll update when I know more.
motorico 09-29-2009, 10:56 AM Yeah, my insurance agent is on it. I'm not sure there will be much I can do if the police decide not to lay a charge. The damage to the bike isn't worth enough for me to make a 'real' insurance claim.
Bodily injury seems to be pretty minor -- I was stiff for a couple of days, feels like I tweaked something in my upper back, between the shoulder blades, which makes it uncomfortable to sit at work (I'm squirming all over my chair), but it's not life-threatening.... yet.
I think I'll talk to the insurance adjuster, and just see what he/she has to say about how I ought to proceed. I'd definitely like to cause the fellow a little bit of discomfort over this. Part of me wants to be vindictive and litigious, but another part of me knows that I'm lucky to have had only this single minor bump in the last 5 years, and I don't really want to push my luck. Anyway -- I'll update when I know more.
What about the next person he does this to? He displayed a willful disregard for your safety and the law.
clicketysplit 09-29-2009, 12:14 PM What about the next person he does this to? He displayed a willful disregard for your safety and the law.
I hear you on that! Truly, I do -- which is why I want to press it somewhat. Having said that, the police don't want to lay charges if they think they won't get a conviction. Without a charge being laid my insurance company doesn't really have any ammunition to go after the guy's insurance company. And without any serious damage to the bike (or to myself... I think) there is no basis for compensation. So where does that leave us? It's sortof like a parking lot bumper-hump in which both parties walk away (no harm no foul), though in this case I do want to make something of it on principle -- just have to convince the law and the insurance company to play along.
carlitos_92 09-29-2009, 02:18 PM What about the next person he does this to? He displayed a willful disregard for your safety and the law.
Word. I say string the guy up by his diaper. Metaphorically, or literally - whichever is more practical.
a4naught 09-29-2009, 08:02 PM This is starting to steam me, man.:rant
So, hit and run (regardless of the _amount_ of damage…as if this guy exhibited ANY control in the first place with the repetitive bumps) is just peachy?? And the idea that these cops KNEW the guy or knew of him…what motorico said: what happens with the next unlucky person? Where is the RECORD at least, the paper trail, at minimum, that this dumba** has a history of this sort of driving?? This is the type of story that becomes tragic later, I say.
Perhaps insurance law is different in the great white north, but if the dude damaged your personal body and property (do NOT underestimate your bodily damage, which over time can become just one more nail in the wall of your body), that is grounds for recovery of damages. The fact that no "law" was broken is immaterial, which of course, there was, as in the hit and run (or whatever it is referred to in your part of the world). At the least, I'd try and take him to small claims or whatever your equivalent is there.
:rant
JHenley17 09-29-2009, 10:06 PM Seriously... I'm completely against bullshit lawsuits (have you ever seen a chiropractor's office right next to a lawyer's office? bullshit...), but I hurt my back when I was just 10 or 12 and thought it would just get better. Here at 21, I've got back problems that I don't think are going anywhere. Sometimes, I can barely walk.
clicketysplit 09-30-2009, 09:24 AM This is starting to steam me, man.:rant
Perhaps insurance law is different in the great white north, but if the dude damaged your personal body and property (do NOT underestimate your bodily damage, which over time can become just one more nail in the wall of your body), that is grounds for recovery of damages. The fact that no "law" was broken is immaterial, which of course, there was, as in the hit and run (or whatever it is referred to in your part of the world). At the least, I'd try and take him to small claims or whatever your equivalent is there.
:rant
Insurance law is a little different here I think. Here, personal injury claims are 'capped' at $5000. I agree that the law was broken (hit-n-run = leaving the scene), but if the cops are reluctant to even charge him, then they are saying (basically) that they don't believe that the law was broken, yes? I'm not sure I could take him to civil court without a charge either. I believe it all comes down to whether or not he was charged. And if he wasn't, then I have to be able to prove damages -- what, a $30 reflector and a bent license plate?
Like JHenley, I have little patience for BS lawsuits, and our laws make it more difficult for those kinds of things than in the US. Part of my concern here though is that I was 'hit from behind' back when I was a kid -- knocked me down actually, burned my leg on the exhaust and got a bit scratched up. The bike was totalled and the insurance paid out, but at the time I was young and stupid and never went after any personal injury claim. Still, that incident from 23 years ago has stuck with me, and I'm always ALWAYS watching my 6. So this case has parallels -- and I definitely want to make a statement -- just not exactly sure how. Still haven't heard from the insurance adjuster; supposed to be getting a call from the 'good cop' today. :)
clicketysplit 09-30-2009, 03:15 PM Adjuster called.
They are putting in a claim for the damage to the bike. They said that if the other party admitted to hitting me, then I would NOT have to pay the deductible. Granted, the damage is limited (at least to the naked eye), but that's a positive development.
They are also going to put in a personal injury claim as well. I'm to wait for the 'local adjuster' to contact me, and then I guess they'll probably send me to some insurance company stooge doctor... I dunno. I will say that I've never had back problems (ever), and over the last few days sitting at the office, I've been very uncomfortable, right between the shoulder blades and in in my left arm. I don't know how serious it is, but it is a nagging annoying feeling.
So -- let the games begin! LOL
MikeCB600F 09-30-2009, 04:21 PM If your back is bothering you, see your doctor and a chiroproactor. I was rearended on my fisrt 599 4 years ago and have had on and off back problems since. I bounced off the hood of the SUV and then the pavement.
a4naught 09-30-2009, 07:14 PM Insurance law is a little different here I think. Here, personal injury claims are 'capped' at $5000. I agree that the law was broken (hit-n-run = leaving the scene), but if the cops are reluctant to even charge him, then they are saying (basically) that they don't believe that the law was broken, yes?
This should be a cautionary tale for all those who harp about caps here in the US. I have a co-worder friend who almost died at the hands of a lefthand turner and his medical bills are in the six figures. Who has insurance that will pay for that, much less any cap involved on the perpetrator? So a few frivolous suits end up as nonstarters and the rest of honest-to-god injured people get the shaft. It ain't right. Wow.
So the idea here is that they are taking his word against yours? What? That he DIDN'T hit and run. This sounds beyond reasonable. Taboot. You have done all the right things and this is how the system repays you. Nice.
Like JHenley, I have little patience for BS lawsuits, and our laws make it more difficult for those kinds of things than in the US.And if you really do get hurt and it effects you and your income forever, well, it makes that more difficult too. Wrong, wrong, wrong. Take heed US.
This guy is a menace and you are simply the "lucky one" to only have more minor issues. Meantime this guy walks and will kill someone some day soon. Take it to the mat, man. Really, they are saying it's your word against his and they are taking his. So, you manufactured a bogus incident with a rock and fake hurt? Outrageous. I guess it really does pay to hit and run afterall.
Good luck on your pursuing this. A statement must be made at the least. So sad that is all you may get for all your pains.
clicketysplit 10-01-2009, 10:13 AM And if you really do get hurt and it effects you and your income forever, well, it makes that more difficult too. Wrong, wrong, wrong. Take heed US.
The $5000 cap is (as far as I'm aware) only in our province, and it is a controversial issue. It's only been in place the last 4 years or so, and there have been some court challenges that have had the law thrown out and then the government tinkers with it an reinstates it. I'm also not sure if the cap applies across the board, or if it is only for so-called 'bumper hump' accidents. I'm quite sure that in the event of a truly horrific accident, insurance companies would pay more (we're all required by law to carry a minimum of 1 million personal liability insurance, so one would think that that there must be an option to make a million dollar claim in some instances).
It also helps, I suppose, that we would not need to be worried at all about medical bills here. If I was seriously injured, I would never see a bill for my treatment. In fact, the only way it might affect me would be loss of income from my job, and even then, I carry additional insurance which would see me making 75% of my current salary for life if I was to become disabled and be unable to continue to work.
I'm not sure they are saying necessarily that I'm 'lying' about the issue. I think they are more concerned that if they lay a charge, and it is contested, that they lack the evidence to get a conviction. I can see where they're coming from on that -- but I'm going to let the insurance company decide what to do here. At the very least if we make a claim against his insurance, his payments will go up significantly, and perhaps the old man's kids will pull him off the road. As you've all noted, I was VERY lucky. I'm lucky I had my foot on the brake, and that his bump didn't send me skidding into 50 mph traffic. I'm lucky that I was the first person in line, so he was only going maybe 5 mph when he hit me (if I'd been on the end of the line and he came up behind me who knows how fast he'd have been going). And I guess I'm lucky that I was hit directly from behind, with the xmas tree taking the hit, rather than somewhere on the side. I'm definitely following it up though, and will pursue every legal means available to (a) make a stink about it and hopefully get this dude off the road, and (b) to be reasonably compensated for any damage to the bike that isn't visible, and for my nagging discomfort and emotional distress! LOL...
Perhaps a call to the press is in order? Not that it is a ground breaking story, but I'm sure the cops wouldn't like the press of not prosecuting a potentially dangerous driver.
clicketysplit 10-01-2009, 04:03 PM Perhaps a call to the press is in order? Not that it is a ground breaking story, but I'm sure the cops wouldn't like the press of not prosecuting a potentially dangerous driver.
That's an interesting option. Of course it would be way more dramatic if I was in a wheelchair and had a bloodied bandage around my head for the photos. We'll see; things are in the works. Papers are being filled out, appointments for physio are being made, and an appraiser is coming to look at the bike... so things are in motion.
a4naught 10-01-2009, 06:19 PM Perhaps a call to the press is in order? Not that it is a ground breaking story, but I'm sure the cops wouldn't like the press of not prosecuting a potentially dangerous driver.
This is a good idea. Nice one, Buzz. At the very least, might open up the whole question of competence (I'm giving the guy the benefit of the doubt, note, which for the hit and run and mouthing off and lying, he does not deserve), and make a mark for reference on his record or something.
That's an interesting option. Of course it would be way more dramatic if I was in a wheelchair and had a bloodied bandage around my head for the photos.
This is a cautionary warning shot news item. Everything does not have to be over-the-top to make a dent in people's reality bubbles.
Good luck. You're doing the right thing. Hope it's not a continuous uphill battle.:?
clicketysplit 10-02-2009, 08:56 AM Good luck. You're doing the right thing. Hope it's not a continuous uphill battle.:?
So far, everyone I've talked to has encouraged me to pursue this: the 'good' cop, my insurance agent, the actual insurance company rep, and the claim adjuster I met yesterday have all told me that this is the right way to proceed, even if the damage is minimal.
So, we'll see how it all pans out, and I'll update as I know more. :) The good news is that since the weather is so unbearably crappy here this week, I have lots of time to focus on this rather than riding or photographs. LOL
clicketysplit 10-05-2009, 08:08 PM UPDATE:
First day of physio; I was not imagining some issues in my back. Apparently I have pulled/inflamed muscles on the right side of my back, and spine issues/inflamation on the left side of my back between my shoulder blades. The physio said that some of the worst injuries she sees are from very low-speed 'parking lot' accidents. Anyway, no word from the adjuster yet, but looks like I'll be going to physio every second day for the next few weeks.
OK -- better go do my stretches....
Didn't see this thread until now. :shock: First of all, I'm glad you're relatively okay. Good for you that you are going to physical therapy.
Secondly... the whole situation is scary. One of the early members of this forum, Chris, was hit from behind while he was sitting on a light (or a stop, don't remember). The bike was totaled. His back was hurt. He's not in a wheel chair, but it was pretty close!
Third.. I'm definitely in the camp that wants to see senior citizens tested at least yearly for competency on the road. 10 years ago an old guy runs a stop sign and totals my cousin's car. Thankfully, my cousin was okay, but it's still bullsh*t that did not need to happen.
I really like the idea of leaking this to the press. It doesn't matter that you're not in a wheel chair bleeding from your head... the point if that you could have been and the guy responsible is skating by with less than a slap on his wrist. Crazy!
clicketysplit 10-21-2009, 12:43 PM Well, I've been quiet for awhile, mostly because the weather here has been way too crappy this time of year than it should be. I literally have not ridden since the 1st of the month. However, that's proabably a good thing.
So, here's the update to my minor rear-ender story. I've been going to physio for the last three weeks, still have a nagging pain in my upper back, and the physio says I feel really tight still (in spite of doing a lot of pretzel-like stretches). She says I'll probably need to keep going a few times a week for the next month or so before I see any improvement.
The claim adjuster came out to my place last Friday. He actually spotted damage that I didn't see at first. Apparently the rear tire was hit as well, possibly bending the rim, and definitely 'loosening' the chain. I only rode it once since I was hit, and noticed it felt a little wonky, but wasn't sure if that was just my imagination -- apparently it wasn't.
So, basically the insurance has put in for a new tire, new wheel and new back 'fender.' I have a choice of shops, so I've already talked to my mechanic about using the $$ to put on some kind of fender eliminator instead of the stock fender -- I haven't checked prices yet, but I imagine they're in the same ballpark. I'll also take the time to put on a new front tire while I'm at it.
I've also heard from the other guys insurance person, and have a meeting set up next week. In Alberta there is a $4500 cap on 'soft tissue' injuries, which means that even if you sue, that's all you'll get. Typically, insurance companies just cut a cheque for that max amount so that you'll go away. So my insurance guy figures she'll just meet me and cut me a cheque -- the physio and bike repairs are all in addition to that. So, that's where I'm at, I'll take the cash, pay a few bills, maybe put some of it into a vacation fund, and spend the rest on whatever overage I end up with on the bike repairs.
So yeah -- that's really about it! The sad part is, it's too cold and snowy for me to even be able to ride the bike to the shop -- I'm going to have to get it towed. What a shame eh?
clicketysplit 10-29-2009, 03:24 PM Well, I thought I'd post another little update.
I'm about halfway through my physio, it's going OK I guess, though it feels like the back/shoulder issue is getting worse. The doc says it's going to get worse before it gets better. She has me booked into massage too -- with a dude named Paul *cringe* -- but I'll just have to deal with it I guess. I might go for another massage with someone less masculine just to erase the memory of Paul.
Anyway, this is interesting. We were over at our friends the other night, and my buddy's wife happens to be a cop (undercover, auto-theft task force). So I told her the story, and how the cops wouldn't charge the guy. Wow, she freaked out. She explained to me that the law works on the basis of Actus Rea and Mens Rea... basically if you're guilty of an act, and if you have internalized the guilt of the act (as the perpetrator did in my case), then you can be charged in Canada, regardless of whether the evidence is really there. So, she DEMANDED that I send her my police and accident report, and she actually contacted the original officers and asked them to charge the dude. So that's kinda interesting.
My friend also suggested that I wait for the outcome of the charge before I take a settlement from the other guys insurance company. Basically, they're likely going to just try to cut a cheque for me with the hopes that I won't pursue it any further. So, the plot thickens a bit.
Bikes in the shop, I'm going to go pay it a visit today. :)
a4naught 10-29-2009, 03:48 PM Yes! Finally. A voice of reality. Excellent. Indeed, if charges CAN be filed afterall, absolutely hold off any settlement. This is very good news. Perhaps this old dude will get his comeuppance afterall.
Hang tough with the physio. Soft tissue damage takes more time than would seem.
Good to hear all this, good to hear.
clicketysplit 12-15-2009, 11:29 AM Well, this is the postscript I suppose -- about 3 months after the accident.
Bottom line is that the insurance covered 21 sessions of physiotherapy and about $1000 in repairs to the bike. I also took the opportunity to do some additional modifications (Photos available here: http://www.honda599.com/forums/showthread.php?t=6761).
In my province there is a 'cap' on soft-tissue claims, and the insurance adjuster called today to inform me that they are offering me the maximum under the law (about $5000), in addition of course to my treatment and repairs. There is a possibility of rejecting the offer, hiring a lawyer, waiting two years, and then suing -- but about half of the cases that go this route end up with something at the cap or very near to it anyway.
So, I'll probably end up accepting the offer, and being done with it. As far as the bike goes all seems good, though now that its winter I won't really be doing any riding until April or May likely. My shoulder still bugs me from time to time -- like if I reach to a high cupboard or overdo it at the gym, but so far it's nothing that rest, robaxacet and a heating pad won't alleviate.
I also heard from my friend at the Calgary Police Service that the original attending officer had planned to return to the culprit to charge him with dangerous driving and leaving the scene of an accident. Though I haven't been able to confirm if that actually happened. I suppose that's a bit out of my hands now. I suspect that his insurance company offered me the maximum amount because they may anticipate charges to be laid, which could, in theory give me a stronger case down the road. At this point though, I think I just want to be done with it, and move on.
One of the negative impacts of this entire episode is that I was unable to complete all 12 photoshoots for a 2010 calendar, since my bike was in the shop. However, I am continuing to line up models, and hopefully I'll be able to produce an even better one for 2011.
And that, my friends, is the end of this story.
a4naught 12-15-2009, 09:44 PM Well, it sounds like it's turning out ok in the end, despite the aggravation of the start. Especially if they do get some charges filed against the old miscreant.
Hopefully, in time, the shoulder will iron itself out (keep the strength training up on it, especially with a shoulder--so unsupported).
Bike DOES look swank, man. Very nice. Glad both you and the bike are ok.:thumbsup Such a saga, eh?
JillGat 02-04-2010, 08:17 PM Why did you put your left hand on the front brake?
a4naught 02-04-2010, 08:32 PM Wow Jill. I had to cruise the entire thread all the way to the top to find that. I'm guessing it was a typo/brain-o. Eagle eye. All I could think was "what tha'…?"
clicketysplit 02-05-2010, 09:40 AM No, not a typo. Because I have monkey-like long arms I typically ride with them crossed in front of me.
JillGat 02-05-2010, 11:18 AM No, not a typo. Because I have monkey-like long arms I typically ride with them crossed in front of me.
Cool! Maybe you should start riding while facing backwards... then you'd know someone is about to hit you from behind.
clicketysplit 02-05-2010, 11:37 AM Yes, some other members have already pointed out that I ought to have been aware that someone was coming up from behind. *Shrug* -- not much I could have done even if I had seen him creeping up -- what was I to do, shoot out into oncoming traffic?
JillGat 02-05-2010, 01:39 PM I was kidding about you riding backwards (so seeing the guy coming at you), just like I assumed you were kidding when you said you ride cross-armed? If someone hits you from behind - at least in the US - it is THEIR fault. And if they bump you twice, as happened to you, and then drive off, they ought to have their license taken away. At the very least.
clicketysplit 02-05-2010, 02:42 PM I had a good talk with the fellow's insurance adjuster about that. She said that the company he is with 'specializes' in retired soliders, police officers, commissioners and other po-po types.
So, he was charged, his rates will go up astronomically, and hopefully his children will have the sense to pull him off the roads. I agree totally (and I've expressed it in other 'accident' threads involving seniors), that the license should be revoked --- or at the very least seniors of a certain age (even 65 wouldn't be unreasonable in my opinion -- based on the hearing ability of my own father), should have to have bi-annual license examinations. Not just eye-exams, but they should actually have to go take the driving test again.
I have no doubt that I was lucky in this case. I'm lucky that when he pushed me out into oncoming traffic and my bike stalled, that there was no-one actually in the lane at the time. I'm lucky he didn't hit me harder. And I'm lucky that I was able to ride and track down the bastard's plate number.
I imagine the laws are very similar in the US and Canada, and I imagine the police use their discretion in the same way -- especially if they are maybe dealing with a retired officer.
dabinche 02-08-2010, 12:23 AM I had a good talk with the fellow's insurance adjuster about that. She said that the company he is with 'specializes' in retired soliders, police officers, commissioners and other po-po types. ...I imagine the police use their discretion in the same way -- especially if they are maybe dealing with a retired officer.
this could be why he wasn't charged in the first place. You know the "boys club" mentality. Or was the british officers partner the french half?
I was almost rear ended once by an old dude. I was sitting at the red light then all of a sudden squelching tires looked to my right and an old dude slides by with rubber smoke half way thru the intersection. Good thing was that I was all the way on the left side of the lane and he had just missed me by a few inches.
JillGat 02-08-2010, 06:42 AM Good reason to tap on the brakes a few times (to flash the brake lights) if you detect that somebody behind you might be clueless. Getting hit from behind is a real fear, because there is so little you can do to prevent it.
Polonius 02-08-2010, 05:37 PM Yeah, seriously. Instructors always tell you to be in gear, etc, etc so that you can escape if you see it coming. I keep my eye on my mirror for that reason, but holy crap - people come up fast ALL the time. Makes me wish we could lane split so I'd be 3 cars up in the middle.
a4naught 02-08-2010, 07:36 PM Besides not being seen in general, the HFB is definitely my worst fear. And I've noticed, as mentioned, cars do come up fast all the time, making it really tough to gauge. I do the tap tap, when I'm concerned (brake light on the UFO adds a little too), and tend to stay to the sides when behind cars, just in case I need an escape. Yes, perhaps that much less prominent in the lane, but it gives me a bit more peace of mind. Though we are the only state with the legal lane split, I don't use it much at stops as there often is not as much space between lanes to make me comfortable with my wider than stock mirrors (I do, however, tend to leave more room between me and the front car than I would in my car).And, I admit it feels strange to me, though I watch bikes do this all the time around me legally.
Nerve wracking. I think I need to work the lane split at the stop more. Stupid cars.
motorico 02-09-2010, 11:03 AM Besides not being seen in general, the HFB is definitely my worst fear. And I've noticed, as mentioned, cars do come up fast all the time, making it really tough to gauge. I do the tap tap, when I'm concerned (brake light on the UFO adds a little too), and tend to stay to the sides when behind cars, just in case I need an escape. Yes, perhaps that much less prominent in the lane, but it gives me a bit more peace of mind. Though we are the only state with the legal lane split, I don't use it much at stops as there often is not as much space between lanes to make me comfortable with my wider than stock mirrors (I do, however, tend to leave more room between me and the front car than I would in my car).And, I admit it feels strange to me, though I watch bikes do this all the time around me legally.
Nerve wracking. I think I need to work the lane split at the stop more. Stupid cars.
I thought California only has lane splitting because it's not illegal.
Asphalt_in_SF 02-09-2010, 12:39 PM One of the negative impacts of this entire episode is that I was unable to complete all 12 photoshoots for a 2010 calendar, since my bike was in the shop. However, I am continuing to line up models, and hopefully I'll be able to produce an even better one for 2011.
And that, my friends, is the end of this story.
2011, what! Unacceptable. You have just reduced the 599 North American print advertising forecast by 100%. I'll hope for a Spring supplemental at least. Refrigerator calendar magnets?
a4naught 02-09-2010, 04:25 PM I thought California only has lane splitting because it's not illegal.
Besides the semantics, what are you asking? As far as the law is concerned if a thing is not illegal then, it's legal. The cops can always pull or ticket you if you do it in an unsafe manner. But, anecdotally speaking, not only do I see the lane split all the time, but also in full view of police. And, I've discovered that more than a few times folks will actually move over in their lanes to give you more room to split, once they see you coming up. Especially if they either have stopped due to a lack of room. I've had guys actually pull in their mirrors so I could pass. Sorta nice in the sea of other pitfalls.
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