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evldave 05-08-2007 04:41 PM

Hummer 1, Motorcycle 0
 
3 Attachment(s)
Well, got rear-ended by a motorcycle last night. Had to stop for traffic and he wasn't paying attention. He bounced off my passenger rear fender and went down in the lane next to us. Luckily, no one ran him over.

He was driving a very nice BMW, scraped up pretty good, broke my fender off and bent a piece of plastic trim. He was ok, some scrapes and bruises.

So now he wants to avoid insurance and pay the $500 or so for the repair out of pocket. I've been screwed on this before, but realistically it keeps it off both our records. He was totally cool, apologized, is willing to give me $500 cash in earnest money and is willing for me to go to any shop I choose. Any thoughts on the subject?

marin8703 05-08-2007 05:13 PM

Re: Hummer 1, Motorcycle 0
 
well first of all make sure you have an accident report done whether you file an insurance claim or not, or if not that, some other proof that the accident occured. and since he is cool with going to any shop you want, pick a good reputable shop and ask him to pay you the estimate value that the shop gives before work actually starts, otherwise he may change his mind once work starts, donno if it makes a difference but i wouldnt have him in contact with the shop at all, just show him the stimate. This would be better than going through insurane since they will make you got where they want and their shops arent always the best.

TANDREW 05-08-2007 05:21 PM

Re: Hummer 1, Motorcycle 0
 
Hey it's not your fault and it shouldn't affect your insurance. Looks like there's more than $500 damage to me, now adays it's expensive for any repairs.

NewHummerGuy 05-08-2007 05:22 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by evldave
Well, got rear-ended by a motorcycle last night. Had to stop for traffic and he wasn't paying attention. He bounced off my passenger rear fender and went down in the lane next to us. Luckily, no one ran him over.

He was driving a very nice BMW, scraped up pretty good, broke my fender off and bent a piece of plastic trim. He was ok, some scrapes and bruises.

So now he wants to avoid insurance and pay the $500 or so for the repair out of pocket. I've been screwed on this before, but realistically it keeps it off both our records. He was totally cool, apologized, is willing to give me $500 cash in earnest money and is willing for me to go to any shop I choose. Any thoughts on the subject?



Looking at those pics I would have to guess cost of a quality like new repair is gonna exceed 500 bucks. I am thinking more of 1000+. Just my thoughts.

Mr_Pat 05-08-2007 05:25 PM

Re: Hummer 1, Motorcycle 0
 
Screw him, he is not your friend, do it the right way File a report, call insurance etc... The only one who can get f'ed over in the long one is you for being a nice guy.

Remember nice guys finish last.

wannabeH3 05-08-2007 05:28 PM

Re: Hummer 1, Motorcycle 0
 
you need to get a police report, at the least. but the fact is if you havent done it yet, then it may be too late and the guy can probably do whatever he wants.

Hummer Guy 05-08-2007 05:42 PM

Re: Hummer 1, Motorcycle 0
 
It looks like it'd be a little over $500 -- maybe in the 6-700 range. That's if all it needs is a new fender, paint the fender, and that back corner plastic piece. If there's more damage on the body outside the fender or more on the rear bumper it'd probably be more.

H3.007 05-08-2007 05:51 PM

Re: Hummer 1, Motorcycle 0
 
I am not an expert body repair tech, but I had a comparable amount of damage done to my front end and the expense was around $1,400.:crying:

timgco 05-08-2007 06:02 PM

Re: Hummer 1, Motorcycle 0
 
Your over 1K easily for that! Keep his motorcycle until the repairs are paid for in full. :perfect10s:

Steve - SanJose 05-08-2007 06:15 PM

Re: Hummer 1, Motorcycle 0
 
Bummer, could easily be $1000+ in repairs.

dеiтайожни 05-08-2007 06:29 PM

Re: Hummer 1, Motorcycle 0
 
Don't you watch the People's Court?! :twak:

HummerHippy 05-08-2007 06:40 PM

Re: Hummer 1, Motorcycle 0
 
I'm guessing he didn't want to go to jail for driving w/o a license. :)
I'd avoid it all and do it the right way, thru ins. Cover your tracks.
Or $2000 cash. Take it or leave it. :)

ChiHummer3 05-08-2007 07:00 PM

Re: Hummer 1, Motorcycle 0
 
Ouch! That's some good damage from a bike!

Hopefully you got a police report. I agree with the previous posts - the only one who can get screwed in this is you. Hopefully the guy won't turn into a jerk and he'll come through on his promise to get things taken care of.

Looks like way more than $500 damage though. I'd get an estimate immediately and make him give you the money up front. If he starts giving you stories about giving you the money next week when he gets paid, call the insurance company ASAP!

evldave 05-08-2007 07:22 PM

Re: Hummer 1, Motorcycle 0
 
As an fyi, not visible in the pics, the rear flare is held in place w/snap-clips. The flare itself is only slightly dented, but it popped out the clips, making the flare hang out (it looks better now, I put one clip back in). It looks like just two pieces need to be replaced, the flare and the rear plastic fender attachment piece (?).

Sent pics to a local repair shop, $482. Called the dealer they said about $500 for the flare and rear corner. I meet w/the guy after work today, he's giving me $500 + a written statement of his fault & liability. I told him that works for me, but I'll file a police report and insurance claim if he tries to screw me (I have 72 hrs for the police report and it's only required for >$1500 damage).

I'd prefer to not deal w/the insurance too (I HATE insurance companies), so as long as he's up front w/the written statement I'm ok (I have a notary friend, I might bring her along too). I can always come back to the insurance company later if he tries to screw me. We'll see if he comes through this afternoon as he says he will:shhh:

H3less 05-08-2007 07:42 PM

Re: Hummer 1, Motorcycle 0
 
Be very aware, I was a nice guy a couple of months ago and thought I was pretty high on the estimate, even called a buddy with a dealership to get the cost. After all was said and done it cost me more than we agreed upon, not much but enough to piss me off a little. On the other hand I was grateful that he found me and was honest about backing in to me so I really can't complain.

RubHer Yellow Ducky 05-08-2007 07:45 PM

Re: Hummer 1, Motorcycle 0
 
trust me on this

1. police report, yes now today stop reading and file it now

2. File a claim NOW against HIS insurance(have the police report before calling any insurance, report it to your insurance AFTER you get the police report

He had very minor injuries (DON'T BE A DOPE) minor now, no police report, what happens in 3 hours when he claims YOU backed into him

SORRY I TALK FROM EXPERIENCE

DO IT NOW !!!!!!

Steve - SanJose 05-08-2007 07:47 PM

Re: Hummer 1, Motorcycle 0
 
A lot of blue ink and overreaction. I think EvilDave is handling it well.

Crash ? 05-08-2007 07:50 PM

Re: Hummer 1, Motorcycle 0
 
Copy all info off his DL, get the tag number and the VIN off the bike if you can.. Get pictures of his bike, get pictures of him..

Chances are if he's riding a new BMW, he's on the up and up though.. I've been riding for going on 25 years and I have found very few bikers/motorcyclists/riders that ride a bike that costs in excess of $15000 that will screw ya over intentionally..

RubHer Yellow Ducky 05-08-2007 07:50 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by Steve - SanJose
A lot of blue ink and overreaction. I think EvilDave is handling it well.



Never been SUED by a LIER I see...

TRY IT...

You won't like it


RubHer Yellow Ducky 05-08-2007 07:52 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by Crash ?
Copy all info off his DL, get the tag number and the VIN off the bike if you can.. Get pictures of his bike, get pictures of him..

Chances are if he's riding a new BMW, he's on the up and up though.. I've been riding for going on 25 years and I have found very few bikers/motorcyclists/riders that ride a bike that costs in excess of $15000 that will screw ya over intentionally..



But not 100 %, RIGHT !!!

Crash ? 05-08-2007 07:55 PM

Re: Hummer 1, Motorcycle 0
 
Actually in the case of BWM riders, I'd ALMOST be willing to say 100%.. Sure as I do, I'll find one dealing drugs in front of a day care, from the trunk of his LT on the way home or something..

f5fstop 05-08-2007 07:56 PM

Re: Hummer 1, Motorcycle 0
 
I agree with most everyone. File a complaint (should have been done within the hour after the accident), then get an estimate, then tell the guy how much; then get the cash or file an insurance claim.

Back when I was just out of college (yes there were cars) and home from overseas, I was rear-ended. I stopped, the other guy took off, I had such minimal damage (basically a scratch), I never reported the accident. The other guy did, and stated I drove off.
It took a few days, but the police believed me, and the guy got screwed up with his one witness and the different reports, but at one time I was facing a hit and run charge.
That didn't work, so the guy filed a civil claim. That didn't work because the Attorney found out the hard way that serving me might not be good for his health or the health of his client, thus the case was eventually dropped. Amazing what a few words in a parking structure will do to settle a lot of problems.

Guess what I'm saying is, what I learned that summer, ALWAYS file a report, even if you were the guilty one. Keeps everyone honest, and keeps the cops from calling you at early hours on a Sunday, asking you to come down to the station.

usetosellhummer 05-08-2007 07:58 PM

Re: Hummer 1, Motorcycle 0
 
You are playing with fire, use your head not your heart. report and file or he could come back and make your world a bad place to be.
now call your agent after a station report to the police. NOW

RubHer Yellow Ducky 05-08-2007 08:04 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by usetosellhummer
You are playing with fire, use your head not your heart. report and file or he could come back and make your world a bad place to be.
now call your agent after a station report to the police. NOW


Didn't i say that but in blue...

evldave 05-08-2007 08:06 PM

Re: Hummer 1, Motorcycle 0
 
Well, I have the names/numbers of 2 witnesses who both will attest I was pretty much stopped when he hit me. I have the name/number of the ambulance medic that was called to the scene. He (the motorcycle driver) signed a 'refusal for medical treatment' form or whatever because they wanted to take him to the hospital just to make sure. I have the name/number of the state patrol officer who responded to the scene. I have the guys driver's license, registration info, his address, etc. This afternoon, (hypothetically) I'll have a signed statement from his stating the wreck was his fault and releasing me from liability.

I do NOT have his insurance card, because he didn't have it at the time - he may not have motorcycle insurance (not a requirement in washington) and doesn't want to have to deal w/my insurance company. That may very well be the issue, I will ask him this afternoon when I see him. If he doesn't and I get the statement from him, $$$ for the repair, and he's still cool about the whole thing, I think I've protected myself pretty good and cut the guy some slack. Karma can be a good thing :) I've got uninsured motorist on my insurance, but I'll bet a case of beer if I file a claim I'll have to pay somewhere down the line in increased rates, etc (actually everyone will have an incremental increase in their rates because of the overhead). This seems like a good balance between risk vs hassle. Time will tell...

oh, and I have been sued before (not for an accident) and it generally sucks. I have also had to file claims w/insurance companies and have been completely screwed by them too (my own f'ing insurance company no less!). Either way, getting into an accident sucks ballz.:rant:

DRTYFN 05-08-2007 08:10 PM

Re: Hummer 1, Motorcycle 0
 
You should have just backed over him and you wouldn't have this problem.;):jump:

usetosellhummer 05-08-2007 08:13 PM

Re: Hummer 1, Motorcycle 0
 
Hay, would you lend me some money? I'm good for it....:OWNED:

Matt19 05-08-2007 08:22 PM

Re: Hummer 1, Motorcycle 0
 
Actually, even if it isnt your fault, your insurance company can still change your policy or drop you if you put in too many claims. So, if you really cant trust him, then file.

It cant hurt to file a police report, thats basically your insurance that he is at fault.

As for repairs, try a hummer body shop at some hummer dealors, they would put on manufacture parts. Some non-manufactured parts void warranties right???

But i could be talking out of my ars.:shhh:

evldave 05-08-2007 08:26 PM

Re: Hummer 1, Motorcycle 0
 
Yeah, my biggest concern is my insurance going up. I've had 2 claims in my whole life (one that I lost in court 10 years ago), but don't want have my insurance company screw me over by raising my rates even though it wasn't my fault.

Seems like the best path (yes, I'm wishy-washy on this subject) would be file police report, then go outside insurance company to get it fixed. That protects me from him blaming me, but also stays out of any potential uninsured motorist issues (if that's the case)...:confused:

This whole situation is :lame:

Viet Nam Vette 05-08-2007 08:29 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by RubHer Yellow Ducky
trust me on this


1. police report, yes now today stop reading and file it now

2. File a claim NOW against HIS insurance(have the police report before calling any insurance, report it to your insurance AFTER you get the police report

He had very minor injuries (DON'T BE A DOPE) minor now, no police report, what happens in 3 hours when he claims YOU backed into him

SORRY I TALK FROM EXPERIENCE


DO IT NOW !!!!!!



Do you see What the Duck has posted above.....!!!!

It is all True... !!!! Quit Pooping Around and get on the phone NOW..!!!

Do not be Mr. NIce Guy here.. You will get Screwed..!!!! Potect yourself and your family at all times.

USE THE SYSTEM..
IT's THEIR TO PROTECT YOU..!!!

RubHer Yellow Ducky 05-08-2007 08:41 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by evldave
Well, I have the names/numbers of 2 witnesses who both will attest I was pretty much stopped when he hit me. I have the name/number of the ambulance medic that was called to the scene. He (the motorcycle driver) signed a 'refusal for medical treatment' form or whatever because they wanted to take him to the hospital just to make sure. I have the name/number of the state patrol officer who responded to the scene. I have the guys driver's license, registration info, his address, etc. This afternoon, (hypothetically) I'll have a signed statement from his stating the wreck was his fault and releasing me from liability.

I do NOT have his insurance card, because he didn't have it at the time - he may not have motorcycle insurance (not a requirement in washington) and doesn't want to have to deal w/my insurance company. That may very well be the issue, I will ask him this afternoon when I see him. If he doesn't and I get the statement from him, $$$ for the repair, and he's still cool about the whole thing, I think I've protected myself pretty good and cut the guy some slack. Karma can be a good thing :) I've got uninsured motorist on my insurance, but I'll bet a case of beer if I file a claim I'll have to pay somewhere down the line in increased rates, etc (actually everyone will have an incremental increase in their rates because of the overhead). This seems like a good balance between risk vs hassle. Time will tell...

oh, and I have been sued before (not for an accident) and it generally sucks. I have also had to file claims w/insurance companies and have been completely screwed by them too (my own f'ing insurance company no less!). Either way, getting into an accident sucks ballz.:rant:


Dave the HIGHLIGHTED red was not mentioned before... Myself and i'm gussing others would not have been so strong in our words had you mentioned the red info up front...

Hummer Guy 05-08-2007 08:49 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by evldave
Sent pics to a local repair shop, $482. Called the dealer they said about $500 for the flare and rear corner.


Do I get a prize for being the closest?;)

evldave 05-08-2007 08:52 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by RubHer Yellow Ducky
Dave the HIGHLIGHTED red was not mentioned before... Myself and i'm gussing others would not have been so strong in our words had you mentioned the red info up front...


Yeah, sorry, didn't give you all the info. There are a lot of strongly opinionated people on these forums, so I don't mind (heck I'm one of them sometimes :))

Just got off the phone w/the insurance company to see what they say. They recommended police report NO insurance claim. They count 'accidents' my fault or no and if I had another one in the next couple year (putting me at 3 recent accidents) I'd get screwed on my rates regardless of whose at fault.

Interestingly enough, I called the local sheriff's office, they said to NOT file a police report because it was less than $750 (their cutoff for a requirement).

So the tally is this:

Friends: File police report, don't claim insurance
Hummer forums: File police report, claim insurance (mostly)
My Insurance: File police report, don't claim insurance
Police: Do nothing, eat donuts

hmmm, decisions decisions....

Wisha Haddan H3 05-08-2007 08:58 PM

Re: Hummer 1, Motorcycle 0
 
1 Attachment(s)
I guess you're doing the basics, but what happened to you, evldave? It's like you're turning into the diet coke of evil. Only one calorie ... not quite evil enough. Go back to your evil ways and cover your a$$.

As Lord Helmet says ...

dеiтайожни 05-08-2007 09:01 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by evldave
Friends: File police report, don't claim insurance
Hummer forums: File police report, claim insurance (mostly)
My Insurance: File police report, don't claim insurance
Police: Do nothing, eat donuts


I have put the obvious choice in bold. There is something you should know about us Hummer folk by now, we are always right.. even when we are wrong. AND REMEMBER... THE LARGER AND MORE COLORFUL THE FONT, THE MORE WEIGHT IT GETS IN THE DECISION.

RubHer Yellow Ducky 05-08-2007 09:02 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by evldave
Yeah, sorry, didn't give you all the info. There are a lot of strongly opinionated people on these forums, so I don't mind (heck I'm one of them sometimes :))

Just got off the phone w/the insurance company to see what they say. They recommended police report NO insurance claim. They count 'accidents' my fault or no and if I had another one in the next couple year (putting me at 3 recent accidents) I'd get screwed on my rates regardless of whose at fault.

Interestingly enough, I called the local sheriff's office, they said to NOT file a police report because it was less than $750 (their cutoff for a requirement).

So the tally is this:

Friends: File police report, don't claim insurance
Hummer forums: File police report, claim insurance (mostly)
My Insurance: File police report, don't claim insurance
Police: Do nothing, eat donuts

hmmm, decisions decisions....


LISTEN to this WISE OLD MAN...

1. file police report
2. file claim with his insurance company (there is no law
that i'm aware of that says you can't file against his
company.

In 2006 a DIRECTV Truck rear cornered my Camry (sold) at anout 5mph ($3000 damage) I got police report, advised my insurance GEICO but made the claim against DIRECTV. They paid entire bill, 100%. After I was satified I notifed GEICO that all was well,

NO PROBLEM they said...

evldave 05-08-2007 09:08 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by Wisha Haddan H3
I guess you're doing the basics, but what happened to you, evldave? It's like you're turning into the diet coke of evil. Only one calorie ... not quite evil enough. Go back to your evil ways and cover your a$$.

As Lord Helmet says ...


You know it's interesting you bring this up. Just this morning, on my daily coke run (not THAT kind of coke) I pressed the wrong button and got coke ZERO. First time in 10 years at work that I've pressed the wrong button. Maybe coke ZERO is actually a terrorist plot to use bioweapons to weaken american resolve to the point where we just stop caring.

f5fstop 05-08-2007 09:13 PM

Re: Hummer 1, Motorcycle 0
 
WTF is coke ZERO?

Steve - SanJose 05-08-2007 09:16 PM

Re: Hummer 1, Motorcycle 0
 
Quote:

Originally Posted by RubHer Yellow Ducky
Never been SUED by a LIER I see...

TRY IT...

You won't like it





True, they fear my lawyers.

marin8703 05-08-2007 09:20 PM

Re: Hummer 1, Motorcycle 0
 
I got a question to those who suggested a police report (i did too at the top, but for a different reason). I suggested it so that the guy doesnt claim that there wasnt even an accident at all. It seems that most of you suggest it as a proof of fault. Im a little confused because whenever I have seen an accident report it shows no indication of fault on it.

Maybe im missing something. All it has is the two drivers informations, the damage, date time location, witness names, names of people that were injured/died, and on the back your supposed to draw how it happened (you do this yourself, not an officer, and separately from the other driver so they may differ), and then your supposed to send it in to police hq. Im in chicago, and theres thoudands of accident per week, i think you have 7 days to file a police report after the accident. The whole process seems very disorganized.

So im not clear on how the report assigns blame, and i doubt when its sent in to police hq after you draw a pic on the back that they investigate thousands of reports weekly. I have noticed that the person who seems to be not at fault is usually listed as driver 1, is that how it is assigned, #1 no fault, #2 at fault. can someone clear this up?

another question, i have never personally filed an insurance claim so here it is. when you want to file a claim and the other driver is at fault, such as in evldave's case, do you contact your agent so he can start the process or go directly to the other drivers insurance company and file the claim there? I ask this because my dad, and a buddy (two separate occasions) were told by Allstate agent to do directly to the other company and file there, is this how it is?

thanks


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