g_frank_nin Posted October 20, 2007 Posted October 20, 2007 Three weeks ago on Sep 29th I was meeting some friends at Starbucks. Perfect riding day temperatures in the 70’s clear skies, we where planning on riding to the coast for the day. After coffee, I mounted my bike backed it out of the stall into the thoroughfare and waited for a minute or so for traffic around the parking lot to clear and other members of the party to get on their bikes and ride off. I was stopped and had my head turned away from the parked car about five or six feet to my right, I was looking towards the parking lot waiting for my turn to go. It was busy, there where several cars waiting for a spot to park into and other customers moving in and out of their stalls. Suddenly I heard someone yell “hey, hey HEY!” and another car tap their horn for a couple of horn blasts and POW! During the time I waited for traffic to clear so that I could go (about one minute or minute and a half tops) a young gal (24 years old +/-) walked out of Starbucks… witness say she had a cup of coffee in one hand and a cell phone to the ear on the other… she got on her parked car, placed it on reverse and plowed over my bike! Knock me into the ground ran over the bike and then, after the impact, pulled forward again out of the way. At the time I was hit I was in the main parking lot thoroughfare and she was in her stall… my insurance company is not holding me at fault since she had the duty to make sure the thoroughfare was clear before backing out of the stall. My bike was clearly visible from the sidewalk that she walked on, her parking stall (as she entered her car) and her car’s rear view window. She just did not take the time to look. But five people did and they witnessed the event. I got slammed to the ground and pinned under the bike which at some point was almost up side down. This little mishap caused $3400 in damage to the bike. Damage to both valve covers and their guards, damage to the front suspension, more damage to the windshield and its support brackets, to the saddle bags railings (I left the bags home that day), had two broken rear turn signals also damaged the handlebar weights, both mirrors and the clutch lever. Unbelievable I came out with hardly a scratch. I was wearing my Joe Rocket gear and a scorpion full face helmet. I believe the boxer twin design may have saved my leg from getting crushed; the valve cover took the hit instead. Her car’s bumper (plastic) was split in half. Afterwards I was a little disoriented but had no injuries to speak of (my knee was a little sore and witnesses tell me my head and helmet hit the ground – scratches in the helmet confirm that.) Later that day my neck was also sore… kept me from getting a good night’s sleep for a few nights. Who would have guessed… the girl was driving around on an expired insurance. So that’s $500 cost to me (my deductible) and the insurance company came real close to totaling the bike but they are going to fix it after all. They are also replacing my helmet. This past three weeks I’ve been working with my insurance company to get the bike fixed and nobody is willing to give me any information about the gal that hit me because the current laws that protect privacy have to protect her but I guess there aren’t any laws to protect the victim. I have her cell phone, her insurance polity number (expired) and her driver’s license had a PO Box for an address… and I’ve called her several times but she’s not answering her phone. I’m going to turn her in to the DMV for driving on an uninsured vehicle (illegal in California) and I think they will pull her license but I’m not sure what’s going to happen and as far as my $500 deductible. I’ll probably have to eat it… too bad I guess.
tgrrdr Posted October 20, 2007 Posted October 20, 2007 Who would have guessed… the girl was driving around on an expired insurance. So that’s $500 cost to me (my deductible) and the insurance company came real close to totaling the bike but they are going to fix it after all. They are also replacing my helmet. I’m not sure what’s going to happen and as far as my $500 deductible. I’ll probably have to eat it… too bad I guess. glad you OK and good luck with the bike. maybe 10 years ago I was on a dirt forest service in northern California, headed up hill. A guy in a home made looking dune buggy was coming down hill too fast to stop and crashed into my front bumper. Broke my grill, dented the radiator etc. (damage over $500). I got his name, address, phone number etc. and turned it over to my insurance company when I got home. My collision coverage paid for all but $500 of the repairs. Eventually they determined that he was uninsured and my uninsured motorist coverage reimbursed the $500 deductible.
EffBee Posted October 20, 2007 Posted October 20, 2007 September 29th was a Saturday. Generally a day off for most folks. People are creatures of habit. Swing by that Starbuck's at about the same time and see if she doesn't show up. I don't drink coffee, but I understand that a Starbuck's fix is a pretty serious need. And next time, pay for the UIM deductible waiver on your policy. Estimates are that some 30-35% of the people out there don't have insurance. Glad to hear you're coming out of this OK and that your bike is going to be fixed. I had a real nice lady knock me and my bike over in a parking lot once, outside a Mexican restaurant. She got distracted by some handsome paramedic. Next thing I know, my bike and I are on the ground. Almost $5K in damages. Fortunately, she was one of the good ones with insurance.
upflying Posted October 20, 2007 Posted October 20, 2007 "I’m not sure what’s going to happen and as far as my $500 deductible. I’ll probably have to eat it… too bad I guess". You or your insurance company can sue her in small claims to recover your deductible. Sadly about 20-25% of drivers drive while uninsured in California. Your insurance company should file papers with DMV (I think it is an SR-1 form) advising them the other driver was uninsured. DMV will suspend her drivers licesne but many such scofflaws ignore the notices. A bad combination of distracted driving circumstances, cell phone plus Starbucks. You could predict what would happen.
eddd Posted October 20, 2007 Posted October 20, 2007 ...I’m going to turn her in to the DMV for driving on an uninsured vehicle (illegal in California) and I think they will pull her license but I’m not sure what’s going to happen and as far as my $500 deductible. I’ll probably have to eat it… too bad I guess. Glad you weren't more seriously injured. If they pull her license she'll likely ignore that just like like she ignored the mandatory insurance. Uninsured motorist are a major problem in my area. You can go to any one of the many insurance sellers, pay for a 30 day policy so you can get your license renewed, and then drive for the rest of the year without insurance. A gigantic loophole that is well known, but nothing is done about it. No insurance? No license? DWI? Impound the car on the spot. Return it with proof of a nonrefundable 12 month policy. Same for a valid license. DWI...return it after completion of any sentence and alcohol treatment. End of rant. Thanks, I feel better.
upflying Posted October 20, 2007 Posted October 20, 2007 Here is the collision report form: http://www.dmv.ca.gov/forms/sr/sr1.pdf
270 Posted October 20, 2007 Posted October 20, 2007 I can tell you this, at least in my state (Texas), Uninsured Motorirst will double the normal comp/collision premium! That's freakin' scary. I pay ~$350 per bike with the highest liability limits without UIM. I'm not sure why I have to pay for uninsured motorist as the state doesn't seem to be able to control them. If an uninsured motorist does more than $500 worth of damage, why isn't that a felony? If they stole that much from me in property or cash it would be. Perplexing... AD And next time, pay for the UIM deductible waiver on your policy. Estimates are that some 30-35% of the people out there don't have insurance.
smiller Posted October 20, 2007 Posted October 20, 2007 If they pull her license she'll likely ignore that just like like she ignored the mandatory insurance. Uninsured motorist are a major problem in my area. You can go to any one of the many insurance sellers, pay for a 30 day policy so you can get your license renewed, and then drive for the rest of the year without insurance. A gigantic loophole that is well known, but nothing is done about it.Actually, legislation has been passed to address this loophole, and will be implemented as soon as they can get the bugs out of the verification system. And Texas law does allow for impound of a vehicle on the second offense of driving without insurance. The problem is that the law often isn't enforced because the number of uninsured drivers is so high that most municipalities do not have adequate storage facilities to accommodate them all.
duckbubbles Posted October 20, 2007 Posted October 20, 2007 I can tell you this, at least in my state (Texas), Uninsured Motorirst will double the normal comp/collision premium! That's freakin' scary. I pay ~$350 per bike with the highest liability limits without UIM. I'm not sure why I have to pay for uninsured motorist as the state doesn't seem to be able to control them. If an uninsured motorist does more than $500 worth of damage, why isn't that a felony? If they stole that much from me in property or cash it would be. Perplexing... The Uninsured vehicle should be impounded immediately and not released until the owner shows proof of a full year of insurance PAID IN FULL and no cancellation is allowed. A second offense should get severe. I've been riding/driving for 43 years and have not spent one minute in uninsured status. Why should I pay for someone's outlawed behavior? Frank
Bill_Walker Posted October 20, 2007 Posted October 20, 2007 You have my sympathy. My daughter had virtually the same thing happen to her (oddly enough, it, too, was just outside a Starbucks!). Luckily my daughter was in a car, and the damage was very minor. The perp acted like she was getting out her insurance info, waited till my daughter got out of her car, and then took off. My daughter got the license number, and when the cops ran it, it came up as expired registration, registered to a driver with a revoked license and a past citation for driving without a license.
MAT2CHI Posted October 21, 2007 Posted October 21, 2007 In California you are required to notify the DMV within so many days if you are involved in an accident that has more than $500 damage. Since you have her drivers license number and could get a copy of the accident report, you could be a good Samaritan and notify the DMV for her.
Baba_ORiley Posted October 21, 2007 Posted October 21, 2007 No insurance? No license? DWI? Impound the car on the spot. Return it with proof of a nonrefundable 12 month policy. Same for a valid license. DWI...return it after completion of any sentence and alcohol treatment. Actually, that is the way it is supposed to work here, at least for the uninsured part: Since January 1, 2006 San Antonio police officers have been given the authority to have vehicles of uninsured drivers towed. If a driver fails to show proof of insurance (financial responsibility) the officer is able to have the car towed to the city impound lot. In order to get a car out of the impound lot the driver must pay all applicable fines and fees as well as show proof of current insurance, a valid driver's license or ID card and proof of ownership on the vehicle. It made big news stories when first implemented, but I'm not sure on the current status of how this law is enforced. .
knight88 Posted October 22, 2007 Posted October 22, 2007 This is weird, I also had some a-hole actually reverse out of their stall without looking behind and ran into me at starbucks.Yes they also had a coffee and was on the phone. I guess if you don't look to see if there is anyone behind you, don't worry it ain't there.
ShovelStrokeEd Posted October 22, 2007 Posted October 22, 2007 Had that happened to me, I would certainly be under arrest for battery as either the cell phone or the coffee cup, possibly both, would have wound up in a new role as a suppository. Knock me and my bike over because of inattention? Your gonna get a beating. I've been in jail before, it ain't that bad.
TomSS Posted October 22, 2007 Posted October 22, 2007 Does anyony out there have a proximity jammer 50-100 ft? Too many folks out there are distracted from driving duties talking. I'm including Betty Sue and Bubba. I can't install the train horn on my RT or Passat, can I?
Tipover_Bob Posted October 22, 2007 Posted October 22, 2007 This is weird, I also had some a-hole actually reverse out of their stall without looking behind and ran into me at starbucks.Yes they also had a coffee and was on the phone. I guess if you don't look to see if there is anyone behind you, don't worry it ain't there. Knight: The good thing about coffee places is you don't slide so far, lol. Tipover Bob
flars Posted October 22, 2007 Posted October 22, 2007 You're lucky she didn't scald herself after spilling her coffee. Then you would REALLY be in trouble.
duckbubbles Posted October 22, 2007 Posted October 22, 2007 Does anyony out there have a proximity jammer 50-100 ft? Too many folks out there are distracted from driving duties talking. I'm including Betty Sue and Bubba. I can't install the train horn on my RT or Passat, can I? And what is the first response of the person that has lost the signal? You must look at the cell phone and try to dial again, and then fiddle around with it some more. I don't disagree with you, I'd love to have a jammer on my person at all times. But after observing and thinking about it, it may cause just as many problems. Frank
mefly2 Posted October 23, 2007 Posted October 23, 2007 Thanks for alerting us to just one more danger to be alert for and be made aware of.
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