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Bike got destroyed on the freeway...questions on liability

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Old 08-19-2006, 04:53 PM
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Default Bike got destroyed on the freeway...questions on liability

First off, love the forum and all the info. Been coming here for a while now and after all the posts I read here, I decided to sell my VFR and get a Fireblade.

I purchased an 06 1000rr 2 weeks ago and last night it got completely destroyed by another car.

I was riding home last night from the club when I came up to a white lexus stalled in the HOV lane. I almost hit him but luckily, I was going around 55 or so (breaking in my bike, only 450miles). When I pass the car, I notice that the driver and passenger are still inside and that the front end is smashed so I pull to the shoulder and try to assist them. To make a long story short, both passenger and driver manage to get out of the car (but both seem to be in shock). Passenger takes off on foot...driver sits on the shoulder. I check him for injuries, he appears ok but he's otherwise unable to talk. I call 911.

Just then, a Nissan Murano comes down the HOV lane really fast. He sees the Lexus too late (it was blocking the HOV lane) and attempts to swerve out of the way to no avail. He hits the Lexus and then comes down the shoulder towards me. I leap OVER the center divide but the Murano obliterates my bike. As I climb back over the median a Dodge Neon smacks the Lexus (which was in the middle of the highway after the Murano hit it) and that car also came towards me so I jump back over the median. The Neon crashes into the center divide and comes to a halt. Some nice people who saw the accident stop and then proceed to help out by directing traffic using their own cars (nice people i tell you!) and I start checking all the drivers and passengers for injuries after I check myself while we waited for CHP, ambulance and fire dept. They arrive on the scene, clean things up, ask questions and gets traffic going again. I get a ride home from one of the nice people who stopped to help out.

So my question is...what happens and do I get a new bike? I have liability coverage only with my insurance company. The driver of the Lexus that started the whole thing took off on foot. The Murano that hit my bike only hit it because the Lexus caused him to. Who do you think is responsible for my bike? Progressive took all my info and said that the office that would service me is closed on the weekends so I won't get any info till Monday. I'm just wondering if anyone can speculate what happens next...

Thanks!
 
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Old 08-19-2006, 05:08 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

it is the muranos fault and their ins. company should buy you a new bike. it doesnt matter that it only hit you because of the lexus because anytime you rearend somebody you are at fault it doesnt matter if the person cut you off or in this case was at a dead stop on the highway. So the murano will be held responsible. Hopefully they have isurance or you could end up without a bike just for being a good samaritan.
 
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Old 08-19-2006, 05:11 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

sorry to here that man. hope it all works out for you.
 
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Old 08-19-2006, 05:16 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

xDillionX is right. Its the nissians fault. It doesnt matter if the lexus was doing donuts in the middle of the road, the nissian has the be traveling at aspeed which can be controlled, and if he hit ur bike, its his fault. CHPshould have their ins. and personal info so you shoul dbe able to file a claim and file a police report. Filing a police report is the first thing you nbeed to do. That wayyour insurance company will not charge, and the other wil know what happened
 
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Old 08-19-2006, 05:23 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

Even though the lexus driver took off they can find his insurance company and bill them. My guess is he didn't have insurance though since he took off. You live in CA right? You might have to go to court to get your money if he didn't have insurance and you didn't have uninsured motorist on your policy. I doubt it will happen but there is a small possibility you could get screwed out of a bike.
 
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Old 08-19-2006, 05:30 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

Ok. According to CHP, they should have a report ready in a couple of days. CHP took down the info of all the cars and drivers (that remained) so I can just get the info from them? The Murano was brand new, still had dealer plates and all so I assume he has insurance. The guy gave me his phone number so hopefully between him and CHP, I can get things squared away.
 
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Old 08-19-2006, 05:37 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

The insurance will cover it, might be a few $$$ away from buying a brand new bike again but you should get most of it.

Good luck man, and atleast you werent on the bike!
 
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Old 08-19-2006, 06:03 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

thanks! i'm grateful to be alive

Do you know if I have to file anSR-1 form with the DMV even though I didn't do any damage?
 
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Old 08-19-2006, 06:08 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

Didnt the cops come? they usually take care of that kind of stuff.
 
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Old 08-19-2006, 06:15 PM
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Default RE: Bike got destroyed on the freeway...questions on liability

this is why i opted for GAP insurance
 


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