Bike got destroyed on the freeway...questions on liability
Havoc is right. Joerockets, I am assuming that you called your insurance company right after all this happened. They should send someone out to look at your bike and determine whether or not it is a total loss. How did it get to the storage yard?
My advice for ANYONE who goes down and the bike is a possible total loss. 1. Have the bike towed to your house (you have to pay for it but your insurance will reimburse you under your collision coverage) 2. Call your insurance company immediately and advise them that it is a possible total loss.
If you voluntarily have it towed to a yard, you might be responsible for the costs. If the CHP had it towed, you might be covered under your insurance. Each company is different.
Finally, for those of you who do not know this, The DMV will refund your registration fees (minus a small admin fee) if your bike is a total loss as determined by your insurance company, AS LONG AS, the bike was not destoyed while you were intoxicated.
Hope this info helps-
My advice for ANYONE who goes down and the bike is a possible total loss. 1. Have the bike towed to your house (you have to pay for it but your insurance will reimburse you under your collision coverage) 2. Call your insurance company immediately and advise them that it is a possible total loss.
If you voluntarily have it towed to a yard, you might be responsible for the costs. If the CHP had it towed, you might be covered under your insurance. Each company is different.
Finally, for those of you who do not know this, The DMV will refund your registration fees (minus a small admin fee) if your bike is a total loss as determined by your insurance company, AS LONG AS, the bike was not destoyed while you were intoxicated.
Hope this info helps-
As far as the storage you will are being billed for it so I suggest you take your bike out as soon as possible. The storage and tow fees add up quickly. I got in a wreck last month and I had to pay $220 to the yard and the bike was there for two days. Since you only have liability on the bike you are pretty much on your own. I only had liability on my bike and unfortunately the office found me at fault so I have to pay to fix my bike. In your situation the Murano may be at fault and their insurance should cover your loss. Best thing to do is to call the CHP office every day and check on that report. It will list who is at fault. Worse case scenario is you will have a big lump sitting in your driveway that you will be paying for the next couple of years if you financed it.
I've called the CHP office and the report still isn't done. I will try again later today. Judging by what people told me, I'm not at fault. Also, the guy in the Murano called me and suggested that my recollection of the accident was different from his. He's not saying I caused the accident but he's trying to make a claim that the Lexus hit him or the Neon hit the Lexus that made it hit him. I made some crude drawings that illustrate the accident they way I recall it
2:15am. I come up on a damaged Lexus. Airbags were deployed, passenger and driver seem dazed. As I get off my bike (megumi) the passenger flees and the driver stumbles onto the shoulder and leans up against the concrete center divide. I call emergency

~2:20am While I'm on the phone with 911, I see headlights off in the distance (the Murano). He doesn't appear to be slowing down at all. That's when time seemed to slow down

~2:21am I see the Murano hit the Lexus, I hear tires squeal before impact. The Lexus spins off into the middle of the freeway. The Murano heads towards me and my bike so I jump the center divide but I do manage to see the SUV swallow my CBR into its hood

~2:22am Another car hits the center divide. I look at the carnage and await law enforcement, fire dept, and paramedics.
2:15am. I come up on a damaged Lexus. Airbags were deployed, passenger and driver seem dazed. As I get off my bike (megumi) the passenger flees and the driver stumbles onto the shoulder and leans up against the concrete center divide. I call emergency

~2:20am While I'm on the phone with 911, I see headlights off in the distance (the Murano). He doesn't appear to be slowing down at all. That's when time seemed to slow down

~2:21am I see the Murano hit the Lexus, I hear tires squeal before impact. The Lexus spins off into the middle of the freeway. The Murano heads towards me and my bike so I jump the center divide but I do manage to see the SUV swallow my CBR into its hood

~2:22am Another car hits the center divide. I look at the carnage and await law enforcement, fire dept, and paramedics.
I don't know about the insurance side but all the first aid training I've ever had told me to make the site safe before checking for survivors.
Do you reckon that if the merano had been going at the speedlimit, would it have been able to avoid hitting the Lexus?
You have been put in a very difficult position... best of luck with getting back on two wheels!
Do you reckon that if the merano had been going at the speedlimit, would it have been able to avoid hitting the Lexus?
You have been put in a very difficult position... best of luck with getting back on two wheels!
The way i figure it, I'm pretty squeamish on the brakes as far as my new bike went. On my VFR, I got the hang of the ABS and linked brakes so I could brake with confidence. I was not used to the braking system of the CBR 1000 just yet. Still, I was traveling at a speed that allowed me to avoid the Lexus...I actually almost came to a complete stop before going around it...constantly checking behind me in my mirrors to see if anyone was coming up. I guess my brake lights helped because people went around me.
I'm not the Murano driver and I don't know how good his reflexes were but he even said that his insurance company is putting him at fault for the accident even though the police report isn't ready
I'm not the Murano driver and I don't know how good his reflexes were but he even said that his insurance company is putting him at fault for the accident even though the police report isn't ready
Loved the MJ in your diagram. Good to see your keeping your sense of humor in all of this. I know it can be very frustrating.
Good Luck!
Good Luck!
When I got in my mc accident, my lawyers requested that I not make any statements to anyone involved, especially their lawyers. Watch what you say and to who. If you are unsure about something, call your insurance company first or get a lawyer. You don't want someone twisting the truth on you.
the police report was ready friday night and I got a call from an officer. Also, my insurance company filed a claim on my behalf. Everyone tells me it could be months before a settlement is reached but the secretary at my job suggested that I get a lawyer to "prod things along". She claims to have gotten settlements within a few weeks using a lawyer.
I also saw the remains of my motorcycle at the tow yard last Wed. It was in 8 pieces total. The swingarm was snapped and I was suprised. It looks like only the outer 1/8"-5/8" layer of the unit is metal but the inside was filled with what appeared to be high density foam.
Also, the kind folks at the tow yard were amazed that I was unscathed. They showed me a harley with a slightly bent fender and a cracked mirror. The driver was dead by the time the bike reached the tow yard. I feel super lucky.
They also had a vastly different understanding of my accident which I found hilarious. Apparently, they were told that I jumped on my bike and sommersaulted over the SUV and landed on my feet. Needless to say this is the versoin I'll be telling from now on :P
I also saw the remains of my motorcycle at the tow yard last Wed. It was in 8 pieces total. The swingarm was snapped and I was suprised. It looks like only the outer 1/8"-5/8" layer of the unit is metal but the inside was filled with what appeared to be high density foam.
Also, the kind folks at the tow yard were amazed that I was unscathed. They showed me a harley with a slightly bent fender and a cracked mirror. The driver was dead by the time the bike reached the tow yard. I feel super lucky.
They also had a vastly different understanding of my accident which I found hilarious. Apparently, they were told that I jumped on my bike and sommersaulted over the SUV and landed on my feet. Needless to say this is the versoin I'll be telling from now on :P


