about 2 weeks ago i was in a accident with a car and every one tells me its my fault becuase i hit her in the back bumper but my insurance comapny tells me its not 100% my fault so the other insurance comapny should pay some. this is what happened.

i was on my 05 f4i on my way home from work my manger was a little behind me in the right lane. i was in the left. i go through a green light and am in the intersection when this car came out right infront of me from the right. she made a right on red no way she stopped because when i was in the intersection the car was not at the light yet. she turns on red never stopping and comes directly to my lane. i get hard on the brakes the front of my bike hits her bumper. i went down and tumbled. the bike slid 250 feet. she has a dent and paint on her bumper (driver side). i was on a permit and it was at 1:30 am. i was not aloud to be riding but my car was broken down. my manger and a kid i work with saw it. the girl that pulled out told them she had been drinking. the cops never breathalized her and my manger never thought to tell the cops she said this. my 2 witteness gave their statments to the girls insurance comapany. 1 did not say how he saw her run the red light and he told them i thought she was going to stay in the right hand lane. i think that statemant makes it sound like it is my fault. but my mangers statement he did say how she ran the red light and did not ues her turn signal and dint say how i thought she would stay in the right lane. a cop also saw it but in his report he has nothing of her running the red light. do you think there is any chance of me getting some money from her insurance company to fix my bike? i cant wait any longer to find out.

 

first of all, is it legal to make a right hand turn on red....if it is, she didn't do anything wrong other than possibly not yielding...but you keep saying she "ran the red light"....making a right on red isn't running a red light if there was no sign or ordinance prohibiting it....

also....IF she did have the right to turn on red....how fast were you going....if you were driving too fast for the street and thus she didn't have enough time to complete the turn, you're still probably screwed...

note: i am playing devil's advocate here....

bottom line, doesn't sound like per se she did anything wrong, it sounds like she may have been driving negligently....maybe a little reckless being drunk and all and not appreciating the on-coming traffic, but absent a citation for doing so, you're screwed....

an example:

i was in my car, had inched out of a side street to go across a semi-busy 2-lane street....a car on the street was coming towards me so i stopped, but he slowed down as if to let me cross, so i started to go at which point he sped up, i hit the brakes but not before he was attempting to drive around me....i was driving a jeep and opened up his quarter panel like a sardine can....although i had the right to cross (not illegal) and the guy was letting me go...and HE sped up...and HE caused the accident...I hit him and was blamed...even the cop told me it wasn't my fault, but the insurance companies determine fault more than the police do unfortunately....

so IMO....you were in the right driving the way you were (unless speeding, then you're f****), she was in the right assuming she could turn on red, and somewhere...either you were driving too fast and hit her, or she drove recklessly and cut you off forcing you to hit her....unfortunately, because it's a wash as to who did what and you're witnesses aren't being all that helpful...they will likely find that you hit her and thus primarily at fault with 85% going to you at the least....also depending if you are in a no-fault state will determine how much you get...buck up bud, have your insurance pay for your bike and hope for the best...

you also have the added negative in that you were on a permit when you weren't supposed to be, that will weigh heavily against you as you were probably at fault...sucks, but its the truth

 

Now I thought you must come to a complete stop before making a right on a red light (like a stop sign). If not then anybody could just make a right turn into someone anytime they wanted and blame it on them.
Like I said in your first thread, "This is in no way your fault."

 

I'm not sure what you mean by "not allowed" but if by that you mean no license, registration, etc.. then everything you said before and after this sentence is a moot point and it becomes 100% your fault.

 

that's true, you should come to a complete stop....but...being realistic here....(once again, not trying to be a jerk, just devil's advocate).....however, most places allowing for rolling stops, unless they are looking for tickets...two...it was at 1:30 AM....no cop or insurance company is going to say, "no complete stop, you're in the right".....second...just because she may not have stopped (if she slowed down to almost a stop, then went, probably okay) doesn't mean you can stop paying attention....

i see idiot cagers all the time....i realize they are stupid and don't care how they drive so i assume they will not follow the rules....

think of it this way...you're on the highway, someone slams on their brakes...you hit them as a result, you still get a ticket for following too closely....even if the person in front of you caused the accident...it's your duty to try and stay out of those situations if possible...

i am not saying this doesn't suck, i am not saying she didn't cause the accident....i am not saying this lady is a f-tard for doin that to you and even more so because she was drunk, but i am saying from an insurance company perspective...you're probably screwed....

mantra i live by when on bike: assume everyone around you is an f-tard and drive accordingly...
this will hopefully keep me relatively safe....

good luck man...

 

and additionally.....+1000 on driving on a permit when you shouldn't be....that alone is damning enough!

 

same thing happened to my roommate on his r6. lady pulled out in front of him, hit the brakes and tried to avoid her(which he did) but lost control of his bike. luckily the lady stuck around to see if he was ok. they exchanged insurance info and she was found partially at fault. i guess it depends on how your insurance handles it, witness statements and the police at the scene of the accident.

 

Oh. You can consult with a lawyer for free too. You should do that!

 

The lady should have made a complete stop and yeilded the right of way. She is not allowed to proceed until it is clear. I assume she did not see you. You are screwed if you don't have witnesses that can testify that she did NOT stop or yield the right of way. I know your boss was following, but if s/he is your only witness you may still be out due to conflict of interest on their part. How may witness statements or contact info did you get at the scene? Good luck.

 

'Right on red' is only after a complete stop. Then she is to go into the right most lane. Then she should signal and then check to see if the lane to left is clear. Then she can move into the left lane or the next lane to the left when it is clear. But obviously, the lane wasn't clear since you were there. And she didn't signal to move to the left.

She saw the managers car and and while she was in a hurry to make the right, she didn't see you. That is why she crossed two lanes. Without a doubt she is at fault. No signaling and two lane changes. How many feet from the intersection was contact? Enough to make a safe lane change with signalling and checking? If not then you should be able to prove she was at fault, plus your manager should be a witness to an unsafe lane change on her part.