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whos fault is this accidnet?

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  #31  
Old 08-18-2007 | 12:32 AM
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Default RE: whos fault is this accidnet?

i am in pa. i did not ask them but like 3 people told me you cant get it with a r title. i want to kick my self for not asking. i dont know if i would have got it thought. becuase if i did wreck and they paid being 17 my insurance would go way up.
i pay 30 for liabilty full was 120

o and i have progresive also
 
  #32  
Old 08-18-2007 | 12:52 AM
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in response to Kewl Breeze...

i have to say i believe the law should treat the offenses separately (i believe you were saying in your post that it shouldn't). the woman pulls up to the light, doesn't come to a complete stop, and pulls out in front of a vehicle who has the right of way. he/she doesn't know if that driver has a proper license, nor should it matter.. what matters is that what she did was illegal. so what happens if she does it again in the future and the other driver has a license? argue with the police that she thought they DIDN'T have a license and figured it would be ok to pull out in front of them? if you commit an act (that involves another person) that is illegal, and the other person is doing something illegal in the process, that doesn't clear you of the fact that you've done something that's against the law (whether or not it involves shooting someone). sure the other person should be cited for whatever they were doing that was illegal, but that doesn't mean you're off the hook and aren't liable for the damages that resulted.



"the law is the law so it's kind of pointless to debate it"

if that were the case we'd still be paying our taxes to the British
 
  #33  
Old 08-18-2007 | 01:19 AM
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Default RE: whos fault is this accidnet?

how long do you think it will take for her insurance comapny to get back in contact with me / complete their investagation. they got my statement i mailed them 2 days ago. it turns out they cant record me becuase i am not 18. she said if i did it over the phone a parent would have to give it. now how can my mom give a statment about my accident?

i am woundering should i call and be like whats going on with it? or wait like a week to call if they dont.

i should call and ask them when i will get my check in the mail lol. i wounder what they would say lol
 
  #34  
Old 08-18-2007 | 02:02 AM
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Default RE: whos fault is this accidnet?

cyber, based on my previous experience I'd say give them the time they ask for but stay on top of it or they will "forget". if they can't speak to you since you're under 18 just have your parent call (I don't see a problem with that) .. but I'll let someone more qualified answer that.

sorry to use your thread .. i would start a separate one but since it's related to your situation I will answer rmr here.

ORIGINAL: rmr1923

in response to Kewl Breeze...

i have to say i believe the law should treat the offenses separately .. the woman pulls up to the light, doesn't come to a complete stop, and pulls out in front of a vehicle who has the right of way. he/she doesn't know if that driver has a proper license, nor should it matter.. what matters is that what she did was illegal. so what happens if she does it again in the future and the other driver has a license? ... if you commit an act (that involves another person) that is illegal, and the other person is doing something illegal in the process, that doesn't clear you of the fact that you've done something that's against the law ...
You make very valid points and I'm not disputing any of it .. at the risk of debating in a circle (since I sound like I'm repeating myself) the problem is that the two are not mutually exclusive because .. and I repeat .. if the person that was NOT SUPPOSED to be on the road to begin with WASN'T THERE like they were NOT supposed to be, then the accident would've never occurred. Granted that yours (and others here) point about fault having nothing to do with the license part is valid but all I'm saying is there is a reason for licensing. By yours and others analogies one could say an 8 year old could get behind the wheel and as long as he followed all the laws of the road if I hit him by accident then the fact that he had no business being on the road should play no part in placing fault. I would argue that it very well should .. should I still have some blame since it was me that caused the accident? Definitely, I very well should. Should determination of fault have no consideration regarding the fact that an 8 y.o. had no business being on the road? To that, my friend, is where we differ and I say NOOOOOOOO!

I submit that the separation of the 2 in their entirety creates and environment whereby any dude that decides he doesn't want to play by the rules is encouraged to do so as long as he feels he is driving safely .. there's not much motivation otherwise .. on the other hand if the law was such that unless properly licensed and registered they would be liable for any wreck they are involved in (whether they are at fault or not) would make many think twice about getting on the roads with our families out there and reduce the total number of accidents IMO. Could be wrong and I never claim to know it all but that is my take on it.



 
  #35  
Old 08-18-2007 | 08:04 AM
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Default RE: whos fault is this accidnet?

ORIGINAL: cyber00677

how long do you think it will take for her insurance comapny to get back in contact with me / complete their investagation
with insurance companies, there's no telling. my fiance's car was backed into while parked, there were witnesses that pointed out the guy who did it, and we're STILL fighting the guy's insurance company over it (this happened over 3 months ago). it's ridiculous, they're claiming that we backed into each other, while we were inside a restaurant eating dinner and the car was (legally) parked on the curb. and since the car wasn't in the parking lot (which would have been private property) it DID fall under a PD investigation, but those dumbasses are so ***-backwards that they refused to state in their report who they feel was at fault. my advice to you is to be patient for a week or two (i know it sucks because you just want to get your bike fixed already) and then contact YOUR insurance company first. Progressive doesn't want to have to pay if they feel you're not at fault, so they will hound the woman's insurance company for you. in the end, unfortunately, you'll probably still end up paying for at least some of it. it may not be right, but that's just how life is sometimes.


ORIGINAL: Kewl Breeze

By yours and others analogies one could say an 8 year old could get behind the wheel and as long as he followed all the laws of the road if I hit him by accident then the fact that he had no business being on the road should play no part in placing fault
excellent point.. i guess this is why the law is open to interpretation and it's up to the judge (or jury) to interpret how it applies to different situations. just as long as nobody shoots the 8 year old....
 
  #36  
Old 08-18-2007 | 09:52 AM
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Default RE: whos fault is this accidnet?

first i have to make a comment a Kikn....the comment about you finding laws UNjust to start off with is your opinion and i understand that...but it is a sign of ignorance....having done nothing but read case law for 3 years.....i understand the purpose behind most laws...that's not to say that some laws are just dumb.....and some do work against people, but MOST laws are there for a purpose....

what you don't understand is the flip-side, and it's not your fault, most people don't grasp it until you have been faced with the alternative and the consequences usually in learning about law....i will break it down as simple as i can....for every law you think is unjust, imagine if it wasn't there....then stop thinking about how candy coated awesome it would be....think how someone would manipulate that law....twist it...use it.....human nature is something most of us can't comprehend, that is why there are murders and crazy whack jobs out there.....the old addage, you give em in inch they'll take a mile is true.....you remove a law because "you wouldn't violatie it" or "it's stupid" and because you are a normal person with sound values and morals, does affect anything....however to that dumbass out there, he exploits and causes more harm than good....there is no such thing as a perfect law, it's going to screw some people and protect others...the goal is to find a balance so that status quo remains.....

quick example, if you got stopped for slightly rolling through a stop sign, you would BITCH about it especially if it was on a side street and no one was around.....you would say it's a dumb law...there was no around, you ALMOST came to a stop...etc...all the normal arguments....but in this case, if the woman did the same thing and made the right on the light with a rolling stop, you scream holy hell that she MUST follow the letter of the law....you see....laws work for you and against you....just beause you feel like the world is against you doesn't mean you should inherently believe laws are UNjust...that's a dumb statement....sorry....i will get off my soapbox now....just need to point out that sometimes people become irrational and don't think about what the hell they are saying....as i said before, i am not PRO-law enforcement or someone whack legal junky...but i do understand that most of the time, there is a reason for a law or a reason for a warning.....

as to this thread (sorry for jacking)....

everyone's statements are pretty much on for the most part....but we are quabbling about who broke what law and that determines liability....you are forgetting....THE INSURANCE DETERMINES WHO LIABLE TO PAY.....they don't have to pay out....you can sue, but it's ultimately up to them....you have to look at liability through THEIR eyes.....and through their eyes...Kewl Breeze is very much on point...the insurance will argue, had he not been on the road, no accident....if he doesn't want to buy that and believes he should be paid and they won't pay him, he has to sue...or go to his own insurance (which seems like a no go at this point)......

saying that he/she is guilty is pointless......she is guilty for violating the turning thing, perhaps driven recklessly....there is no drinking evidence other than your statement which means nothing....HE is guilty of driving on a permit...completely separable....however....they ARE NOT separable when the insurance considers who to pay out....

whatever...i think i am done here.....

hope you get something out of this bud....but i wouldn't hold your breath....
 
  #37  
Old 08-18-2007 | 10:13 AM
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Default RE: whos fault is this accidnet?

You can always sue the woman for damages directly in civil court as well.
 
  #38  
Old 08-18-2007 | 10:52 AM
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Default RE: whos fault is this accidnet?

ORIGINAL: TheX

You can always sue the woman for damages directly in civil court as well.
you certainly can....
 
  #39  
Old 08-18-2007 | 01:01 PM
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Default RE: whos fault is this accidnet?

i am afraid if i sue her in civil court that the amount i get will be less than i pay for a lawyer.

do edgnar snyder and some others you see on tv dont they just take a large %?

i was thinking i would call her if her insurance does not pay and tell her she can pay 1500 for the damges to the bike or i will be calling a lawyer and get pain and suffering from her. is there anything illegal in doing this?

or would it be considered small claims court and i would not need a lawyer?
 
  #40  
Old 08-18-2007 | 01:57 PM
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Default RE: whos fault is this accidnet?

i would think for something like this, you could probably do the research yourself and take her to small claims court. i wouldn't call her house, however, unless you can record the conversation and have a witness there with you who is willing to testify. if you call the woman, she may come up in court and claim you called harrassing her and cursing at her... even if it's a lie, some judges may not have a hard time believing a teenage biker would do something like that (correct me if i'm wrong here, but i think i read in a previous post that you're 17 or 18). i would write her a letter (if you have her address) and make sure you bring copies to court. you never know what will happen if you get on the phone with her, things could escalate into an argument and you may end up saying something that will hurt you in the long run. have someone proof-read the letter (ffingers would be a good person to ask) to make sure there's nothing that can be considered threatening. if you do call her, or if she calls you, get a copy of the call log from your phone service provider so she can't claim you continuously called her and made threats or harrassed her.
 


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