Whata is up the the DUIs and LSA drivers.

[Tearless-Tom]

Okay I'm Pissed!!!

I have been hit two times in less than 12 months by DUI's on my Valk.  Both times hit from the back end while stopped at a light.

I guess I need to stop stopping at red lights!

1st one was at the Trail of Tears ride the guy came around me on the left then turned right on top of me. Hit my new saddle bags and knocked the bike over damaging the other side.

Tonight on the way home from work.I am stopped at a very well lit intersection in the left turn lane. Signal on, I have 5 lights on the back of my bike that light up when I hit the brake light., tons of chrome, and hugh saddle bags on the already Fat rear end and enough street lights you can read a newspaper. Nearly no traffic to speak of and her comes this drunk women and slams into my rear end.!!!

The bike is knocked half into the oncoming lane across a concrete divider. I do a back flip and end up standing at the back of the bike and to the side of her truck.

Initial inspection all my back end lights are history, my rear fender is history, and right side bag is damaged again. 

The women is drunk so I called in the tag to the police  and told them she was drunk and I thought she was going to run and guess what...she did!

She obviously was between night clubs.

I am a bit stiff in the back and neck is starting to spasm . I will go to MD tomorrow if not any better. Just took a flexeril and some motrin .

Just really pissed off right now.

HOW CAN YOU NOT SEE THAT BIG FAT RERAR END?


She finally said after several minutes before she took of that she thought I was turning.  The light was RED.   She never asked if I was okay  but "did I hurt your motorcycle?


Okay I needed to vent so now I am going to try to let the flexeril kick in and get some sleep. I just hate calling my insurance company in the AM.

Tom 
aka Drunk Magnet

[Cholla]

That really sucks!  Hope you are going to be OK.  Sounds like you lit your back end up pretty good though, don't know what more you could have done.  Glad you didn't get pushed into any traffic!  Hope they caught her and she gets charged DUI, Hit & Run, etc.... Good Luck Tearless-Tom

[Bill]

Tom, I am sorry to hear about the idiot drunk driver and your bike, but am glad to hear that you weren't hurt any worse...or were you? So, how are you feeling...lotsa of whiplash? Maybe of the lawsuit variety? Possibly time for a whole new stable of valks? There is no excuse for her behavior and she needs to pay through the nose---JMHO

Hope you are back on two wheels soon and all healed up.

Bill

[Bob E.]

You said she ran.  Were the police able to get her??  I sure hope so.  Getting rear ended while waiting to turn left is always in the back of my mind.  In fact, when riding locally, I'll often adjust my route to avoid such circumstances.

[MP]

What a deal!  I would get a lawyer, and go after her.  Be sure to go to a MD, and get checked out.  You could have hidden damage.  Good luck, and please, keep us posted.

MP

[Tearless-Tom]

Thanks everyone for your concern and advice.  Your all are right it could have been much worse and am actually surprised that it isn't.

My bike is a 97 Green and Cream Tourer. Besides the right side bag all the damage seems to be limited to the rear fender section.  Man these bikes are built like tanks! Any lesser bike would have sustained much more damage.

I am a little sore today but not as bad as I was expecting. I guess taking the Flexeril as soon as I got home helped. I think I will still go for an MRI just to be safe.

The police did not notify me that they found he last night but as soon as she hit me I gave the police operator her tag and vehicle description because I could tell she was drunk and my ex-military and ex-cop training told me she was going to run. 

The registered owner of the vehicle matches her physical description so I am pretty sure it is going to be her. 

Unfortunately they will not charge her with DUI as she left the scene and they could not verify her sobriety. They will charge her will LSA. I may be able to convince them to let me go forward with the DUI as I could smell it on her , her slurred speech, incoherentness, and unsteadiness when she did briefly try to get out of the vehicle.  She was having to hold onto the door to keep from staggering.

My biggest concern is notifying my insurance company as this will be my 3rd notification of an accident and my 2nd claim.
They were notified abut the other drunk that hit me but I did not file a claim with them.
My wife had dropped my VTX early last year that I did have to claim.

I am hoping the other driver will do the right thing and pay my damages without having to sue but I doubt it.

 

[NITRO]

Ridiculous! It amazes me how many people insist on driving after they've been drinking. This probably won't stop the woman from doing it in the future, either. She could have killed you! Forget suing her, you should have pulled her out of the truck and beaten her with your broken saddlebag.

I try to avoid riding in town, too. People don't see you in the first place (I swear that every other time I ride through the city, someone almost hits me), then they get drunk and it's even worse.

[TAZ]

Holy smokes what a nightmare for you.  Sure glad your not too banged up but yes go to the doctor, they will need all of that info for your insurance and pain and suffering suit.  Like you said these bikes can sure take a pounding and keep on going.  Glad they were able to find her that's a relief in itself.  Her insurance company will have to pay for everything but ya still have to let your insurance company know as they might have to sue her company.  What a pain in the rear end, literally.  We take some more pain killers for now and kick back and rest up.  Good luck Tom!

[JetDriver]

You might want to consider seeing a chiropractor as well.  Decades ago (when I was 18) I was involved in an accident with my bike.  I thought I was alright, and I have been mostly, but in current x-rays you can see that the top two or three vertebrae in my upper neck have fused together.  My chiropractor says that if it had been recognized and treated (manipulated) back at the time of the accident, it would be a non-event now.  Just a thought.  You're right, though, it could've been a lot worse- either one of the accidents!  Glad you're still here.

[txstomper67]

Wow I hope the M.D. check comes out good for you and hope the damage to you and bike are minimal.  Your statement about the visibility is just a comment people make. I driver a 18 wheeler for a living and to hear someone say I didn't see you coming or I didn't see you there make you really scratch your head and wonder what driving course they all took to get those comments.

Hope the gal gets everything coming to her and plus more for damaging a rider and a GREAT BIKE!!!!!!

[don07tncav]

Man, that sure stinks! Glad you weren't hurt too badly and the bikes reparable.

[cookiedough]

I'm also glad and hope you are O.K. as well.  Once you nab her, I hope she has insurance to pay your medical bills and damages to your bike along with some pain and suffering to boot.  I had a local idiot here in WI (state finally made liability insurance mandatory) in my small town rear end my new truck with his piece of junk car totally his fault since I was stopped.  He, of course, had no insurance and was a deadbeat with no job, no money, nothing.  But, he has 5 junker vehicles in his yard all worth about 1,000 dollars at most, probably less.  This might help you if she has no insurance and do what I did:  Take her to small claims court for damages, win your case of course including court fees, etc., within 45 days or so if still no payment for damages, etc., file with Dept. of Transportation to take her drivers license away for 1 year if not paid in full by X amount of days.  Depending on state laws, if still no payment within a certain amount of time, you can file with DOT again to revoke her license for 20 years.  At least in WI that is what I did.  Well, after 8 months of 1200 bucks of non-payment with this guy, he got the letter in the mail stating his license was going to be taken away unless  I was paid in full by a certain date.  He called me immediately and paid me what I was demanding and deserved.  I know it was a lot of work on my end, but 1200 bucks in damages was a lot for him and he had to take out his retirement money to pay me and help get out of more debt he owed.  He still probably has no car insurance even though it is required now in WI - finally.  I see him everyday driving around since his kid is in my kids class, but I try to avoid him whenever possible.

Good luck and sock it to her.

[Tearless-Tom]

I went to the Ortho Doc on Thursday and meet with an Attorney on Friday.

As expected the deterioration in my neck is worse since our last visit 5 years ago. 
Pain meds, muscle relaxers, and a month of rehab ordered. Then we will revisit if needed.

The attorney was able to pull up a few public records and at this point it looks like I will end up filling against my insurance for an uninsured or under insured motorist claim.

Apparently my insurance company already has a suit / judgement against her for a separate incident trying to get reimbursed on it so that puts me at least 2nd if not further down the line trying to collect from someone who has nothing and takes responsibility for nothing in her life.
AKA Scum of the Earth. Human Parasite!!!
Her home address appears to have been in the family for at least 60 years passed from generation to generation. The last time it was titled was 60 years ago so it is probable Grandma's house and her mailing address. Even so it is not a valuable peice of property and the whole family appears to live there so I would not be able to seize it even if I wanted to.

She has had at least 2 different baby-daddy suits in domestic court. She has never showed up in court for anything!

So the bottom line is she probable does not have insurance, at least one person is in line ahead of me trying to get money out of her so if there is anything to take they will get it .

So I get to deal with my insurance company and hope my rates don't go up or get cancelled. while she parties the night away.


Makes me want to go out and do something that I would end up in jail for.

Tom

[ossvalk]

sue her

file for your UM/SUM claim with your company

Make sure your attorney does not accept any settlement from her carrier without FIRST getting approval in writing of your carrier

Seems every few months I need to say this but lets use this example

You have 250k liability and also 250 SUM coverage (SUM protects you if her ins in inadequate)
she has dinky 25k only
you file your claim work including SUM forms immediately and get written confirmation that they have them including the SUM claim #
  do not forget this step or I will come there and kick your behind
you sue
their ins co offers policy
your ins co authorizes in writing you to settle
you can chase your co now for 225k

god willing you are not hurt that bad but just in case you need to know this


Hope you heal completely and quickly

[Tearless-Tom]

We are working on that this week.  If she has gotten insurance since her last at fault accident then we have something to work but I seriously doubt that has happened. And with the overcrowded prison etc she knows she will never be held accountable criminally and as the old saying goes, you cant get blood out of a turnip so all I will  have is the satisfaction of a piece of paper that says the turnip owes me some blood .

Trust me I am not settling for less than everything I can do to her, just realistically I stand a better chance of winning the lottery than collecting from her if she is uninsured.

Tom