went down! :-( questions . . .

black sunshine · Post by **black sunshine** » Sun May 17, 2009 11:27 pm

so here's the skinny.

I was coming back from a trip to Bank of America, loving the sound of my new Prima pipe (thanks to the guys at Twist n Scoot for putting that on, i'd had a mind to do it myself but i'm glad i went to you all). coming down moreland, towards little five, at the light right past moreland and memorial. this woman was heading south on moreland, waiting to make the turn. turn signal on. i had right of way, and i'm thinking to myself "i KNOW she's not going to do that" . . . at the LAST MINUTE, she decides to go for it. SLOWLY. i had to brake, slid about 50 feet, apparently clipping the back of her car in the process (i have no recollection of that happening). anyhow - she got a ticket, i got a knee road rash and 2 eye witnesses. i haven't gotten insurance on the scoot yet - i'm in the process of paying my friend for it in increments, so don't have the title - so do i have any course of action that i can take?

Angela · Post by **Angela** » Sun May 17, 2009 11:38 pm

is your state one that requires at least liability insurance?

black sunshine · Post by **black sunshine** » Sun May 17, 2009 11:53 pm

Angela wrote:is your state one that requires at least liability insurance?

as far as i know, you can't register a scooter under 50ccs in Georgia.

Angela · Post by **Angela** » Sun May 17, 2009 11:55 pm

black sunshine wrote:
Angela wrote:is your state one that requires at least liability insurance?
as far as i know, you can't register a scooter under 50ccs in Georgia.

ok, wow. I'm a paralegal/accountant but laws in your area are so much different. can't guide you much. i would call an attorney and go for a free consultation. credible lawyers offer free consultations and should give you an idea if there is anything you can do. hopefully at least get the scooter fixed. it may need to be the responsibility of the title holder though.

Skootz Kabootz · Post by **Skootz Kabootz** » Mon May 18, 2009 12:16 am

Sorry to hear of the accident – glad you are ok... I would first find out everything about the local insurance/licensing laws to see if you were or were not breaking the law by even being on the scooter ...uninsured and and with no title in your name... gosh what a great idea.

fs8gbe · Post by **fs8gbe** » Mon May 18, 2009 12:25 am

in the state of ga no insurance is required IF the bike is under 51cc AND it cannot go faster than 30 mph. standard moped laws also apply here. if the bike is derestriced the moped laws do not apply.

fs8gbe · Post by **fs8gbe** » Mon May 18, 2009 12:29 am

here are the moped laws taken from

http://www.dds.ga.gov/drivers/DLdata.as ... 9514&ty=dl

i realized they do not show on the website about the 30mph limit on mopeds which seems odd to me. i am pretty sure it used to be on there. i do know that is the law for insurance though...

A moped is defined as any motor driven cycle with an engine not exceeding 50 cubic centimeters (3.05 cubic inches).

Mopeds are exempt from the provisions relating to the registration and licensing of motor vehicles.

Rules to operate mopeds on Georgia roads and highways:

1. Must be 15 years of age and have in their possession a valid driver's license, instructional permit or limited permit.
2. Must wear protective headgear (motorcycle helmet).
3. No tag is required.
4. Every person operating a moped upon a roadway must obey the same traffic laws governing drivers of motor vehicles.
5. May not use limited access highways or other roadways where the minimum speed limit is above 35 mph.

hyuuu · Post by **hyuuu** » Mon May 18, 2009 12:40 am

sorry to hear that man. Hope you heal quick and get back to ridin

Skootz Kabootz · Post by **Skootz Kabootz** » Mon May 18, 2009 12:47 am

Well then, there you have it. You were legal depending on what road you were on.

If the lady is insured, you can sue her insurance company to pay for repairs (since it sounds like the police giving her a ticket could also serve to indicate she was at fault). Or she may be willing to pay herself, sidestepping her insurance company. Or she could just refuse to pay... which would suck...

That's the limit of my knowledge.

irishtim · Post by **irishtim** » Mon May 18, 2009 1:02 am

You could also simply file a claim with her insurance co and get your scoot and knee fixed as well as time off work, inconvenience, etc. paid for. (And you won't have to pay a lawyer 33 1/3% of your final settlement. But that's your call.)

Dooglas · Post by **Dooglas** » Mon May 18, 2009 1:25 am

Skootz Kabootz wrote: If the lady is insured, you can sue her insurance company to pay for repairs (since it sounds like the police giving her a ticket could also serve to indicate she was at fault). Or she may be willing to pay herself, sidestepping her insurance company. Or she could just refuse to pay... which would suck....

All auto drivers in Georgia have to have minimum liability coverage ($25,000 property damage and $25,000 personal injury). You should not have to sue anyone or beg the driver to pay you. If you were legal and she was cited, just file a claim with her insurance company (you did get her name and policy #?) - damage to the scoot and your medical costs.

Rokky · Post by **Rokky** » Mon May 18, 2009 2:25 am

SMALL CLAIMS COURT.
It looks like a job for Judge Judy.

LuvMyScoot · Post by **LuvMyScoot** » Mon May 18, 2009 2:46 am

She caused the accident and the fact that she was ticketed by the police proves that. The fact that you yourself were not cited by the police shows that you were legal and not liable in any way. Her insurance company is responsible, just as they would be responsible if she cause an accident involving a bicycle or pedestrian or car or motorcycle. You will need to file a claim with her insurance company. If she doesn't have insurance then you'll have to sue for damages.

PS (Forgot to mention...glad you're ok!!)

ScooterDave · Post by **ScooterDave** » Mon May 18, 2009 2:47 am

black sunshine wrote:i haven't gotten insurance on the scoot yet - i'm in the process of paying my friend for it in increments, so don't have the title - so do i have any course of action that i can take?

Best course of action you can take is to get insurance. What happens next time when it is your fault? We had a rider go down today on a group ride. He lost it & went into a tree in a front yard. He could have just as easily plowed into the lady cutting the grass instead. What then?

fs8gbe · Post by **fs8gbe** » Mon May 18, 2009 3:08 am

ScooterDave wrote:
black sunshine wrote:i haven't gotten insurance on the scoot yet - i'm in the process of paying my friend for it in increments, so don't have the title - so do i have any course of action that i can take?
Best course of action you can take is to get insurance. What happens next time when it is your fault? We had a rider go down today on a group ride. He lost it & went into a tree in a front yard. He could have just as easily plowed into the lady cutting the grass instead. What then?

i agree...it sucks writing the check for insurance. it sucks even more when you don't have it and you really really need it.

Vic · Post by **Vic** » Mon May 18, 2009 3:22 am

I bought my scoot used and I got the VIN, called my insurance agent and got coverage on the scooter made effective for the day I picked the scooter up. I did not need to show the title to anyone or anything like that to get coverage.

I have never had to worry about that kind of thing, I am operating the vehicle, and it is my problem if I do something to cause damage to someone else or their property.

Call your agent and talk to them about how to get coverage and protect yourself as well as the guy that holds the title! If I were him I would be making damn sure there was full coverage on the thing-someone steals his investment and he could be screwed!

Also, one of the great things about full coverage is if something happens that is NOT your fault, your insurance will deal with te other insurance company. I was in an accident that was clearly the teenybopper that hit me's fault, but I didn't have full coverage and had to fight with her company-it was a major pain in the butt! When I was in the same kind of situation but had full coverage my insurance took care of me and I did not worry about anything. If at all possible-I highly recommend it!

As for your current situation, I would be on the phone calling her insurance company immediately! If she was at fault, it is her responsibility-and her insurance has accepted her as their client so they have accepted that responsibility. Keep all of your bills and record EVERYTHING, who you talked to, what time, what was said... The whole thing, mostly for yourself to keep everything straight.

Good luck,
-v

Wheelz · Post by **Wheelz** » Mon May 18, 2009 4:04 am

DO NOT! I REPEAT DO NOT CALL HER INSURANCE AND GIVE THEM A RECORDED STATEMENT WITHOUT TALKING TO A LAWYER FIRST!!!!!!
I only have personal expierience with car to bicycle accidents, but i was side swiped by a city bus in Chicago one time. I hate the "I'll SUE!" mentallity of most people, so I tried to play the nice guy. No lawyer, no astronomical medical settlement, all I wanted was my bike replaced and my time off work compensated. Long story short, I got strung along for months, we need photos of this, this letter signed, your statement, copy of accident report, blah, blah, blah. Only to get a letter in the mail that said "after careful consideration and investigation, we have decided that we are not at fault, and will not be persuing any compensation, for you in this matter. You are of course welcome to consult an attorney to review your legal rights."
Ok, so call the lawyer and what does he say, "You should have called me first, you've given a recorded statement over the phone stating you were not seeking any further compensation, and the evidence you provided for them could be taken as an admission of you're guilt."
As it was a city bus the officer filling out the report "convieniently" failed to issue the bus driver a ticket.
I of course didn't have insurance on the bike or myself, so this story is long but i think personal expierience is the best teacher.
As always C.Y.A. (cover your ass)
and of course glad to hear your ok...

Post by **ericalm** » Mon May 18, 2009 4:05 am

Sorry to hear about the crash, black sunshine.

Hopefully you got the insurance of the responsible party. When I was in a crash, the insurance of the person who caused it was very cooperative and paid out everything.

If you don't mind, can you post in the Who's Crashed thread? It's a big help to other members. Thanks.

Coffeejunkie · Post by **Coffeejunkie** » Mon May 18, 2009 9:48 am

Sorry to hear about your spill Sunshine. I wish had some nuggets of information to help, but I'm drawing a blank. Just take it easy, and hopefully I'll see you on the road soon.

louie · Post by **louie** » Mon May 18, 2009 1:08 pm

i have suggestions for you knee. make sure it's clean. if it isn't deep (didn't bleed much)you can use running tap water from a syringe. cover it with a patch/s of 2nd skin, it's been all the rage in hospitals for over 10 years (not cheap but feels so good). i'm changing mine everyday. don't let it dry/air out. treat it like a burn. keep it moist and soggy like you've taken a long bath. and what ever you do don't let a bandage get dried out and stuck to it...how do i know, i spent friday evening trying to get mine off. saturday i took 3 ibuprofen, drank a double cocktail, and soaked in the tub for about 40 minutes before getting it off.

i glad your ok and hope the insurance thing is as easy as filing a claim. visit us in bham sometime and take care.

DennisD · Post by **DennisD** » Mon May 18, 2009 1:18 pm

Go talk to an attorney. Get the straight scoop from an informed source dealing with the laws of your state. I can tell you from experience that the problem of a broken bike is nothing compared to the physical problems you never expected to arise 10 years later as a result of the accident. A good attorney will be sure and see that any future problems are covered.
I'm going in the hospital at the end of the month for a new hip. The accident leading to this happened over 10 yrs ago.

Skootz Kabootz · Post by **Skootz Kabootz** » Mon May 18, 2009 6:52 pm

DennisD wrote:... get the straight scoop from an informed source dealing with the laws of your state...

Probably the best advise yet. Beats the hell out of listening to half-informed legal amateurs like myself...

Post by **ericalm** » Mon May 18, 2009 7:52 pm

Skootz Kabootz wrote:
DennisD wrote:... get the straight scoop from an informed source dealing with the laws of your state...
Probably the best advise yet. Beats the hell out of listening to half-informed legal amateurs like myself...

This is kind of an unusual situation because of the titling, insurance, etc. I'd hate for you to act on any inaccurate information and not get the resolution you deserve here.

black sunshine · Post by **black sunshine** » Thu Jul 23, 2009 7:22 pm

soooo, i've been MIA here since my accident - really painful to read about scooters when yours is in the driveway busted up!

so today i took the scoot down to Twist 'n Scoot to have Bill do an actual estimate on the damage - until now, they had only seen pictures. turns out that the actual cost to fix everything is going to be half of what the insurance company paid me for it! getting it back tomorrow . . . i am SO psyched. just riding it over there, busted up and all, was exhilarating . . . I'M BACK!!!

bluebuddygirl · Post by **bluebuddygirl** » Thu Jul 23, 2009 7:40 pm

So glad to hear that! Hope it's fixed soon.

Ray Knobs · Post by **Ray Knobs** » Thu Jul 23, 2009 7:41 pm

did they total it or cut you a check for the repair?

Coffeejunkie · Post by **Coffeejunkie** » Thu Jul 23, 2009 7:53 pm

Great to hear you'll be back on the road soon. Bill is a wizard at body repairs, and the rest of the crew have yet to let me down when it comes to fixing up my baby.

Hope to see you on the streets of Atlanta soon Sunshine.

black sunshine · Post by **black sunshine** » Thu Jul 23, 2009 7:54 pm

bluebuddygirl wrote:So glad to hear that! Hope it's fixed soon.

yep, they told me it should be done tomorrow - luckily for me, they already had some cream body panels coming in! i cannot WAIT.

Ray Knobs wrote:did they total it or cut you a check for the repair?

they cut me a check for 75% of THEIR estimate on the repair (just from the photos that their guy came and took. so once a real scooter mechanic took a look at it, it turned out to be way less! i wish i'd taken it there back when the accident first happened . . . then again, i've only been able to walk and play kickball and stuff for about a month.

SO EXCITED!

Post by **ericalm** » Thu Jul 23, 2009 10:30 pm

SCORE! Shopping spree time.

Cheshire · Post by **Cheshire** » Thu Jul 23, 2009 10:38 pm

It's alive.
ALIVE!!!

What? They can hear me? Oh...

Welcome back.

jasondavis48108 · Post by **jasondavis48108** » Thu Jul 23, 2009 11:56 pm

Glad to hear that it all worked out. Now go treat you and your scooter to something special with the extra loot

Wheelz · Post by **Wheelz** » Fri Jul 24, 2009 12:21 am

jasondavis48108 wrote:Glad to hear that it all worked out. Now go treat you and your scooter to something special with the extra loot

How bout insurance...

Glad you'll be back up soon Sunshine.

chloefpuff · Post by **chloefpuff** » Fri Jul 24, 2009 1:47 am

Excellent!

LisaLisa · Post by **LisaLisa** » Fri Jul 24, 2009 4:06 am

ScooterDave wrote:
black sunshine wrote:i haven't gotten insurance on the scoot yet - i'm in the process of paying my friend for it in increments, so don't have the title - so do i have any course of action that i can take?
Best course of action you can take is to get insurance. What happens next time when it is your fault? We had a rider go down today on a group ride. He lost it & went into a tree in a front yard. He could have just as easily plowed into the lady cutting the grass instead. What then?

ScooterDave as always the voice of reason. What a strange world we live in.

black sunshine · Post by **black sunshine** » Fri Nov 20, 2009 5:22 pm

just thought i'd update:

so, the "physical injury" portion of my claim has been going on for EVER, it seems. i finally got a message from my lawyer's secretary asking if i would be okay settling for $900.00. the main sticking point was that my main witness, the guy that actually saw the whole thing happening, disappeared off the face of the earth - neither the insurance company nor my lawyer could get a hold of him. so after i got that email (accident happened in may!) about settling for 900, i went and looked dude up on Facebook, and sent him a message. good news - he's going to provide a statement!!! so now i'm crossing fingers that something decent comes out of this . . .

TVB · Post by **TVB** » Fri Nov 20, 2009 6:06 pm

black sunshine wrote:i went and looked dude up on Facebook, and sent him a message.

Score 1 for modern technology! There's been legal discussion about the validity of serving subpoenas via social networking sites... should be interesting to see how it pans out.

There was a case recently in which someone used the time and IP address of an update of his Facebook status to convince a jury that he couldn't have been at the scene of a mugging he'd been accused of. (Of course there are holes in that alibi, but it worked in this case.)

Modern Buddy

went down! :-( questions . . .

went down! :-( questions . . .

Re: went down! :-( questions . . .

Re: went down! :-( questions . . .

update!!!!

Re: went down! :-( questions . . .