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Motorcycle Accident

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natedj

Junior Member
What is the name of your state? California

On the 8th of August, I was at a friend's house. We were all having a good time...relaxing...nothing big. More people decided to show up. I was in the back yard joking around with my friend and all of a sudden this guy gets in our faces and starts yelling at us and becoming increasingly aggressive. I try to calm the kid down but that was useless. I decide to go back inside and avoid the problem. I go outside to check on my motorcycle (which is in the driveway) and this guy and his friend come out and try to fight me...i didn't want trouble so I backed down. He said he was going to follow me out of the neighborhood and open his car door on me and wreck me. I decide it would be best to stay at the place I was and avoid more problems. The guy who owns the house said everyone had to leave. I start driving and out of nowhere this kid and his friend pull up behind me extrememly close. I speed up and try to avoid the guys. I was coming up to a turn and noticed that he was either going to hit me if I slowed down or I was going to have to lay my bike down after heavily braking. I decided to try to make the turn and because of the way he was following me so close and gaining on me, he almost hits me and I lay it down in the outside of the turn. Dust flies everywhere. Gravel gouges into my side. My ankle starts throbbing. I pick up my bike. My three friends who were following me (and were passed by this guy in his car doing 100+) stop and run over. I drop to my knees and feel realllly dizzy. I get back up and start the bike and ride to a friend's house.

I made a police report the following day (since I knew I couldn't afford the hospital and ambulance ride), and talked to a sheriff. The sheriff's dept. will not retrieve the insurance info. from the guys at fault. The california highway patrol won't help me (very rude on the phone). I have liability insurance only on my bike. I have no way of getting their information to make a claim to their company.

I've had multiple doctor/orthopedic doc. visits. I've had surgery on a broken fibula and torn ligament in my ankle. I've been out of a job since the accident (had a scheduled interview), now have trouble going to and from school, and am just plain upset.

Do I have a case?

Thanks,
nate
 


natedj

Junior Member
Yes that is correct.

They had been drinking heavily when I showed up at the location.

I did not drink alcohol that evening.
 

ecmst12

Senior Member
Consult a lawyer, since your bills are probably too high for small claims court. If you know the guy's name and address and license plate #, they can probably find his insurance, or if not they can file a lawsuit against him, which should get him to turn over his insurance information in a hurry.
 

las365

Senior Member
Is law enforcement declining to investigate the incident at all, or just declining to specifically provide you with the insurance information? Were you able to provide names or a license plate number?

The real bad news is that if the incident was intentional on the other driver's part, his insurance will probably not cover it.
 

natedj

Junior Member
Yeah, I talked to a lawyer today. He had the same concern that if it was intentional, the insurance wouldn't cover it. My insurance company told me that the two guys would probably deny that it was intentional and that then I would be able to get money from their insurance. Sounds good to me.

I provided the lawyer/police with the first and last names of the two guys in the car. My lawyer recommended that I try to find out the license plate number for the car that ran me off the road. I know where they live so I might just drive through the apartments and see if I see the car.

I hope a letter/phone call from my attorney will urge them to turn over their insurance information. Shoot I hope they have insurance.

The Sheriff declined to look into the incident because he claimed that they only handle crimes and that this was a vehicle accident. The California Highway Patrol declined to look into the incident because I didn't call them specifically (only the sheriff) to do a police report...don't really understand that one.
 

CdwJava

Senior Member
The Sheriff declined to look into the incident because he claimed that they only handle crimes and that this was a vehicle accident. The California Highway Patrol declined to look into the incident because I didn't call them specifically (only the sheriff) to do a police report...don't really understand that one.
Traffic accidents are civil matters, not criminal ones. By law, collision reports taken after the fact (aka 'counter reports' and 'late reports') cannot be assigned "fault". Since it is a civil matter, these agencies are not going to hunt down insurance info for the other party as your insurance company can make the same phone call or visit that they can.

I'm not sure what kind of report the sheriff could take, but if they were looking at a potential criminal act, then they are not going to need the insurance info ... and if it is criminal, then by definition, it is not a collision and thus the CHP could not help as a traffic collision, or "accident", is an unintended act ... if someone intentionally tried to run you over, this is not a collision, it is a crime.

- Carl
 

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