Hi all. I joined the forum back around April when buying my first Harley, a 2003 Road King Classic blk/silver two tone 100 Anniv edition w/ 4800 miles on it at the time. Well, I've put over 2k miles on it and ejoyed my summer on it.

Tonight, coming home, a lady pulled out in front of me and hit me. I'll explain the details of the accident for those interested in a moment. In the mean time, I want to ask the forum for advice on how to handle a few things, and for general tips on how to deal w/ the whole scenario.

I'm on pain meds now, and hopefully will be able to sleep soon, but need to start making some decisions soon, so wanted to get this out there.

As for my health, fortunately, it could be worse. Xrays don't show any fractures or broken bones as of yet. A lot of pain down right side of the body for the most part, prob sprained ankle, hip, and a few things in between, as well as some road rash.

The bike was on it's side at an angle after the accident, on the right side. I had no idea who to have tow it in that state of mind, I saw a flatbed come hook it somehow, and drag it on it's side onto the flatbed. I have the name and number of the tow company. I'm assuming I want to retreive it as soon as possible, I had considered talking w/ nearby dealer in morning to see about using their recommendation to have someone get it from tow yard and bring it to their shop, or ask my insurance company what I should do.

All I could see was that the bike seemed to run for a minute, I remember hearing it, but then it died, prob couldn't get fuel or something. When I was assisted up, I went over and shut the ignition off, but have the key with me.

Here's what happened, as best I can think to explain it.

Coming home from Target around 10 PM or so, about a 20 minute ride. About 3 miles from house, I went under interstate, stopped at traffic light. Once light turned green, I went on my way, shifting through 35 MPH, and then around 45 MPH right at the sign that says 45 MPH as increase in speed limit at that point.

Not a lot of traffic on the road, 4 lane + center turn lane. No cars near me, not too many, if any, cars in oncoming lane.

I'm heading S in right lane. A few stores and gas stations on my right. Last gas station on right, very well lit, and some other peripheral street lights on this stretch also. Female driver in 09 BMW is pulling up to exit this station coming up on my right. I see her well in advance.

As I usually do in an instance like this, when no other cars around me, and I'm the only vehicle traveling towards someone about to enter the road, I usually make some sort of maneuver to attract attention to myself, usually switching lanes to be further away from the vehicle entering the roadway. So, in this case, I was in the right lane, closest to the side of the road she would enter my path from, so I maneuvered over to left lane and straightened out to give myself more room to move in case she did something.

I had no reason to believe she would do anything, this is still a few stores away from her location, but this is just my habit of awareness.

As I approached her location further, she inched forward, I paused and began to slow down a bit, then she came to a complete stop again, still at edge of parking lot, not in road, appearing to be waiting for me to pass, so I stopped my deceleration, and maintained my then speed.

Then, at the last second she pulls out very quickly to cross my two lanes of traffic, attempting to cross the center lane and turn left to head N in the opposite direction.

I had time enough to hit brakes hard and attempt a maneuver to the right, very split second, I know the rear wheel locked up and I think I subconciously knew if I let off the brake I'd straighten out and plow right into her, so I think subconciously (take no credit for it conciously) I just maintained my rightward direction w/ the locked wheel and layed it down, striking her more w/ the front and bottom of the bike toward the rear of her vehicle as she attempted to pass in front of me, thus spinning the bike around 180 degrees, so I was laying it down on the side w/ bottom of bike heading S, then it flipped around and faced N, as I exited the bike w/ same S forward motion, sliding on my right side and back, trying to keep my head (in a helment) off the ground, skidding head first down the street.

So, before I laid it down, all three of my headlights/running lights lit her face up like the sun through her window, she was not looking at me even moments before impact.

As I was hitting her car, getting thrown from the bike, and coming to a stop, I was cussing the whole time, just so pissed off that it was happening and there was nothing I could do about it. Reminded me of when I was with someone in a car, and they were skidding on black ice into another car that housed my mother and friend in it. While that was a lower speed / no injury situation, this played out in slow motion in my head, but there was nothing else I could do about it as fast as it was actually happening.

She stopped, never approached me the whole time, never said a word to me. Despite my being laid out, I am 6'1" and 275 lbs and have a loud voice, even though I never said a derragatory word about her, or towards her, she may have been afraid I'd jump up and go nuts, I'll give her the benefit of the doubt.

People at the gas station or cars at a distance that approached came around, several people surrounded me, some on phone w/ 911. I did not feel hurt at first, guess adrenalin. As I took a few minutes to even attempt moving, other than removing my helmet and safety glasses, and leaning up, I did notice I was hurt, pain on arms from road rash, and musce/joint pain down right side of leg, hip, ankle. But was ok to move, got up w/ assistance to move to side of road, while turning off ignition on the way.

Cops came took my info, came back later to give me copy of initial report, showing her at fault for accident, and not me, and she was cited for failing to yield. Also was taking witness statements to that effect. Ambulance came to ck me out, offered ride, but wife came and had her take me to hospital. She also got names and numbers for some witnesses. Later wife stressed need for more life insurance on me. Don't know how this will affect her interest in riding w/ me, just got her on the bike for first time a week or two ago.

So things I did right I guess, wore my helmet, wore boots and jeans. Was alert to watch out for her and even avoid her before she did anything wrong. Not so good up top w/ tshirt. My pda cell phone and it's leather case took the brunt of the hip action, so while internal bruising and pain is present, no abrasions on that side due to jeans, phone and leather case it was in. Not sure if any additional training/practice could have helped avoid this one, although anti lock brakes could have helped, may have only altered the angle of the collision. One time I'm glad I didn't have the glock on my hip I guess.

Well, there it is, all I can think of right now. I'm open for comments, but at least I'm interested in:

How to handle dealing w/ my insurance, her insurance.

Getting bike out of tow lot, and where best to take it.

Advice on dealing with repair options.

Advice on dealing with peripheral claims such as depreciation of the bike, etc.

Anything else I should be thinking about.

BTW, I'm in the NC/SC area, this happened in SC, in case it matters.

 

First thing is glad you are ok. Look over the bike and make a list of every piece of added equipment such as chrome, floorboards or whatever. You'll be surprised how much this all adds up. Call the local dealer and have them make arrangements to pick up bike. Call your ins agent and let them know where you took your bike. SDo not sign ANY kind of release until you are 100% satisfied with bike repair and you are sure you have no health issues that will affect you down the road. GOOD LUCK

 

do not *** around....get a lawyer and sue the stupid bich!!!
lost wages ,medical,repair to the bike,rental of a loaner bike.any safety equipment damaged in the accident...take the stupid bich to the cleaners!!!!!!!!!!!!
I DID AND GOT MY BIKE REPAIRED AND GOT ENOUGH TO BUY A ULTRA WITH 5K IN ADD ONS

 

WOW! Now we know why you are called Crash - you don't make a habit of it do you? Good to go if it was all really justifyable but god, I'd hate to think that's why my insurance rates are so high!

 

First glad your ok. As much as I dislike lawyers you need to get one to make sure her insurance company doesn't screw you.

Good luck and hope you heal quick.

 

I'm sorry to gear about the accident and glad you are OK. You have to wonder what the heck was she thinking. It does sound like a cell phone was being used as a distraction.

 

hope everything works out okay. Go get a broken wing patch. Hope you still want to ride when you're healed up.

~Joe

 

Glad you are still with us. Hopping you a speedy recovery.
First I want to comment on the cell phone thing, Friend was in a accident, (Not motorcycle) banged up pretty good (broken sternum and a 3 day hospital stay) and he saw the girl on her cell as he Tboned her. Girl swore she wasn't but due to his injuries he retained a lawyer and he subpoena her cell records. Records showed she was on a 40 minute call and never hung the phone up till approximately the time the police arrived.
Replacement value of the bike, Lost wages, Medical bills, Travel time, $5000-$10000 for your pocket and we all have lawyer friends to talk to and look over the settlement. If you have one ask him or pay one an hour. The only complication is lasting injuries. I like 12 months medical with the right to reopen the claim if long term injuries are found down the road. Lawyers protect your rights but cost money. You either get one or you don't. Most offer free consultation in accident cases. Good luck with what ever decision you make.

 

her ins company will tell you she did,t have rental coverage 4 bikes, then they should supply you with a car and the additional funds to purchase fuel. Get some money for pain and suffering and deminished value on the scoot if it is not total lossed.

 

It looks like SC is a fault state with very low minimum limits of liability and the only required coverage uninsured motorist. She is responsible for all damages and medical bills which will be paid by her insurance company up to the limits of the policy. If her policy doesn't cover all your losses, your own may cover the rest. You should call your motorcycle insurance carrier and you should see an attorney. In Michigan if the car's driver has no insurance, then the medical bills of the motorcyclist are covered by their own car insurance.

South Carolina Car Insurance: Guidelines to Car Insurance for Vehicles


For complete information regarding South Carolina insurance requirements and information on companies that sell auto insurance consumers can contact the South Carolina Department of Insurance through their website, https://www.doi.sc.gov, or by calling their office in Columbia at 1-800-768-3467.
All drivers in South Carolina are required to carry an uninsured motorist insurance policy, as the state does not require its drivers to maintain a liability policy. Uninsured motorist coverage will assist in the payment of medical and repair bills resulting from an accident for which the uninsured motorist was responsible and will also provide assistance for those individuals who find themselves the victims of a hit and run.
While it is not required, in light of the fact that SC is not a no fault state it is strongly suggested that all drivers maintain a liability policy at a minimum of fifteen thousand dollars for injuries suffered by a single driver, thirty thousand dollars for the combined medical expenses of all of the occupants of a vehicle and ten thousand dollars for necessary repairs to any property damage resulting from the accident, including that sustained by the victim’s vehicle. As the driver will be held personally liable for any costs exceeding these amounts it is not suggested that drivers only purchase minimum liability.

Also not required but strongly suggested is comprehensive and collision insurance. This coverage will provide for repairs needed by the vehicle of the insured following an accident for which they were responsible; without this coverage they will be held solely responsible for these expenses. In the event that a vehicle has been damaged beyond repair SC collision insurance will also “total” the vehicle and pay to the owner the cash Blue Book value of the vehicle. For this reason comprehensive insurance may be required for any new vehicle currently under lien.
Gap insurance may be available for those vehicles whose Blue Book value is less than the balance remaining on the lien, and allows the driver to move on without the balance hanging over their head in the event that the vehicle must be totaled.