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What was I supposed to do?

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  #1  
Old 04-07-2006, 11:20 AM
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Default What was I supposed to do?

This morning I decided to ride to work as I do often. As I was pulling out the neighborhood (making a left turn) a car from the subdivision across the street ran the stop sign (making a right turn). He looked to the left and didn't see anything coming but forgot to look across the street. I had been at the stop sign a few seconds because my left side wasn't clear. He was clearly in the wrong. I laid the bike down (ruining my upright record). I was not hurt and the crash bars got scuffed but nothing major. However, my poor cell phone did not survive.

The guy helped me pick up the bike I was ok and we were both on our way. Should I have gotten any information from him? Should he have had to pay for my crash bars and cell phone? I originally thought no because I laid the bike down "voluntarily" (Well not voluntarily but it was my best option). But looking from a legal standpoint, we did not wreck and I didn’t think I’d be able to prove he ran the stop sign.

What are your thoughts?
 
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Old 04-07-2006, 11:32 AM
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Default RE: What was I supposed to do?

Wow... Sorry to hear that!

There is something to be said for having integrity and not trying to screw someone or get something for nothing, BUT.... having said that (and not being the one "in the heat of the moment"), I probably would have suggested that he pay for it. Again, I was not there - so it's really hard for me to say.

If you feel good about the way you handled it, then do think twice about it!

Glad you're OK & the damamge is minimal.
 
  #3  
Old 04-07-2006, 11:33 AM
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Default RE: What was I supposed to do?

You know that I'm a retired LEO so here goes.

There was an accident. Just because he didn't hit you doesn't make it your fault. You should have gotten his info and called the police immediately. He should be responsible for any damage, including your cellphone. If you are OK with paying for the damges yourself, no problem.

Documentation is always the way to go.
 
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Old 04-07-2006, 11:35 AM
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Default RE: What was I supposed to do?

Yes, you should have called the local constable. If you put the bike down because he ran a stop sign it's his liabilty. He needed a ticket for Aggravated Ignorance for not seeing you & your bike.
Any chance of getting his license number? It's probably not to late to make a report..
 
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Old 04-07-2006, 11:37 AM
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Default RE: What was I supposed to do?

Responsibility aside...I do believe that you should ALWAYS get personal information regardless of level of damage. In your case today there was no contact. But stories can change over time. I've been involved in situations where a fender-bender mysteriously became a major crash once the other party contacted her insurance company.
 
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Old 04-07-2006, 11:43 AM
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Default RE: What was I supposed to do?

It was my first fall ever and I was just so blessed that I was ok. Of corse screwing someone wasn't on my mind. I am an honest Chirstan. Besides I told him I was fine and he could drive off. As far as the crash bars, the scuff are at the bottom. You will never know they are there unless the bike is on a lift or you are feeling for the damage. I am upset about the cell phone.
The funny thing is I decided to contine and ride to work. I called my wife and told her I was ok FIRST and then told her what happend.

Her reply was: "Did you get the insurance on the cell phone?" and I had to say "No" [sm=icon_beat.gif]
 
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Old 04-07-2006, 11:49 AM
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Default RE: What was I supposed to do?

I learned this lesson the hard way. Every time there is an "incident", regardless of whether or not there is any visible damage, I always call the police and have an accident form filled out. Even if it never goes any further, there will at least be official documentation. If the guy leaves without waiting for them to arrive, he has now fled the scene of an accident.
 
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Old 04-07-2006, 11:50 AM
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Default RE: What was I supposed to do?

That's a tough call. As you say, there was no physical contact between you. Was he even aware that you put the bike down because of his action, or did he think you just "dropped" it? Hopefully you can get a professional opinion from a LEO in here.

Guess I am a bit slow. You already got it.
 
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Old 04-07-2006, 11:53 AM
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Default RE: What was I supposed to do?

Like someone else said to, I was not there, but it does sound like the person in the cage is at fault. I think that they should pay for your damages. Could be some other damage too, if it were me, I would take a much closer look at the bike.

Glad to hear that you are ok, and that you were not hurt.

Bob
 
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Old 04-07-2006, 11:54 AM
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Default RE: What was I supposed to do?

Im just glad to hear you werent "dead right"!

PEZ
 


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