motorcycle accident need help

[emmanuel]

Hi everyone on 7-15-09 I was on my motorcycle making a left turn into a 1 way street as I get into the street I see a private cab coming backwards down the block I slow down to a complete stop while moveing towards the left side of the road and he kept coming not stopping till he hit me sending me flying back .I was ok other than some bruises and aches throught my body.
I am sure everyone is concerned and I appreciate it but simpathy is not what I am looking for here I need some advice I am going away this Friday and need to act quick
The police arrived at the scene and the officer asked him for a statement he said I stopped because there was a sanitation truck down the block and the motorcycle hit me I gave my statement (see above ) I also asked the police officer numerous times to write down the witness names but they refused and said what are you worried about its obvious he backed into you . The only other name they wrote was the passengers name who said he was backing up all the way from that house pointing at a house about 400 feet away but that is not on the report.
I picked up the police report last night and it reads like this (I am vehicle#2 he is #1)
Vehical #1 states vehicle #2 hit him from behind.vehicle #2 states vehicle #1 was baking up wich in return made vehicle 2 hit vehicle #1
That is not what I stated I never said I hit him I was stopped and got hit I went back to the 114 precint and they told me the only thing I could do is go there Thursday morning to speak to the cop .
Any ideas on what I can do so far I have the name of a witness that was sitting out her window smoking and saw what happened and I can get the name of the ups driver from the neighborhood who was there
Can I press charges on the other driver for a false rteport?
Should I file a complaint on the cop for being a lazy sack of ****?
I have pictures and will try to post later

 

[rgun2515]

First off, I'm glad you are ok.

Second. Do you have insurance? Have you reported the claim to them.

Third. What is your objective? Are you looking for repairs to your bike or more?

I have seen claims like this a thousand times. If there are no injuries, the insurance will just take care of everything. Minus your deductable.

 

[KathyC]

Glad you are ok Manny! Sorry about your bike

I'd speak with the cop on Thursday & call your insurance company and ask them what to do as well.
They should be able to tell you if you'd need the info from the UPS guy and lady in the window.

 

[Chongpark27]

Get in contact with the police officer, your insurance company and get in contact with the witnesses. In NY there is a no fault clause with accidents, so if you can get the police officer or witness to verify with your statement that the cab was backing up 400ft in a 1 way street will help with the insurance.

 

[emmanuel]

thanks all
I am not looking to sue for injuries though I have some I just want them to pay the hefty over $12000 damage.
I do have insurance but not collision and have reported it what Im worried about is they will say I hit him from the back

 

[Marteen]

give your insurance your statement and the witnesses names as well and numbers so they can contact them. You may also want to talk to the police officer who made the report. You shouldn't have to pay a deductable since it wasn't your fault.

 

[rgun2515]

As some of you know, I work for an insurance company. Just spoke to a claims rep here in my office. If you can get the officer to edit the report, it's your only chance to get them to pay if you don't have collision . And if you have witnesses get them lined up. I think you said that there was a passenger... If that is the case, the passenger can sue your insurance company and you for wip-lash or something stupid. I would assume, even the driver of the cab could sue you.

I was told after a police report is filed, it can't (or at least in our experience has never) be changed. If you can get that cop to change it, you really need to ASAP. Whatever you do, you need to report the claim to your insurance company even if "for record only". You only have a few weeks to do this or the claim can be denied if a suit comes against you.

Hope this helps. Good luck.

 

[NYreefNoob]

Emmanual call me after 6 tonight and ill go over it on insurance side with you

 

[rgun2515]

Just spoke wit the manager of the claims department. She said you need to put the cab company on notice. She gave me a draft letter for you to use. She is into bikes and has several harley davidson's herself so is all concerned...

Here is the draft of the letter you need to taylor for your situation.


(Date)



(Claimant Vehicle Owner)

Re: Automobile Liability Claim
Our Insured: (Insured Name)
Loss Date: (DOL)
Your Driver: (Claimant Driver)

Dear (Claimant Vehicle Owner name)

Our insured has advised us that your driver, (Claimant Driver), caused extensive damage to our insured’s property and/or vehicle.

Upon receipt of this document, we request that you turn this matter over to your insurance carrier so they may contact our insured at (Insd telephone number) regarding payment of this matter.

Should our insured not hear from you or your insurance carrier within the next 15 business days we will have no other alternative but to recommend further action be taken to protect our insured’s interests.

Your cooperation is much appreciated.

Sincerely.

 

[emmanuel]

Thank you
I have contacted the other persons insurance company and gave them the info though they did not get the names of the witnesses

 

[ZANYMASTER]

Damn Manny,Glad you're okay man.

 

[skene]

Glad no one was injured, and hope you are feeling better from this ordeal.
Manny, contacting and giving the most information to your insurance company will provide much more benefit than you believe right now.
If you have supportive witnesses, then it will go beyond a he said, she said. However keep in mind that in NY there is a no fault, which sometimes is can be either bad or good, depending on how the insurance companies end up with their decisions/negotiations.
The unfortunate thing is that the officers have taken the information incorrectly, however I do not think there is a way to change what was already put in. Sometimes they lack professionalism and cannot empathize when handling certain issues.
Hope everything works out.

 

[mcnuggget]

that a hole cab is no doubt trying to get away with not only hitting u but blame u cause your front made contact with his trunk. u need witness n a insurance inspector to investigate the accident n see the damages to determine who hit whom.

 

[Kaz289]

To file a complaint is a waiste of time. U can submit a statement and have it attached to your report, u can also get the witness to fill out a statement and attach that to your report. Once u have the statements bring them to the pct. records dept make sure u have the report # written on the statements. Ask that the statements be attached to your report. Im not sure about ny but in Nj this is done all the time. U could also sign a complaint against the driver for the mv infraction but that will require u to go to court. If u go that route and probable cause is found then u go to trial and if he is found guilty it will be the same as if the cop issued it.

 

[emmanuel]

what a joke
I was told to go to the precinct at 650am today to see the officer who messed up my report so I was there at 6:30 asked to see the officer and was told they notified him and he's getting dressed .
1hour 45 minutes later all the cops came and went (changed shifts) and nobody came to see me so I approach the officer at the desk and the Sargent asked me if I need help I respond yes tell him my situation and he said officer Grady is not in today but according to the #'s in the boxes of the police report the officer places the other driver at fault but he should have written the report better so come tomorrow same time to see if he can amend it .
I don't know if this guy was just saying that to get rid of me but is there any way to find out what these # mean maybe someone who was a police officer can look at the report ?

 

[emmanuel]

I found a form online that explains what all the codes on the report mean and its true the officer reported that the other vehicle was backing unsafely and driver inattention/distraction so I guess I've been worried sick for nothing . Maybe i should get try to have the statement amended anyway because the insurance company can always say if the officer was not there how can he know the other driver was backing down the block?

 

[albano]

Glad that you're all right, hopefully insurance works out! Now, the important question...if you part out that HOG, do you think the hard bags will mount on my Vespa? :tub:

 

[rgun2515]

Maybe i should get try to have the statement amended anyway because the insurance company can always say if the officer was not there how can he know the other driver was backing down the block?

That is exactly what the insurance company will say. The cop was not there. Get your witnesses to write something up for you.

 

[rgun2515]

Also... Did he get a ticket for backing down a one way street? That would be the best to submit to the insurance company.

 

[emmanuel]

Glad that you're all right, hopefully insurance works out! Now, the important question...if you part out that HOG, do you think the hard bags will mount on my Vespa? :tub:

LOL I would put them on my zuma

no tickets were issued I have a signed and notorized statement from one of the witnesses that was also in the picture that included the bike,the car and the fire truck . My wife is the notory I wonder if that makes a difference if it does the guy seems real nice and said he's willing to go out of his way so the driver of the other vehicle doesnt get away with it.