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Discussion Starter #1
It was a really nice day so I decided to ride my motorcycle over to meet up with my family prior to the funeral. Unfortunately that turned out to be a mistake.

I was riding on the right side of the left lane, going down a road which had two lanes in each direction. The SUV in front of me slowed down and stopped for a car which was turning left in front of it. I slowed down and stopped behind the SUV in front of me.

Next thing I know I get slammed from behind. The Toyota truck that hit me pushed me forward and over towards the right side. I managed to pull a perfect '10' dismount and hit the ground running but my momentum carried me into the right hand lane. Fortunately there were no cars coming at that moment, otherwise I would have also ended up getting run over by a car.

So, as luck would have it, I walked away without a single scratch but my bike didn't get as lucky. My Akrapovic carbon fiber slip-on is now nearly broke in half all the way along the bracket holding it on as well as being bent in towards my rear tire. It must have bent that whole passenger peg area as well on that side because my undertail is popped out and out of alignment on that side. In addition to various scrapes on my fairing, my gas tank also managed to get dented. I broke my front turn signal and scraped up my frameslider really good as well.

I called 'po-po' and I'm happy to report that they (two cars) were there in less than five minutes. (Can you believe this f'ing cager was sitting there trying to blame it on me, like I put my bike in 'reverse' or something and hit him??)

Just when I think it's cut and dry the cop tells me he can't make a report saying it was definitely that guy's fault because there were no witnesses. I don't know 'wtf' happened to using common sense? There is a single tire skidmark (from my bike obviously) running from underneath this asswipe's truck right up to where my bike was now resting on it's kickstand. My exhaust is smashed like an acordian and there is a perfect imprint of the hole on my exhaust which was left in his front bumper as well as rubber from my tire.

Am I missing something here? I know this cop wasn't Sherlock Holmes (I saw his name tag -- hahaha) but it doesn't take a genius to figure out what happened.
 

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A cop is just one person's opinion, they are not the end-all of accident fault determination (juries are). It can be helpful, but it is not necessary for them to state an opinion on who they believe to be at fault. Really, the most important thing they do is provide an objective record of the facts of an accident scene (where cars were positioned, initial statements by those involved, description of the road etc.).

If you were stopped, and somebody hit you from behind, fault will likely not be an issue. Call YOUR insurance company, let them know what happened, and they will tell you how to proceed.

On a side note, its funny that this came up 2-days after I spent half a day trying to convince people here that the old "if you rearend someone, its automatically your fault" thing is a bs old wives tale

if you have other questions, feel free to pm me
 

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its a shame you didnt keep a disposable camera in your bike. I keep one in my cars and bike, just in case stuff like that happens. Shame u didnt call the cop's supervisor in for a 2nd opinion. A rear end is ALWAYS the guy in the backs fault. You'll be able to get him to pay for it, if not by his insurance then by court. Go back n take some pictures man.
 

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Discussion Starter #4
SnookayDCC said:
its a shame you didnt keep a disposable camera in your bike. I keep one in my cars and bike, just in case stuff like that happens. Shame u didnt call the cop's supervisor in for a 2nd opinion. A rear end is ALWAYS the guy in the backs fault. You'll be able to get him to pay for it, if not by his insurance then by court. Go back n take some pictures man.
Fortunately I was about two blocks from the house where I was attempting to meet my family. My first phone call was to my Dad who was waiting for me at the house. He arrived, with camera in hand, just about the same time the cops got there.

Not to worry, 'SnookayDCC', my Dad took pictures of every angle including the formentioned skidmark with the guys dented bumper and license plate in the picture.

I'm sure all this will turn out in my favor but it was more than a bit frustrating to hear the cop tell me he couldn't write up the report saying that guy was at fault.
 

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That sucks dude

Glad to see your OK
 

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Did the cop at least write a report for what he saw? He should have marked the damage he saw on the truck showing that it was his front that was damaged and mention your bikes rear was damaged.

That report should at least say he hit you from behind but not mention how it happened.
 

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Discussion Starter #7
lilxboi said:
Did the cop at least write a report for what he saw? He should have marked the damage he saw on the truck showing that it was his front that was damaged and mention your bikes rear was damaged.

That report should at least say he hit you from behind but not mention how it happened.
From what I understand he was mainly there just exchanging information for us although he did give me an 'event number' which I'll assume is basically a report number.

All I know is that he specifically said that he couldn't write up a report indicating that guy was at fault. I heard the cop tell this guy that he wanted him to call his insurance company and tell them that he just rearended somebody on a motorcycle. From what I could tell the guy was not agreeing with that suggestion.
 

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I dont know man. When I saw my sisters report, it stated both sides story and had a diagram to mark damage for each cars. I think there was a spot where the officer wrote what he thought had happened.

I live in SoCal also.

Even when my friend screwed up and got a big rig's tire rubbed against his car, the cop wrote a report.
 

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cominback said:
On a side note, its funny that this came up 2-days after I spent half a day trying to convince people here that the old "if you rearend someone, its automatically your fault" thing is a bs old wives tale
it actually depends in what state youre in. In florida, if you rearend someone, youre pretty much automatically at fault.. there is basically no reason why a rear end should happen.. even if the person stopped short for absolutely no reason... either someone's speed was too great and/or the following distance was not enough for the speed in which the vehicle was traveling.

As a LEO, i always get the excuse "but his car stops quicker than my SUV" and my reply is "then you need to drive your SUV like an SUV and increase your following distance"

as for the police report, i wouldnt worry about it, there is no excuse he is going to give his insurance company that will validate him rearending someone.
 

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In most cases if someone rear ends u then they are at fault. The only exception would probably be if a vehicle turned into the path of an oncoming car and got rear ended. Let your insurance compnay know exactly what happened and they can tell you what you need to do. And if you have a good insurance company they will do all the work for you. From you stated you shouldnt have to file this under your insurance but your insurance company can assist you in getting your money from his. Regardless of the outcome the bottom line is that you're still alive and in one piece in the end thats all that really matters. Ride safe :cheers
 

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Good to hear you came out all right. Sucks to have this head ache and your bike busted, and it isn't your fault.


SnookayDCC said:
I keep one in my cars and bike, just in case stuff like that happens.
Just out of curiosity, where do you fit a disposable camera. Maybe all your bikes have more room under your seats than the little Hawk does. :confused:

I've been looking at getting a good, thin, digi-cam to carry on me when I ride. That's about the only option I can come up with.
 

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Best thing is you are okay.

I had a friend (in socal) was riding behind this van on the highway, slammed on the brakes..she ended doing an endo and the car behind her came up and back tire landed on the hood of the car behind her.
 

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Glad to hear you're doing okay Sic. Not glad to hear about your bike.
I don't have much to add about the insurance situation that hasn't already been said but be sure to keep us posted on how this works out.
 

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Glad to hear you came out of it unscathed! Could have been much worse. Your bike will be fixed / replaced... thankfully, YOU won't have to be!
 

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I would also like to see how this turns out. I like reading the posts by comingback, he REALLY seems to know what he's talking about, and it's always nice to have knowledgable people posting what they know.
 

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sorry about the bike, glad that you are alright
 
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