Modern Vespa

.... for those that has been in an accident with other vehicles and it wasn't your fault.

The cop gave all the responsibility to the other driver of the cage on my accident. Now this cage driver needs a lesson in watching for scooters, motorcycles and whatever else people ride these days.

And at 78 years old ... if he couldn't see me, he doesn't need to be driving for fear of hitting someone else on the road.

Since the other driver told the cop "I didn't see him" ... the cop looked me over, shook his head and told me "I don't see how anyone that drives a vehicle could miss seeing you OR your scoot in any type of incident.

Thanked me for being so standing out to other drivers. And walked away giving the other driver full responsbility for the incident.

SO... with that said ... if you have been in this type of situation, what is it that you did to the other driver in the court of law?

Give me some ideas, cause this person that didn't see me .... he is going to remember me from now own.

But what have otherpeople done to other cage drivers for your incidents...


Thanks from FM.

Ed

I am not out of rehab yet. Still working on learning to walk again.

what you want to do is contact the DA and talk to them and or a lawyer.

Don't know if the DA would have any part in this, but your insurance company should be offering to lawyer you up for court.

That said, I'm not sure if there's anything you can do, in court, to have his license revoked, which is what you seem to be aiming for at the very least. What is it you want to get out of him? Because there can be a very fine line between appropriate punishment and ruining his entire life, which probably is not justified.

The drivers inattention could have killed someone, he needs to feel it.He didn't see a moving Hi Vis green glow going down the road.

I wish you the fastest full recovery possible, and hope you will be soon walking and riding again.

pick a good lawyer - let him worry about dealing with the other driver AKA nailing him to the wall and getting you the most $$$$)


you focus on healing and rehabbing

Ed I'm sorry that you were hit by that guy and that you were hurt, but he made a mistake. Maybe a grave one at that but still a mistake. I presume he wasn't drinking or on drugs, he just didn't see you. I'm not defending him but have you ever made a mistake? Like a really dumb one? It's a rare man who can claim he's never done so.

Did you ever drive under the influence and not get into an accident? Man I know you're retired military and I remember how wild most of us were. Or how about speeding really fast but you managed to not get caught or get into an accident? Maybe a bit of stoplight Grands Prix? I'd bet the ranch all the members of this or any other forum would have to answer yes to both of those questions.

Asking for people's advice is one thing but what is it you really want to get out of this? I'd be willing to bet he'll keep an eye out for other riders/drivers better in the future just on the basis of this accident. So how much more do you want to see happen to him? Would you like him to go to jail? Or see him ruined financially?

If you don't know the answers to those there are going to be plenty of lawyers who'll step up to the plate on your behalf. Their's too I might add.

I'm 72 and I know for a fact I've been riding longer than most people you'll run into but at the same time I know I could make a mistake like he did. I hope to hell if it ever happens whoever is involved won't be killed or seriously injured, that would ruin the rest of my life. Either one of those would suffice as punishment for me. How about you?

I nearly forgot - yes I've been in accidents that were not my fault, hit by a truck on my bike, rear ended by a hit & run driver at a stop light in my pickup. Went for a ride in an ambulance, not much fun but neither of the guys saw me. Two other times I was rear ended, both times by drunks who took off when they were able to recover. They have to deal with it, not me.

My advice is this: Move on with your life and don't let this incident cost you any more than it already has. Vengeance is a two-sided sword my friend.

LL75

And so true. LL75.

I understand that. I never said he shouldn't feel it, please don't read things into my words that were never said. However, making him destitute for the rest of his life isn't a great thing and would probably not be a great feeling for decent folks to live with, either.

+1 (except for the part about being 72 and the accidents. ) I wish you a speedy recovery Ed.

get well soon, get yr damages sorted and paid for in full and focus on yr recovery.... we all make mistakes !!!

Sorry.. but that's bad advice.. His insurance company has no responsibility to hire an attorney for him..

Practically Funky's insurance company will pay for his scoot (or repair it if possible) and go against the at fault guy for their payment....
AS far as his injuries, I would expect that the insurance company of the cage should be in touch with him..If the cage was cited, he will either be fined or whatever by the court, but that has nothing to do with Funky.. really.. What can he do to him? They did away with the stocks or flogging many years ago.. The DA wouldn't get involved in traffic court..

Whether they will lawyer him up or not is up to whether they think it will work out better for them to fight the other guy and his insurance outright, or pay first and then go after them behind closed doors, so to speak. I have been lawyered-up by my insurance before, so it most certainly does happen if the circumstances are right.

Sorry to disagree with you.. but no, they won't hire you a lawyer.. I am an insurance agent (for 30 years) and was a claims specialist and attorney for 10 years before that for insurance companies.. If a policy holder gets sued, of course the company will hire a lawyer toprotect him.. but Funky isn't at fault as the Cage owes him so Funky will not be getting sued by anyone.. all I am saying may be that Funky can hire his own attorney to handle it.. probably on a 1/3 contingent so the lawyer he hires will get 1/3 of whatever he gets.. Funky's Insurance company won't pay for that.. There is no basis for that in any insurance contract.. I simply don't want Funky to be waiting for his company to do something they won't do.. Whenever someone has a serious accident like this everybody starts telling them "what they should get".. what Funky should do, is concentrate on healing.. period.. as I understand it, he is alone.. so him retaining an advocate would be very valid.. He has a lot to deal with right now..

HI
I know nothing about your laws, but larrylarry75 says full and full of wisdom.

my wife was hit, some folks waiting at a red light decided to make a whole so the car could make a left out of the parking lot.

well, it was a two lane road with a long left turn lane, my was was in the left turn lane and the dude pulled out and t-boned my wife. spun her car around 270 degrees and into oncoming traffic. The other driver was faulted for making a turn without a clear view.

make sure all medical bills are covered, repair to the vehicle and be prepared for a settlement that will account your future well being,

Sure we all make mistakes but we should also take the utmost care and responsibility when out using our machines as a simple mistake can kill someone who has many loved ones.

nearly 10 years later and my wife still has neck pain from this accident.

also, don't make room for cars to pull out when there are multiple lans of traffic. That car needs to have a clear view of all lanes before pulling out.

hi everyone

in France the insurance motorcycle , car, home, and schools it's mandatory .
which is the fact that medical care, vehicle repair the are supported 100 /100
Of course, the one who is at fault must pay an additional penalty to its insurance . but it is somewhat of a general .
but in all things there are advantages and disadvantages. courts are very little used. all is done between insurance. but ever need to sell the house for fresh medical. attention! I mean, we have a different approach to society and responsability, but is not the world wonderful! lol


nobody is perfect