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Important Items that you may be wondering:
I am ok, Vespa is moderately ok, other guy was at fault, and it was a subway melt on 9 grain honey wheat toasted.

The story:
I was in a hurry between service men appointments (just moved into a house and all has been going wrong) when I decided to snack on some subway. I grab the scoot and head over to the local subway for a tasty sub. I goto leave, I was in a rush and only a few blocks from home so I had my jacket and helmet on, but left my gloves off (jixned it right there).

I was behind a kid in a SUV pulling out of the parking lot, but he was taking for ever to pull out (looked like he was more worried about a SMS on his phone than the road). He realized he was blocking the sidewalks and throws it into reverse, and I hammer my little tweet tweet factory horn like a mother... Well he kept coming so I tried to swerve out of the way, but unfortunatly the gap was closing fast and I was not fully out of the way when he hit me with his SUV, I and the Vespa bounced off the corner of his rear bumper like ragged dolls, some how I was able to keep it up, and stable even though when he hit me I ripped on the throttle like evil kanevil (amazing how you don't think of that emergency engine cut off switch until after the fact).

He gets out, admits fault, gives me all his info, asks me to let him pay for it instead of filing a claim with insurance.

I was ok, and vespa only had some minor scratchings on the front, no dents. Seeing as no one was really hurt (later my ankle kinda felt sore, and my back a little sore from twisting and fighting the weight of a tipped over gt back up with out dropping it). I didn't call the cops because it was so minor (damage wise) and because I was in such a bloody hurry for the washing machine repair man.

What would you guys have done? I kinda wish now in hindsight I did call the cops because he was 19 and who knows who else he might hurt so maybe this should go on his record.

Oh well.

But yeah... is it bad karma to ride a bike that has been hit?
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You can still file a report, but may not be worth the trobble unless you need to se a doctor. as far as Karma, I don't think so. your just wanting a new bike now.
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Nah, sounds to me like you should be due some good karma. I got hit and skited along the road on my back - who knows what the bike was up to in the meantime? Same deal, though: no police, no insurance claims.

Replaced the handlebars, had the rest checked out, and i've never enjoyed it as much as when I finally got back on it. If mine can be fine after that I can't see how yours could be cursed after a few scratches. Unless you're looking for an excuse to upgrade (in which case it's obviously fucked ).

Did the guy settle up there and then?
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"who else he might hurt"?

heinzanova, the guy does not sound dangerous. We all make these mistakes and we have at different ages. If no damage is done..no damage is done.[/quote]
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First of all, if possible don't put yourself under time constraints that will put you in a "rush" situation...little things have a tendency to get out of control.

If it happens on rare occasions...it's happens.

If it happens routinely you need to drill down to the root cause and get that resolved prior to putting yourself in situation where you might have had a better chance of avoiding the incident...regardless of who is at fault.

Second, I would have filed a police report...a police report is the only paper trail / document you have if you have to subsequently file for medical expenses. You may be able to still call in to have a police report filed by securing as much information as you can and providing a statement. My brother had wished his son had filed a police report on an accident a few years back...now having neck problems.

Please be safe out there.
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Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
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558 wrote:
Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
It's an offence not to report, ONLY when there's a person injured.

Which is why you should always have a little whiplash and/or some unspecified soft tissue injuries that mean you call the cops straight away.

You never know what injuries will come out once the adrenalin and the swelling have died down. And you never know what's wrong with your bike until it's been properly looked over. Which is why my default mindset would be call the cops and make an insurance claim.

There is no onus on you to make the idiot's life easier by settling informally for a bit of cash in hand.
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Benelli Boy wrote:
558 wrote:
Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
It's an offence not to report, ONLY when there's a person injured.

Which is why you should always have a little whiplash and/or some unspecified soft tissue injuries that mean you call the cops straight away.

You never know what injuries will come out once the adrenalin and the swelling have died down. And you never know what's wrong with your bike until it's been properly looked over. Which is why my default mindset would be call the cops and make an insurance claim.

There is no onus on you to make the idiot's life easier by settling informally for a bit of cash in hand.
You don't have to report it to the police, you have to report it to Dept of Motor Vehicles if there is an injury or damage above a certain amount.
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It actually varies based upon city and state in the US as to whether you need to call the police. In Austin, you are always supposed to call the police, but most people don't. I only do it if someone is hurt, I need a tow truck, or I think the guy is going to be dishonest about what happened. It will take them an hour or more to get there. Most insurance companies require that you at least file a police report. They even have the paperwork in their office Dallas had this neat thing along the major accident corridors called an incident report site. It was a small station specifically set up to report traffic accidents.

As for what you should do. I think this is fine. It was not that dangerous of an accident. The kid may not have even been able to see you. He probably just doesn't want his insurance to go up. He also probably doesn't realize how expensive scooter repairs are. Hope you get to feeling better.
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cattus wrote:
"who else he might hurt"?

heinzanova, the guy does not sound dangerous. We all make these mistakes and we have at different ages. If no damage is done..no damage is done.
[/quote]

He can hurt someone even worse if he continues texting while driving.
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!@^$*&@!*!! That sounds like a good sandwich! What a waste.


.

.

.

Glad you are alright, man. Nice meeting you a few weeks back.
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mjm50cal wrote:
Benelli Boy wrote:
558 wrote:
Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
It's an offence not to report, ONLY when there's a person injured.

Which is why you should always have a little whiplash and/or some unspecified soft tissue injuries that mean you call the cops straight away.

You never know what injuries will come out once the adrenalin and the swelling have died down. And you never know what's wrong with your bike until it's been properly looked over. Which is why my default mindset would be call the cops and make an insurance claim.

There is no onus on you to make the idiot's life easier by settling informally for a bit of cash in hand.
You don't have to report it to the police, you have to report it to Dept of Motor Vehicles if there is an injury or damage above a certain amount.
We're both Brits, talking to each other about UK rules. But I guess it's always handy to know what to do if me and my scoot ever make it over there
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Dude, glad you're ok. And also, nice meeting you at AV. Interesting ketchup love story!
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Same thing happened to me (except I was in a car and the kid backing into me was in a monster truck) and did not file a report. I got three estimates that day for the damage and called him that night (damage was less than $1000 dollars). Turns out the kid gave me the wrong phone number. I did have his information from his licence (which he did not want to show me until I informed him it was the law ) so I was able to look him up in the phone book. His dad answered the phone and started giving me a hard time. I called the insurance company right then and let them handle it from that point on. The kids insurance company paid, and his rates went up. I tried to do the right thing and bypass the insurance company, but I wasn't going to fight about it, so that's the way it goes ...

Glad you are okay. You feel kind of defensless with nowhere to go and only a horn to try to get the other guys attention.
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Benelli Boy wrote:
558 wrote:
Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
It's an offence not to report, ONLY when there's a person injured.

Which is why you should always have a little whiplash and/or some unspecified soft tissue injuries that mean you call the cops straight away.

You never know what injuries will come out once the adrenalin and the swelling have died down. And you never know what's wrong with your bike until it's been properly looked over. Which is why my default mindset would be call the cops and make an insurance claim.

There is no onus on you to make the idiot's life easier by settling informally for a bit of cash in hand.
He is in california:

If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:

* There was property damage of more than $750 ($500 for accidents prior to January 1, 2003) or
* Anyone was injured (no matter how minor) or
* Anyone was killed.
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Wow, glad to hear you're ok and able to walk away from it.

You really gotta watch it when you're extremely strapped for time and have the urge to go out for lunch. The last time I did that it was Popeye's, and me vs. an Audi A4. The Audi won, and instead of my Popeye's lunch I got a seriously broken arm, an ambulance ride, and a busted Scarabeo. Let the fast food go when you're in a rush... just let it go!

You know, I still haven't gotten that damn Popeye's lunch, and that was like 4 years ago.
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rgconner wrote:
Benelli Boy wrote:
558 wrote:
Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
It's an offence not to report, ONLY when there's a person injured.

Which is why you should always have a little whiplash and/or some unspecified soft tissue injuries that mean you call the cops straight away.

You never know what injuries will come out once the adrenalin and the swelling have died down. And you never know what's wrong with your bike until it's been properly looked over. Which is why my default mindset would be call the cops and make an insurance claim.

There is no onus on you to make the idiot's life easier by settling informally for a bit of cash in hand.
He is in california:

If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:

* There was property damage of more than $750 ($500 for accidents prior to January 1, 2003) or
* Anyone was injured (no matter how minor) or
* Anyone was killed.
OK. Great. So much better to have that cleared up. Did it escape you that the rest of my post was addressing the actual question?
Original Poster wrote:
What would you guys have done? I kinda wish now in hindsight I did call the cops because he was 19 and who knows who else he might hurt so maybe this should go on his record.
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Alice wrote:
Same thing happened to me (except I was in a car and the kid backing into me was in a monster truck) and did not file a report. I got three estimates that day for the damage and called him that night (damage was less than $1000 dollars). Turns out the kid gave me the wrong phone number. I did have his information from his licence (which he did not want to show me until I informed him it was the law ) so I was able to look him up in the phone book. His dad answered the phone and started giving me a hard time. I called the insurance company right then and let them handle it from that point on. The kids insurance company paid, and his rates went up. I tried to do the right thing and bypass the insurance company, but I wasn't going to fight about it, so that's the way it goes ...

Glad you are okay. You feel kind of defensless with nowhere to go and only a horn to try to get the other guys attention.
How was dealing with the insurance seeing as you did not file a report? Did you call your insurance or go strait to his?


Buglake:
You have no idea, it was an amazing sandwich, I forgot to mention there was an icey cold coke also involved.

Rex:
Thanks Man, it was a pleasure meeting you at AV also, glad I finally guessed what your plate was.

TheBigMaroon:
Yeah, also in California they have recently made that a crime also... which is probably why he was in such a hurry to take care of it on exit of the parking lot.
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Benelli Boy wrote:
rgconner wrote:
Benelli Boy wrote:
558 wrote:
Do the police not have to informed in the USA? It is an offence not to report things like that in the uk...
It's an offence not to report, ONLY when there's a person injured.

Which is why you should always have a little whiplash and/or some unspecified soft tissue injuries that mean you call the cops straight away.

You never know what injuries will come out once the adrenalin and the swelling have died down. And you never know what's wrong with your bike until it's been properly looked over. Which is why my default mindset would be call the cops and make an insurance claim.

There is no onus on you to make the idiot's life easier by settling informally for a bit of cash in hand.
He is in california:

If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:

* There was property damage of more than $750 ($500 for accidents prior to January 1, 2003) or
* Anyone was injured (no matter how minor) or
* Anyone was killed.
OK. Great. So much better to have that cleared up. Did it escape you that the rest of my post was addressing the actual question?
Original Poster wrote:
What would you guys have done? I kinda wish now in hindsight I did call the cops because he was 19 and who knows who else he might hurt so maybe this should go on his record.
Take a deep breath there.

It is all part of a chain of questions, he did not call the cops, he should have because $750 of damage is not much on a scoot, plus your stated reason of potential injury even if you don't "feel" it.

And my post answers 558's original question, and the OP's orginal question, plus expands on your half answer, and it does so by stating what is required by law in California where the accident occurred.
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Alice wrote:
Same thing happened to me (except I was in a car and the kid backing into me was in a monster truck) and did not file a report. I got three estimates that day for the damage and called him that night (damage was less than $1000 dollars). Turns out the kid gave me the wrong phone number. I did have his information from his licence (which he did not want to show me until I informed him it was the law ) so I was able to look him up in the phone book. His dad answered the phone and started giving me a hard time. I called the insurance company right then and let them handle it from that point on. The kids insurance company paid, and his rates went up. I tried to do the right thing and bypass the insurance company, but I wasn't going to fight about it, so that's the way it goes ...

Glad you are okay. You feel kind of defensless with nowhere to go and only a horn to try to get the other guys attention.
Reason to file police report at time of incident, rather than after the fact...
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heinzanova wrote:
Alice wrote:
Same thing happened to me (except I was in a car and the kid backing into me was in a monster truck) and did not file a report. I got three estimates that day for the damage and called him that night (damage was less than $1000 dollars). Turns out the kid gave me the wrong phone number. I did have his information from his licence (which he did not want to show me until I informed him it was the law ) so I was able to look him up in the phone book. His dad answered the phone and started giving me a hard time. I called the insurance company right then and let them handle it from that point on. The kids insurance company paid, and his rates went up. I tried to do the right thing and bypass the insurance company, but I wasn't going to fight about it, so that's the way it goes ...

Glad you are okay. You feel kind of defensless with nowhere to go and only a horn to try to get the other guys attention.
How was dealing with the insurance seeing as you did not file a report? Did you call your insurance or go strait to his?



I called my own insurance company and they contacted the other guys insurance company on my behalf. There was no hassle from them about not filing a report. I don't think they even asked me that.

I really didn't see the point of calling the police over a dented bumper in a parking lot. But I also didn't forsee the kid trying to wiggle his way out of paying, or giving me the wrong phone number.
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one thing I would do in the future is to get rid of that stock 'tweet-tweet' little horn and install a LOUD one. Either a Stebel or a Roadblaster...
-But something much louder to stir these unconscious gropes out of their comas when they are moving into your space!!!
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Wow, I'm glad you're ok, that could have been a whole lot worse! That's a tough call though. If it were me, I would have been inclined to call the cops. The last time I got hit, I regretted not calling the cops, because in hindsight, it would have been a wise idea, since I suspect the guy might have been drinking, and he could have ended up causing a more serious accident later on. In this case, the kid probably wasn't drinking, but that doesn't excuse his recklessness, first by pulling out into the intersection when it wasn't clear, then by backing up without looking behind him, and especially if he was fiddling with some gadget in the process. That tells me that he's an inattentive driver and that he poses a danger to others around him. Personally, that's one thing I have absolutely no tolerance for, even though the state of CA apparently does, giving licenses to just about anybody like Cracker Jack prizes.

However, you may be forced to go through your respective insurance companies to settle the claim. Chances are that your repairs will be more than $750, which would mean that you are required by law to report the incident to the DMV (the form is at http://www.dmv.ca.gov/forms/sr/sr1.pdf), and they will contact both of your insurance companies in turn. If your insurance company hears about it from the DMV before they hear about it from you, they may not be too pleased. So, you may need to break the news to dingleberry that he's going to have to involve his insurance company after all.

Last but not least, it's not bad karma to ride a bike that's been hit. It's good karma to fix it up and keep riding it, as long as it's repairable and safe to do so. It would be bad karma to get rid of a bike because of a little dent or scratch. And, of course, it's very very bad karma to hit somebody on a bike...
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Same happened to me
Same thing happened to me three weeks ago. Young college girl backed out of a parking spot and didn't see me. I stopped short, but like you couldn't get myself out of her path. Fumbled around trying to find my horn button but to late. She backed into me at a slight angle, knocking me over. Didn't hurt me, but scrached up the left side pretty good.
She was all upset, I only got her name and email address. I told her then that the damages would probably run around a $1000 dollars.
Went to home to try buffing scraches. While washing the scoot I found the front fender cracked right by the attaching bolts. When I went to the vespa dealer, they guessed about $1800 to repair all the damage.
I emailed the young lady with the bad news. She contacted her insurance and all got taken care of.
Sometimes I trust people too much, but all seems to work out if I express myself properly.

Suggest you look closely at the fender for cracks.
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Witch wrote:
Wow, glad to hear you're ok and able to walk away from it.

You really gotta watch it when you're extremely strapped for time and have the urge to go out for lunch. The last time I did that it was Popeye's, and me vs. an Audi A4. The Audi won, and instead of my Popeye's lunch I got a seriously broken arm, an ambulance ride, and a busted Scarabeo. Let the fast food go when you're in a rush... just let it go!

You know, I still haven't gotten that damn Popeye's lunch, and that was like 4 years ago.
You are not missing much with Popeye's. It always gives me bad gas
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Always contact the other guy's insurance. And make sure he does too and explains what happened, especially if there is no police report. It is the only way to be sure you will get reimbursed for all damages.

Not sure about CA law, but where I am the police are not obligated to show up or write a report for an accident on private property such as a parking lot. From your description it sounds like you were still in the lot. All the more reason to get the guy's insurance info and call immediately.
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bagel wrote:
Wow, I'm glad you're ok, that could have been a whole lot worse! That's a tough call though. If it were me, I would have been inclined to call the cops. The last time I got hit, I regretted not calling the cops, because in hindsight, it would have been a wise idea, since I suspect the guy might have been drinking, and he could have ended up causing a more serious accident later on. In this case, the kid probably wasn't drinking, but that doesn't excuse his recklessness, first by pulling out into the intersection when it wasn't clear, then by backing up without looking behind him, and especially if he was fiddling with some gadget in the process. That tells me that he's an inattentive driver and that he poses a danger to others around him. Personally, that's one thing I have absolutely no tolerance for, even though the state of CA apparently does, giving licenses to just about anybody like Cracker Jack prizes.

However, you may be forced to go through your respective insurance companies to settle the claim. Chances are that your repairs will be more than $750, which would mean that you are required by law to report the incident to the DMV (the form is at http://www.dmv.ca.gov/forms/sr/sr1.pdf), and they will contact both of your insurance companies in turn. If your insurance company hears about it from the DMV before they hear about it from you, they may not be too pleased. So, you may need to break the news to dingleberry that he's going to have to involve his insurance company after all.

Last but not least, it's not bad karma to ride a bike that's been hit. It's good karma to fix it up and keep riding it, as long as it's repairable and safe to do so. It would be bad karma to get rid of a bike because of a little dent or scratch. And, of course, it's very very bad karma to hit somebody on a bike...
Good Call on that form, I had no idea, thanks for the link to.

I filled it out and decided to just goto my insurance company, they said it defiantly sounds like a no fault for me and that they will go after his insurance, but they said with no independent witnesses 'stories can change'.

Although the good news is State Farm said that the fact there was no police report doesn't really matter because most of the time now a days (so they claim) with out major damage or sever bodily damage they do not come out and write up reports unless there is a hostile exchange of information.

My only concern is this SR-1 form doesn't give you a location to fill out details on the accident... Wonder if this will show up as an accident against me on my record?
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Did you give the guy a chance to pay up first? Just because some of us have had problems, doesn't mean that YOU would have had a problem. Plenty of people settle minor fender benders without involving insurance companies, the police, or the DMV and everyone leaves happy.
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Addicted
over priced Italian wheels
Joined: UTC
Posts: 543
Location: Silicon Valley
 
Addicted
@heinzanova avatar
over priced Italian wheels
Joined: UTC
Posts: 543
Location: Silicon Valley
UTC quote
Alice wrote:
Did you give the guy a chance to pay up first? Just because some of us have had problems, doesn't mean that YOU would have had a problem. Plenty of people settle minor fender benders without involving insurance companies, the police, or the DMV and everyone leaves happy.
I called him and he is getting squirrelly about the amount of the damages and estimate I got from a local shop to have the front repainted, that is pending any further finds. I just don't need most stress in my life, and if he wants to make this harder than it has to be, I am more than happy to just let the insurance settle this. I am trying to make it easier for the both of us, but now, I think I'd rather just take the corporate road.
@alice avatar
UTC

Molto Verboso
ET4
Joined: UTC
Posts: 1681
Location: Southern California
 
Molto Verboso
@alice avatar
ET4
Joined: UTC
Posts: 1681
Location: Southern California
UTC quote
People often don't realize how much even a small repair can cost. Sometimes it is better to just let someone else fight your battles for you.

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