need advice car and bike accident.....

HattoriHanzo · #1 08-01-2011, 12:36 AM

So I drove out to the gas station to pump gas and was on my way back home. I was at an intersection at a stop sign I had comepletely stopped no cars to be seen so I went. Out of nowhere I see a kidd speeding down the hill to my right so I slow down and he blows past me. There was a second kid who I didn't see until I was in the middle of the intersection. He ends up hitting my rear rightside bumper and goes flying. I pull over to make sure he's alright. They both blew past the stop sign. They kept saying it was my fault cuz I was in the middle and they had the right of way. There was a guy who saw it and hes willing to be my witness. The parents came and the cops came. I tried to explain to kids father that it was his sons fault as did the witness. He was just scraped up and seemed fine. The cops said it was a he said she said kinda thing so wed have to handle with insurance or soemthing like that. there was no damage to my car and the kid said the front fork of his bike was bent and needed to be replaced but he was pretty much trying to say he would need a new bike wich costs about 400. The father took down all my info and he said that ill be hearing from him. Im worried they might try to escalate this into something further or they'll try to make me pay for a new bike....what should I do. Just wait till the guy calls me? I don't understand why he wouldn't take me and the witness' word and just say it wasn't my fault this sucks

**jmattbassplaya** · #2 08-01-2011, 12:47 AM

I'd take action against them now. You have a witness on your side so you'll be good. You stopped. They didn't.

HattoriHanzo · #3 08-01-2011, 12:50 AM

But what should I do, there was no police report so I know its not that bad but im not trying to get money or anything since there was no damage to my car....

Strat-Mangler · #4 08-01-2011, 12:55 AM

My advice for what it's worth ;

1) Record the conversation and notify the guy when he calls. If he tries to bribe you by asking you to pay for a whole new bike so he doesn't sue you, you'll either avoid this from happening due to the fact that he now knows he's being recorded or he'll rethink his situation.

2) Document everything ; when he calls, from which number, the nature of the conversation (i.e. bullet point lists of topics), everything you can think of.

3) If your parents have a lawyer or you know of a friend or family member who's a lawyer, you might want to have their contact info handy. Sometimes, people who try to falsify/exaggerate accidents resort to extortion and it's funny how hearing the word "lawyer" can make them rethink their position.

4) Try to find out which insurance company he's with. I'm assuming you have this guy's info as well, right? My theory from the limited perspective of the anecdote you posted is that the guy might want to try doing whatever he can so his insurance premium doesn't go up. One possibility at least.

People as a general rule don't ever like to admit they're wrong. Some people have even gone to war because of this both figuratively & literally. If you sense these people have a lot of dough, they might be inclined to explore a civil lawsuit. You live in an extremely litigious country so that's not an unlikely possibility regardless of what state you think the son was in.

Just like with everything else, it's hard to find people who agree about almost anything so I'm sure somebody will pop up and say that I'm dead wrong, etc.

I'm just informing you of what I'd do if I were living in the US and were in your shoes right now.

Regardless of what happens, I'll wish you luck.

**jmattbassplaya** · #5 08-01-2011, 12:58 AM

All I'm saying is if I had a buddy in the automotive industry I might swing my car around his place for an expert's opinion on the matter and to check out damages to my vehicle.

I'm not a lawyer so I can give you no good advice besides that and to be proactive.

Strat-Mangler · #6 08-01-2011, 12:59 AM

Quote:

Originally Posted by HattoriHanzo

But what should I do, there was no police report so I know its not that bad but im not trying to get money or anything since there was no damage to my car....

You NEED to have a police report so everything is documented.

Track down the officers who were there like NOW!!! And get them to put down on paper that there really was nobody hurt, that your car was undamaged and that at worst the bumper of the bike needed to be changed and that's it.

Because a police report wasn't filed right then & there might mean that some details could be left out due to the officers' accountability of needing to recollect after the fact, but try anyway.

Remember ; if you can't PROVE it, it didn't happen or didn't happen the way you say it did regardless of your witness.

**jmattbassplaya** · #7 08-01-2011, 01:02 AM

Quote:

Originally Posted by Strat-Mangler

You NEED to have a police report so everything is documented.

Track down the officers who were there like NOW!!! And get them to put down on paper that there really was nobody hurt, that your car was undamaged and that at worst the bumper of the bike needed to be changed and that's it.

Because a police report wasn't filed right then & there might mean that some details could be left out due to the officers' accountability of needing to recollect after the fact, but try anyway.

Remember ; if you can't PROVE it, it didn't happen or didn't happen the way you say it did regardless of your witness.

+1

I'm surprised no report was filed. That seems VERY sketchy to me. Go after them now, and I mean like right this minute now.

HattoriHanzo · #8 08-01-2011, 01:04 AM

I didn't get his information since there was no car involved he just said he'd be calling me. He has all my information. My cousin is a lawyer so in case something happens I have him for further advice. Thanks for letting me know about recording the conversation that helps alot. I just hope they don't try to turn this into something bigger....this sucks why do people have to be so messed up.

**jmattbassplaya** · #9 08-01-2011, 01:06 AM

Why didn't you get his information?

HattoriHanzo · #10 08-01-2011, 01:07 AM

They didn't file one im guessing because there was no damage to my car and the kid said he was fine. The cops even asked him if he needed an ambulance and they refused.

HattoriHanzo · #11 08-01-2011, 01:09 AM

I didn't think I would need it but either way I can get it when he calls me. What should I ask for insurance address and full name of the father?

**jmattbassplaya** · #12 08-01-2011, 01:10 AM

Quote:

Originally Posted by HattoriHanzo

They didn't file one im guessing because there was no damage to my car and the kid said he was fine. The cops even asked him if he needed an ambulance and they refused.

Of course they would. A ride alone can cost a couple hundred or thousand. I'd be tracking down those police officers now because the other party has the ball in their court and you got nothing if they press charges.

**jmattbassplaya** · #13 08-01-2011, 01:12 AM

Quote:

Originally Posted by HattoriHanzo

I didn't think I would need it but either way I can get it when he calls me. What should I ask for insurance address and full name of the father?

Names, addresses, phone numbers, all relevant insurance information, and all damage claims (be it to the bike or the kid). Get everything you can even remotely think of being relevant.

HattoriHanzo · #14 08-01-2011, 01:18 AM

I was in shock after the kid hit my car I wasn't in the right state of my mind to get the dads info but ill follow the steps you guys have given me and hope this turns out ok. Any other advice if you have any will help thank you guys. I feel so horrible even tho it wasn't my fault I guess im still in shock :/

Strat-Mangler · #15 08-01-2011, 01:27 AM

These people will have no guilt about coming after you.

Forget about feeling bad because according to you, you didn't do anything wrong. The ONLY thing you need to do is act now and remember that this is a chess game and that right now, you're in a bad spot, so set your alarm to the earliest possible time so you can be at the police station the minute they open, call in sick tomorrow, and during your day off, figure this whole thing out.

To be perfectly honest with you, I'm unsure if you're grasping how serious this is and how quickly things can escalate so it's up to you to cover your own ass. I'm simply warning you that things like this can't end well if these people have no morals about coming after you and you don't have any documentation or didn't act quickly enough to get things done in case that scenario plays out.

Like I said ; good luck to you and the time to act is NOW.

Downunderwonder · #16 08-01-2011, 02:24 AM

Sounds like a simple case of failure to yield. If they weren't breaking the speed limit you're stuffed. Failure to yield kills motorcyclists by the dozen. Consider yourself lucky not to have killed a biker, or the kid.

EDit, hang on a sec, they were on a stop as well? Then tell them to go whistle, but look out for bikes!

i_got_a_mohawk · #17 08-01-2011, 03:40 AM

If there was a crash of any sort and the police were called out, they should have keep some sort of record.

+1 on this being serious and you needing help. +1 on you needing to get their details.

How's your neck? Seems like that could be whiplash to me . . .

bassthumpersf · #18 08-01-2011, 03:55 AM

Not a cop or lawyer, but I've been a paramedic for 15 years & have seen this a million times. Now, I'm assuming the kid was cross traffic & ran the stop sign. A bicycle has to follow the rules of the road, if he admitted to hitting the rear of your car he's admitted to blowing the stop. No way he started riding from a stopped position and hit the rear of your car.
I'd go to the PD precinct for the neighborhood it happened in because the police should have written a report regardless. If they're dispatched they write.

JimB52 · #19 08-01-2011, 06:03 AM

Did you call your insurance co.? If not, do it NOW.

hover · #20 08-01-2011, 06:14 AM

It's easy to get frantic and lose your head a bit in these situations, I realize, but your head is clear now, I gota ask, you had the foresight to retain the info of the witness but not the other party involved? And of course there WAS a car involved, yours. You bet your ass they are going to try and claim mucho funds off your policy. As others have said, get the police report now. If there's no report at all, that would be pretty crazy. Get in contact with the police dept, and the actual reporting officers and with your insurance agent, stat. Make sure everything jives, and cover your ass.

Bet the kid is home, right now, a little banged and bruised, thinking about all the cool stuff he's gonna get with the insurance settlement. Make sure that does'nt happen.