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Discussion Starter · #1 ·
i forgot to make my own thread...copy/pasted this from the helmet thread...


long story short, car hits me from behind while at a red light...i was in 1st gear and it lunged me forward causing me to lose my grip on the clutch and blip the throttle...i got shot into the intersection and tumbled off the bike while it slid to a stop.

first thing that hit was the back of my head @ about 20mph....helmet AND jacket helped me a shitload..the textile has a few small rips and the helmet is scraped on the back but all in all i got right up, picked up the bike, cussed out a driver and got a check for damages on the spot...BUT no broken skull. i'll put up some pics of my gear when i get a chance...only real damage to the bike was a broken shift lever, but i still managed to ride her home..it landed on the side that was already beat up from theft


typical usdm420 luck :thefinger
 

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damn dude gave you a check on the spot??

how much he give you?

gota get a new jacket and helmet(again!)
 

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cussed out a driver and got a check for damages.

Better go cash that asap before they cancel it out :laughingr
 

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to hell with the johhny on the spot check! id have laid there till the cops and ems arrived...what happens next week if ya cant recall your own name? start walking into strangers homes thinking its yours?lol... thats what insurance is for. not to mention the little things that might be screwed up that youre not even aware of yet....just my $.02 worth..do i get change back? :p
 

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The helmet and jacket alone is easy $500 so I'm trying to figure out how much dude coughed up
 

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Discussion Starter · #8 ·
1st off i dont have a license so staying around for cops was not an option....i got his info, said it'd be about $500 and left it at that....SHIIIIIT, you think his insurance company would've paid out to an unlicensed rider?


i was just damn glad she started right up...and the helmet is fine, i'm not gonna buy another one...the jacket needs replacing tho. once my head hit i naturally lifted it off the ground while i slid
 

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dude if your helmet hit the ground with your head in it, throw it away or put a plant in it! The next time youhit the ground(hope you don't) may be the same spot and may have stress fractures you dont know about.Not worth the gamble to me just $.02 though
 

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sarasotamale said:
to hell with the johhny on the spot check! id have laid there till the cops and ems arrived...what happens next week if ya cant recall your own name? start walking into strangers homes thinking its yours?lol... thats what insurance is for. not to mention the little things that might be screwed up that youre not even aware of yet....just my $.02 worth..do i get change back? :p

He does not have a license.
 

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usdm420 said:
1st off i dont have a license so staying around for cops was not an option....i got his info, said it'd be about $500 and left it at that....SHIIIIIT, you think his insurance company would've paid out to an unlicensed rider?


i was just damn glad she started right up...and the helmet is fine, i'm not gonna buy another one...the jacket needs replacing tho. once my head hit i naturally lifted it off the ground while i slid

Shit man, I did not realize you already posted this about the license. HAHA
 

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usdm420 said:
1st off i dont have a license so staying around for cops was not an option....i got his info, said it'd be about $500 and left it at that....SHIIIIIT, you think his insurance company would've paid out to an unlicensed rider?


i was just damn glad she started right up...and the helmet is fine, i'm not gonna buy another one...the jacket needs replacing tho. once my head hit i naturally lifted it off the ground while i slid

I still think it will cost more then $500 cause you need a new helmet if you hit the helmet on the ground...might as well get the helmet you wanted (maybe this is your good Karma you get a new helmet and jacket... and if your smart maybe even a paint job for that bike of your !)
 

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Police officer here.......

First off, you were not at fault and or didnt contribute to the accident in any way. Therefore the insurance company is required to pay out no matter what your license status. If that were the case, then you would be forced to sue the driver of the motor vehicle that struck you, and that is the very reason why we pay insurance is to prevent from having to pay out of our own pocket. So, just like a said, they do have to pay.
Second off, You can not be written a citation or ticket for something that the officer does not witness. He did not witness you driving the bike, therefore he cannot cite you. Thats just the way it is. A traffic ticket is an actual violation, but when it comes to court it can actually be treated as a misdemenor offense. State law specifies that an officer must witness a misdemenor to make an arrest (write ticket) for such. the only exceptions are laws in regards to domestic violence, shoplifting, and DUI. law goes on to add a few more in title 32 which says, The only thing that an officer can write a citation for when he actually doesnt witness you in physical control of the vehicle is "no insurance", "unable to provide valid proof of insurance", and "driving under the influence" (go to jail of course on this but its still a traffic ticket that you are not allowed to simply sign).
Third Off, What is a $300 dollar ticket compared to possible medical bills and or $ to fix your bike?
Better hope that check dont bounce! Actually all he has to do is Stop payment on the check and there is nothing legally you can do or anything. If it were to bounce, then thats a criminal matter. If He stops payment on it, then good luck in civil court.
Very Bad call on your part not calling the police and getting a report filed. If you allowed a ambulance to carry you off his or her insurance would have paid a minimum of $2,000 for simple pain and suffering. However keep in mind that there are always officers out there that does not know the law or simply wishes to ignore the law. But ofcourse you could always beat it in court if this did happen. The laws I've been speaking of are alabama laws and actally may vary slightly state to state. However most state laws govering "officers rights to arrest" are the same nationwide.
 

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Discussion Starter · #14 ·
i'm no cop....when this went down i wasn't looking thru the law book to see if i'd get into any trouble or not...i got what i could and left. physically i was totally fine, i know when i'm hurt or not.

and as for the check bouncing...i deposited it the same day and no problems clearing. i had his address etc. from his license..if he screwed me on the check i'd mapquest his ass...i didnt give him ANY of my info.
 

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zombieman said:
Police officer here.......

First off, you were not at fault and or didnt contribute to the accident in any way. Therefore the insurance company is required to pay out no matter what your license status. If that were the case, then you would be forced to sue the driver of the motor vehicle that struck you, and that is the very reason why we pay insurance is to prevent from having to pay out of our own pocket. So, just like a said, they do have to pay.
Second off, You can not be written a citation or ticket for something that the officer does not witness. He did not witness you driving the bike, therefore he cannot cite you. Thats just the way it is. A traffic ticket is an actual violation, but when it comes to court it can actually be treated as a misdemenor offense. State law specifies that an officer must witness a misdemenor to make an arrest (write ticket) for such. the only exceptions are laws in regards to domestic violence, shoplifting, and DUI. law goes on to add a few more in title 32 which says, The only thing that an officer can write a citation for when he actually doesnt witness you in physical control of the vehicle is "no insurance", "unable to provide valid proof of insurance", and "driving under the influence" (go to jail of course on this but its still a traffic ticket that you are not allowed to simply sign).

Umm... when I got in a wreck.. I got cited for failure to yield and was ticketed that. There was no police officer present, just a witness. How does that differ?
 

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zombieman said:
However keep in mind that there are always officers out there that does not know the law or simply wishes to ignore the law. But ofcourse you could always beat it in court if this did happen.
Ive seen this first hand where I've responded to a traffic accident to assist with traffic and saw the officer writting one of the "use to be drivers" a traffic ticket.
When I confronted the officer about the type of ticket he was issuing he simply looked at me like...."I didnt know that". And continued to write and issue the ticket. He later told me...."owell if he fights it, I guess ill drop it".
 

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usdm420 said:
i'm no cop....when this went down i wasn't looking thru the law book to see if i'd get into any trouble or not...i got what i could and left. physically i was totally fine, i know when i'm hurt or not.

and as for the check bouncing...i deposited it the same day and no problems clearing. i had his address etc. from his license..if he screwed me on the check i'd mapquest his ass...i didnt give him ANY of my info.
dude, i agree with your call. without a license i can see where ur not gonna be looking to find a technicality. hope the bike is all good.
 

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zombieman said:
Ive seen this first hand where I've responded to a traffic accident to assist with traffic and saw the officer writting one of the "use to be drivers" a traffic ticket.
When I confronted the officer about the type of ticket he was issuing he simply looked at me like...."I didnt know that". And continued to write and issue the ticket. He later told me...."owell if he fights it, I guess ill drop it".
Here in nevada, I was in my buddies truck, rear ended a girl and got a "failure to decrease speed" cops weren't around for about 45 mins. went to court and didn't drop it one bit. So I think you are very wrong there.
 

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zombieman said:
Ive seen this first hand where I've responded to a traffic accident to assist with traffic and saw the officer writting one of the "use to be drivers" a traffic ticket.
When I confronted the officer about the type of ticket he was issuing he simply looked at me like...."I didnt know that". And continued to write and issue the ticket. He later told me...."owell if he fights it, I guess ill drop it".

we have plently of these such officers in court.. i think we should be able to get some sort of compensation from these officers writing worthless tickets and forcing me to take time off work to go down to court and fight it. I don't get paid to know the law, officers do (trust me i have no choice but to memorize many things for my job) as you have to know the laws you are paid to enforce...
 
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