To start my buddy and I got in accident and he wants me to file a claim under MY insurance or pay for it all out of pocket. He does not feel hes at fault at all... he claims I hit him from behind, I claim he cut me off causing the accident.
When you read take note that this Is the same form I am going to send to my insurance people when speaking to the arbitrator.
I hope you get a clear pictures, because if it doesnt make sense to riders how in the hell am I to convince non-riders?
Any extra input would be great!!
Here's my story:
My buddy (B 1) and I (B 2) were riding through downtown. Several times during our ride we would ride side by side, however me being a newer rider I am not comfortable with anyone riding side by side. * I was taught that you ride staggered & that one rider will ride to the left next to the dashed road lines and the other will ride close to the curb (or side of the road).
At the time of the accident we were both riding in staggered formation, B1 was on the far left part of the lane located closest to the dashed lines & B2 was riding in the far right part of the lane next to the curb. B1 was traveling ~10 – 15 feet in front of B2. B1 passes through the intersection first then B2 behind. B1 crossed over from the far left hand of the lane, without signaling, in order to make a right hand turn. As B1 turns he cuts off B2. Causing the accident to occur.
B1’s comment after the wreck was “I thought we were going to park our bikes on the side walk” (this is not a parking garage, not an alley, not a street, not even a parking lot).
Here is Indiana State Law:
Avoiding conflict with traffic or law enforcement officers;
directions of police officers or traffic control devices
Sec. 5. A person may not stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or to avoid conflict with law or the directions of a police officer or traffic control device, in any of the following places:
(1) On a sidewalk.
(2) In front of a public or private driveway.
(3) Within an intersection.
(4) Within fifteen (15) feet of a fire hydrant.
(5) On a crosswalk.
(6) Within twenty (20) feet of a crosswalk at an intersection.
(7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.
(8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings.
(9) Within fifty (50) feet of the nearest rail of a railroad crossing.
(10) Within twenty (20) feet of the driveway entrance to a fire station and, on the side of a street opposite the entrance to a fire station, within seventy-five (75) feet of the entrance (when properly sign posted).
(11) Alongside or opposite a street excavation or obstruction if stopping, standing, or parking would obstruct traffic.
(12) On the roadway side of a vehicle stopped or parked at the edge or curb of a street.
(13) Upon a bridge or other elevated structure upon a highway or within a highway tunnel.
(14) At any place where official signs prohibit stopping.
As added by P.L.2-1991, SEC.9. (http://www.in.gov/legislative/ic/cod...ar21/ch16.html)
Due to the fact that B1 was attempting to park his bike onto a sidewalk this action confused B2. B2 did not have enough react time during B1’s turning in order to avoid B1’s bike.
No police report was filed at the time of the accident. Thankfully no one was seriously injured – B2 did stuff a few cuts and scraps on his left leg.
The accident happened on Nov 14 2009 at 2:00 PM. After the accident happen B2 was informed by his agent he should file a police report. B2 filed his police report on Nov 16 2009. Within 2 days after the accident B2 filed a police report. This police report was faxed into the agent’s office. The insurance agent then shared B2’s police report with B1.
After viewing B2’s police report B1 sent B2 a text message on Nov 21 at 10:57 AM stating “you and I both k know this is not my fault. And I don’t appreciate the police report being so one-sided”.
B1 went to Bike shop got an estimate for the total bike damage. After getting the bike estimate and viewing B2’s police report, B1 went downtown and filed a police report with his own narrative of the accident.
B2 received a call from state farms claims dept on Wednesday Dec 2.
Before you make your decision B2 would like to present to you some discrepancies between B1’s report and actual. B1’s self given incident report states there is damage to the rear of his bike... There are pictures and an estimate that dispute his report.
- In B1’s police report he states damage to the back and rear end of his bike. The statement is located on the front of page of the report. Marked with X’s to the rear center, rear brake side, and brake side middle
- B1 has photo's that do not verify his damage according to his report.
- The damage is located to the front and right side of his bike.
- Estimate shows zero damage to any part of the rear of the bike.
1) Why in B1’s self filed police report does it state damage to the rear of his bike?
-- When the damage to the bike is to the front and right side of the bike…
-- Being a doctor B1 has to be so very meticulous…so how can he make a possible mistake on his police report…
-- If B1 is able to see the smallest detailed damage on his bike, that even the repair shop did not notice… how could he make a mistake on his police report…
2) This leads me to my next question how reliable can his claim be if he lied on his police report?
-- If he lied on the report, can you trust anything he’s saying?
3) How was B2 supposed to know that B1 was going to park his bike on the side walk?
-- When B1 did not signal
-- It is illegal to park on the sidewalk…
-- People are not mind readers.
4) With no damage to the rear end of the bike, stated in the estimate and through pictures, how could have B2 re-end B1?
-- Or as stated by B2, B1 did cut off B2 causing the accident.
5) How accurate of a statement can B1 give when reporting an accident that occurred 10 days after the incident?
-- Compare this to B2’s report date of 2 days after the accident.
-- Parts of B1’s police report are deceitful.
WOW... any input would be great!
Don't let this happen to you... call police at the time, no matter friend or not.
"B2", you, should have been far enough behind B1 to react to any circumstance that could happen, including a turn. B1 remaind in his lane and made a right turn, granted with no signal so he could be issued a ticket for failure to signal, had you called the cops to begin with. it seems like a shitty situation and you both are at fault, but i say more than %50 of the fault is yours.