Topic: Hit and Run September 23, 2010 (updated 11/02/2010)

[Mayor08]

Today on my way home from work I was hit by a car I am okay but the bike took some damage.  It is a 1975 CB750K5 that I put together this winter and spring (Project Marmalade) http://forums.sohc4.net/index.php?topic=64240.0  

To top it all off after he got out of his car and asked if I was okay he got back in his car (I thought he was pulling off to the side) and drove off.   What a bleep.  (4 letters starts with c)  I work in downtown Chicago and am used to riding around in that environment and have been for 3 years now.  This guy looked at me, lurched the car then stopped then drove right into me.  When he started then stopped I thought I was in the clear but when he moved forward into my lane I was 20' from him and had no where to go.  I was wearing my helmet, gloves, good boots, and my leather riding jacket with armor and it all helped protect me.  

When I saw he was driving off I dropped the bike (I was in the process of picking it up) and ran to get his plate number but could only manage the first 3 letters.  Luckily no less than 3 bystanders had the full plate number for me!  

Has anyone been in this situation before?  I'm looking for some advice- what should I look out for from my insurance, the police etc. to make sure I get as much value for the damage that was done.

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The tail light is also broken and the points cover is toast, license plate holder should be able to be straightened etc...

Thanks for letting me vent.

[cobra2411]

Glad to hear you're ok. I would file a police report; you'll likely need that for your insurance company anyway. They'll likely go after the driver for leaving the scene.

[Gaither]

Mayor

If you have his tag # the cops should easily be able to pick him up. Isn't hit & run a felony?! The cops are anxious to go get 'em around here. Push the cops hard to get him. Then, prosecute him to the limit.

'Bet he was "under the influence" of whatever. That is why most run around here. They know they'll get caught but they will be sober by then.

If they catch him, hopefully he has insurance. First you gotta get the cops to catch the B*&#*@d!

Sorry he "got" you! Rotten deal for you!

Good luck with this.

[Mayor08]

I called my insurance company while I waited for the police to arrive (took almost an hour) and when the police arrived they had the guys name and address by the time the report was written. 

I don't know if its a felony but I want him processed to the full extent of the law.

And it cost me $200 to have the bike transported home- not a bad price it's about 40 miles from downtown to the house and he got there just after the cops left.

[Gaither]

'Glad you called the cops immediately (and the ins co). You likely should bug the cops often to see if/when they pick the sob up. Should be easy for 'em to get him.

Also, IMHO you should take your time determining whether you are hurt or not. Particularly if the idiot has insurance. No rush and you don't have to sign an injury release to settle on the bike damages - assuming the dummy has insurance. I made this mistake years ago in a rearend (car) wreck only to find later I did have a back injury - by then, with no recourse. I learned the hard way.

'Wish you the very best in this altogether unnecessary mess. The way you describe what the idiot did points to his being stewed on something.

[sky56]

I live in the west loop of the city. Good for you I hope that scumbag gets it. I don't care if he's married with you kids. You do that and you deserve to be punished. It's great that some bystanders were able to help vs look the other way

[ev0lve]

Bad day for 75 750Ks. Yours is still sweet even with the damage.

It seems your driver is in for a world of #$%*

Hit and Run Laws in Illinois
(d) Any person failing to comply with paragraph (b - failure to stop) is guilty of a Class 3 felony if the motor vehicle accident does not result in the death of any person. Any person failing to comply with paragraph (b) when the accident results in the death of any person is guilty of a Class 2 felony, for which the person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.

[Mayor08]

the members of this forum are great!

A guy in Seattle is quoting statutes in Illinois way cool.  I'm still wound up but slowly coming down and the aches and pains are starting to settle in I'm off for a hot shower and bed have to be back downtown tomorrow for 6am.  No rest for the victims of the wicked.

[Duanob]

Hey we have more than our fair share of hit and runs around here! Way too many. Glad for once somebody got a licence number and I hope you got some witnesses as well. I hope they prosecute him but I would also toss around a civil lawsuit. This guy is scum and shouldn't even have a driver's license, especially if he was inhebriated!

Sadly we had two bad accidents last night involving drunk drivers with one fatality. In this day and age there is absolutley no excuse for drunk driving. Anybody killing another person while drunk driving should get 10 years minimum. No questions asked.

And yes get a lawyer. not a fan of them but I'm also not a fan of insurance companies getting the better of me either. They need to pay for what damage their clients inflict, 100%. Don't sign anything from the other guys insurance company! No matter what! Let your lawyer work that out. And don't expect your insurance company to get what you're owed either. they will take care of you and get what THEY are owed but not what you should get in compensation.

Whew! Glad you're OK and sorry all your hard work is down the drain. Hopefully in the end you will end up with an even better bike!

[flybox1]

a Class 3 Felony.     ouch!  this guy chose NOT to sack-up for his mistake.
make him wish he stayed at the scene. 

get better and kick @$$!
call a lawyer.

found a bunch w motorcycle exp.
just one...
http://www.josephmdooley.com/PracticeAreas/motorcycle-accidents.html

[joe29]

Glad you're okay and that someone got his plate number! 

BTW....Just don't use the same painter when you have your tank fixed.  I followed your build thread closely. 

[Old Scrambler]

Glad to hear you are OK.  Have the work needed to restore your bike quoted by atleast 2 dealers. Let your insurance company get in on the action but take your time.  Look up CL and ebay sales of similar bikes to get a value base.........Looks like a Carpy build to me!!! If this was a car you would get a rental ........so remember the higher expenses while your bike is out of commission.........also, any scratches on you clothing or boots?  Good Luck

[Mayor08]

LOL Joe!!  I promise NOT to use the same painter and Duanob I like your thinking- I have already been thinking about what I would change on my next build just did not think it would be the SAME bike. 

The visor of my helmet was scratched and I reported that to insurance I still need to meet with the adjuster to go over everything.  I had the bike taken to the house maybe I can get a couple of shops to work up a quote over the phone or with pics I wish they made house calls!

Yeah, I would hate to go the lawyer route but this P O S deserves it.

I am sore today but okay I will be riding again tomorrow if not tonight the Bonneville is still a respectable steed. 


The two times I rode this bike downtown both times someone had left a card tucked into the seat asking about it and wanting to get in touch with me.  I found it to be very flattering and am very proud of my first build.

Thanks for the well wishes and support I appreciate it.

[gmonkey]

Sorry about you getting hit.  Good you've got the guy.

Maybe you should go to a doctor to find whatever damage might've been done.  Also if the visor's scratched, the helmet might be used up even if it looks ok.  Not because of the visor but because it took a hit.  Bike helmets are a one use only kind of thing.

[Turbogrimace]

Do you have any of the witness' information?  It might be helpful so that it doesn't become his word against yours.

[xfactor]

Sorry about you getting hit.  Good you've got the guy.

Maybe you should go to a doctor to find whatever damage might've been done.  Also if the visor's scratched, the helmet might be used up even if it looks ok.  Not because of the visor but because it took a hit.  Bike helmets are a one use only kind of thing.

I say just get a new helmet even if that one is ok, dude hit you and tried to run, take him to the cleaners, and while you are there get yourself a new shoei helmet and another nice riding jacket as well.

[zzpete]

  Mr. Mayor I'm glad to read your O.K. I've driven in the city a lot and I know how it is (cabbies are the worst). Hit and run.....stick it to him sideways! A night in Cook County Jail might change his perspective on things! 

[jtb]

'Glad you called the cops immediately (and the ins co). You likely should bug the cops often to see if/when they pick the sob up. Should be easy for 'em to get him.

Also, IMHO you should take your time determining whether you are hurt or not. Particularly if the idiot has insurance. No rush and you don't have to sign an injury release to settle on the bike damages - assuming the dummy has insurance. I made this mistake years ago in a rearend (car) wreck only to find later I did have a back injury - by then, with no recourse. I learned the hard way.

'Wish you the very best in this altogether unnecessary mess. The way you describe what the idiot did points to his being stewed on something.

+1

[Mayor08]

I spoke to the insurance company today and an adjuster came out to look at the bike.  The Claim rep took a recorded statement of what happened, told me they are investigating the other driver for insurance.  The adjuster took an honest look at the damage, rated the condition of my bike as above average also took note of new parts, and the new paint (only 2 1/2 months old) the key is to have enough damage to be worth keeping but not too much to where they would total it.  Since the frame, front end, and drive train is intact outlook is positive but I'll have to wait a few days to find out.  Tomorrow I have a doctors appointment to check my left shoulder and lower back.

Looks like the maximum penalty for the P.O.S. that drove off is $1500 fine and a 1 year suspension of his license.

[going4speed]

The laws are not strong enough.  That is not near enough punishment. 

Glad your okay though after that.

I think that most insurance companies would call a bike this old a write off.  Hope they dont.   Keep us posted.

I spoke to the insurance company today and an adjuster came out to look at the bike.  The Claim rep took a recorded statement of what happened, told me they are investigating the other driver for insurance.  The adjuster took an honest look at the damage, rated the condition of my bike as above average also took note of new parts, and the new paint (only 2 1/2 months old) the key is to have enough damage to be worth keeping but not too much to where they would total it.  Since the frame, front end, and drive train is intact outlook is positive but I'll have to wait a few days to find out.  Tomorrow I have a doctors appointment to check my left shoulder and lower back.

Looks like the maximum penalty for the P.O.S. that drove off is $1500 fine and a 1 year suspension of his license.

[Gaither]

Mayor

FWIW (This is NOT "legal advice" - it is just from my experience. You likely know this anyway.

IF the idiot HAS insurance, THEY will be liable to pay you what it will cost to restore the bike to the condition just prior to him hitting you. Let's hope he is covered. Under these circumstances, I always get 3 estimates for proper repairs (you may/may not need 3). The liability ins co can usually pick the lowest estimate to pay against. Under these circumstances you could allow the shop to do the repairs or require them to write you a check for the amount of damages.
 
The only way the idiot's insurance could "Total" your bike is if you allow them to total it. (Your insurance co can total it if they decide to.)

However, if you allow your ins co to handle any settlement with the idiot's ins co you might still see the bike totaled - I've never put myself in such a position and have no idea of how this might turn out. I always delt with the liability ins co directly.

Just "food for thought". As you know, ins co's didn't become rich being fair or nice! So, you'll need to watch out and do what is best for your own interests.

Do you need to file charges against the idiot with the cops? Of course, he MUST be punished legally'

I wish you good luck in the entire matter.

[Skonnie Boy]

As a daily combatant of Chicago traffic, I always like hearing these stories with happy endings.  Hope his insurance comes through, as well as the CPD end of things.  It doesn't surprise me that it took them an hour to show up, though.  Keep us posted.

[BobbyR]

When dealing with his Ins Company for settlement I would imagine that you are still having some aches and pains from the violent fall you took as result of his insured's criminal act. 

[Mayor08]

Once I hear from my insurance I have the option to take it to a bike shop for an independent evaluation so I'll wait until I hear from them in about 48 hours.  I am in no hurry to sign anything until I hear what the police are doing to pursue this criminal. 

Last night I was web searching for parts and figuring out how I want to go about the rebuilding process.  Not much will change but I will add a small rear fender (cutting down the original) to help conceal the turn signal wiring so I'll need a slightly different tail light.  Also I will have a proper paint job done in fact I don't like how the frame turned out so I might strip down the bike again....we'll see.  It almost makes sense since I have an oil leak between the block and the transmission.  So, on the bright side I get to tear open an engine for the first time!  This project is all about learning and having fun and learning some more I just had no idea I would be getting a crash course in hit and run law. 

Would you know it- my new main jets arrived yesterday!!...I am still dialing in my carbs though I need a proper sync.  For laughs I tried to start the bike yesterday and it would turn over but would not catch I have a feeling the points shifted and are totally out of whack I'll see if I can't get them set again so it will fire and idle like it used to. 

[Mavryk03]

Yeah Mayor glad your OK, here in Indianapolis, IN we had a cop who was on duty run over two bike riders a couple of weeks ago. one bike a passanger and the other guy was by himself well he killed on guy and the other two were in critical condition but they both came out OK with some broken bones and some things like that, so come to find out the next day he was DRUNK   , in the morning it was 11:30am when this happen, WTF. So when they took his blood and breathalyzed him some how it was done incorrectly ummmmm really yeah one cop looking out for another. So that got thrown out of court and he didn't even get put in jail just a slap and put behind a desk till the investigation is finished and he has been in five other accidents in the last 4 years, really who can you trust when s#%t like this happens. i love to ride I'm just worried about all the other dumba$$ out there.