Lady performed a u-turn and hit me

[sjp03]

Hey y’all, I got into an accident while on my motorcycle a few weeks ago and I just obtained a police report which seems incorrect. A lady pulled out from the sidewalk side of the road over a double yellow trying to do a u-turn. She had no line of sight of me because of a bus blocking both our vision and by the time she pulled out (quickly). I did not have enough time to brake and we made contact.

I’m not sure whether or not their insurance have received the report but when they called me the day before I retained it they said it is 50/50. I had the right of way, we were in the middle of two intersections and at the time I still had the green to go straight ahead had she not pulled out in front of me.

The senior officer who responded to the scene told me I’m “100% winning that insurance claim” but his partner, wrote the report instead and what seems like taking her side trying to put me at fault to some degree, not mentioning the u-turn she performed and instead said she was simply making a left turn (again we were not near an intersection or driveway she could’ve made a turn at). The diagram depicting the accident shows it happened at an intersection which again, it did not.

I’m thinking about lawyering up for this, if anyone knows any good lawyers for motorcycle/auto please let me know, I’m in NYC. This is my first accident ever so I’m looking for any advice.

Thanks!

Edit: By taking her side I mean in the way they were speaking in Spanish, and she had a pride shirt on at the time speaking to the officer in question who was apart of the community as well. Not trying to throw shade or anything.

 

[thetruthseeker1983]

@sjp03 Lawyering up for what?

Your story here isn't 100% clear... In the middle of two intersections... Than you weren't in one....

Frankly the Police Report, is just a tool in things and doesn't determine fault.

If she turned to do a U Turn and didn't make sure it was 100% clear, I'd likely put her at fault, but your story isn't clear.

Also, if you saw her pull out "quickly" than you should of had time to stop and that is where your fault maybe coming from.

Your company can settle claims as they see fit. This may end up in arbitration, but you should just get your vehicle fixed and move on.

 

[sjp03]

@thetruthseeker1983 Correct, I wasn’t in an intersection but the report made it out to be in one. By quickly I mean she didn’t slowly proceed out to make sure there was no oncoming traffic. She just tried whipping it around quickly.

The issue is, my bike is most likely considered totaled.

 

[thetruthseeker1983]

@sjp03 So, how do you know this? Did you witness her do this?

Do you have collision on your policy?

 

[sjp03]

@thetruthseeker1983 I do not, only comprehensive.

 

[thetruthseeker1983]

@sjp03 So, I don't do claims in NY, but if they are 50/50 on the claim.. you should be able to get 50% of your damages paid for on your bike. Take this as a lesson to carry collision. If I am wrong, someone will point it out.

For you injuries, a lawyer will only cost you money here. You should use your PIP coverage and get those covered.

Putting this all into one instead of two posts...

Assuming she did this or that will only make you go crazy and make it sound like you don't know what's going on. People say... "...I know they were speeding.." thinking it will help their case, I'm reality if they were, it would put more fault on you because that means you saw them and still tried to go or do whatever and were in the accident.

 

[sjp03]

@thetruthseeker1983 Thank you for the information, I really appreciate it.

 

[thetruthseeker1983]

@sjp03

I’m not sure whether or not their insurance have received the report but when they called me the day before I retained it they said it is 50/50. I had the right of way, we were in the middle of two intersections and at the time I still had the green to go straight ahead had she not pulled out in front of me.

The senior officer who responded to the scene told me I’m “100% winning that insurance claim” but his partner, wrote the report instead and what seems like taking her side trying to put me at fault to some degree, not mentioning the u-turn she performed and instead said she was simply making a left turn (again we were not near an intersection or driveway she could’ve made a turn at). The diagram depicting the accident shows it happened at an intersection which again, it did not.

Your comments clearly state you were in the middle of two intersections...

Im not aware of a lot places that are not intersections that have a traffic control device.

You state you were in the middle of two intersections and had a green arrow...

If you saw her quickly do the U turn, you likely had time to slow down and issobly avoid the accident.

 

[sjp03]

@thetruthseeker1983 Sorry for my poor choice of words but what I meant was there was an intersection 50 feet behind me and another 50 feet infront. I was driving straight ahead coming up onto the intersection in front.

There was a bus blocking her vision and I was already next to the bus by the time I saw her car at all.

 

[thetruthseeker1983]

@sjp03 So, how do you know if she was going quickly?

Sounds like she had made a bad choice to turn, but frankly almost no accidents are 100% one person's fault.

Were you hurt?

 

[sjp03]

@thetruthseeker1983 Based off the speed she turned around it didn’t seem like she was on the brake pedal at all but that’s just pure speculation on my part.

Yes I was sent to the ER with no long term injuries, just scraped knees, bruising and ongoing pain on my left shoulder/upper back at the time of writing this, nothing broken.

 

[whiteybeefcake]

@thetruthseeker1983 Middle to me reads as 'there were two intersections on either side of the stretch of road we were on,' fwiw.

 

[thetruthseeker1983]

@whiteybeefcake That's why I said his statement was confusing, because it could mean different things. Throw on top the green arrow comment makes it even more confusing.

 

[whiteybeefcake]

@thetruthseeker1983 Oh it's for sure confusing, just wanted to say it was discernible.

 

[nader1]

@sjp03 Sorry to hear this. Going forward I recommend a GoPro on your helmet so you have video evidence.

 

[sjp03]

@nader1 I actually do have one but me being stupid that day and it being a 5 minute ride to the gym I didn’t take it with me. I know I’m stupid on that part. I’m thinking about asking surrounding business if they have footage of it.

 

[nader1]

@sjp03 Good luck!

 

[tarlizzy]

@sjp03 Lawyers don’t tend to take cases for determining fault, that’s the job of your insurance company. The police report is only one factor they use, and it’s possible the insurance company will make a decision that is different than what the police report says. Attorneys love personal injury claims though…

 

[sjp03]

@tarlizzy Ah, I was thinking of maybe looking into a lawyer if the person on the other end lied on her statement to insurance and the police report, when she hit me she kept repeating “it’s my fault I’m so sorry” (I don’t have proof of this other than a friend of mine being present to hear it) and the decision was made based on that. Thanks for the feedback though.

 

[gfxrelay]

@sjp03 Admitting fault at the scene does not mean they are actually at fault. Any competent adjuster could say that their opinion at the time was they were at fault but upon review of circumstances of the loss we have found they were not in fact at fault. An Insured doesn't get to say they are at fault and compel their insurance to agree with that if the evidence doesn't support it.