Mass Insurance

Dogbone said:

Ok, My bad. Driving under the influnence and missed the turn at 65pmh. Had on all the safety gear but still collapsed a lung. Never did that before but it really hurts. Woke up in the hospital with a tube in my chest. Just got out friday. Now, I did not get sighted for anything and there was no one else involved. Bike held up very well. I was found under it so I guess I saved it. Damage, bent the bars, scratches on tank, broke the rear seat cover and some other BS but likley expensive stuff. Is it possible to put in a ins claim and not get surcharged for the next 8 years for a major at fault accident? If not I'll peace mail it but I'd like to just hand it to the dealer. Anyone know about how this insurance surcharge deal works?

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I had the same thing happen to me. My insurance is Allstate. I called up and told them that I was rounding a corner in my lane and a car came from the other direction in my lane. I had two choices. 1) hit the car head on and possibly die, hence costing the insurance company a ton of cash. 2) Avoid the collision by riding off into the grass and dumping the bike. I told them I chose 2 because it was more safe and, in effect, less costly to my insurance company. (yes, I kissed major butt). I told them that the other driver just kept driving. They asked me if I filed a report and I told them that my sister was a cop and she told me not to waste my time because there would be nothing that they could do since I didn't see any plates...(an outright lie) They completely fixed my bike and didn't charge me a cent or increase my insurance since the accident was not my fault.

Perhaps you can try that.

Oh, driving under the influence? I'm not even going to comment on that. Some people learn better through the "hard way". Hopefully, you have learned from this.

I drove under the influence once, and this is what happened as a result. I lost my girlfriend, my job as a VP and almost lost my house. I hope your accident wasn't as bad.



Tom

For the record, I am not advocating any statement made below. I claim no responsibility for any actions taken or not taken as a result of this post. I do not recommend doing anything fraudulent, unlawful, or otherwise immoral.

That having been said...

I'm an agent in CA - every state is different, so read this knowing that you'll have to check it against your state's rules.

In CA:

If you woke up in the hospital it means most likely that a police report was filed. If this is the case, the DMV will be notified and you may receive a point on your driving record - this means that your insurance premiums will go up provided that 1) your insurance company is in the habit of rerunning your motor vehicle report every once in a while, and 2) the cost of the accident exceeds the property damage threshold in your state (in CA it is $750.00), and 3) you are found to be at fault.

So, if your insurance co pays more than the property damage threshold you get upcharged and if they don't pay more than the threshold you don't get upcharged (even if they pay $749.99, and even if a police report was filed, and even if you are at fault). If you get a DUI, you're screwed no matter what and may as well get your bike paid for (in CA you're only charged for the most extreme violation for any given incident - a DUI trumps an accident, you don't pay for both).

A SINGLE VEHICLE ACCIDENT IS NOT ALWAYS YOUR FAULT - Since you were not cited, there is another way to go here (again, this is CA but see if these rules apply in your state). If you run into an animal, this is considered an "act of God" and you are not at fault. This would fall under your comprehensive coverage, not collision coverage - as such, there is no fault, no threshold, and you will not receive a point or an upcharge (the same as if your bike was stolen or vandalized or hit by lightning). If you swerve to avoid an animal and run into a tree, this is you losing control and you are at fault. It is better to crash hitting an animal (comprehensive) than to crash avoiding one (collision). The animal must have darted in front of you - if it was stationary (sitting or laying in the roadway) then it is your fault if you run into it.

Ask to see the police report - ask to see the medical report. If there is no mention of alcohol and if your recorded statements don't paint a different story, think back... are you sure you didn't hit a non-domestic animal (baby deer, coyote, big raccoon)? You want it to be non-domestic because if someone owns the dog or cat, your insurance co may try to find the owner in order to subrogate against them.

If you weren't in the hospital, you could say it fell out of the back of your truck while hauling - but I'd avoid this since the med report is there.

Your other option is to pay out of pocket - depending on the variables, this may still be best. You don't want to start a claims investigation that will end up catching what was overlooked - you may end up with that deuce after all, not to mention insurance fraud.

Another note - if you do go the claims route, check into gear replacement. Many companies consider your helmet/jacket/gloves/boots to be part of the bike, and will reimburse for these items if you remind them.

Good luck, and watch out for those possums. Oh yeah - don't drink and ride you moron. Hope this helps .

In response to Thumper - I don't know what state you're in, but that accident was your fault. You "lost control" and dumped your bike. I know it was the most sane option, but that's not how these things work. Your insurance co should not have paid for your bike, and you should have received a point on your record unless 1) you did not exceed the property damage threshold in your state or 2) you are in a no-fault state (like Hawaii) or 3) Allstate gave you "accident forgiveness" for having been with them for x number of years. Some companies do this (mine does), but you'll be charged for the next one. Avoiding anything removes that thing from the equation - that's just how it is.

The "forgiveness" portion does make sense as I've been with them for over 15 years. Plus, Florida is a no fault state.

About the points and the DUI thing, I don't think I was over the limit and I DO have a police report and that report does say that they smelled alcohol, but it doesn't say how much. It also says that I was dead, as I did die at the scene. I'm thinking that the cops filled out the report then left. Then, after that, I was revived.

But, that was 3 years ago and I did not receive any points or anything. I think maybe it's because the report said I was dead. They didn't use the word "dead" but I forgot how they actually phrased it.

So, they COULD have gave me a ticket for that accident, but they didn't so I think I just lucked out because of the circumstances.

That doesn't negate the fact that nobody should EVER drink a drop and ride. That's a big problem I have with most of my friends, as they ride Harley's and other Jap cruisers. In Florida, cruiser people LOVE to drink and ride. They bar hop from bar to bar drinking at each one until they're so plastered that they can't even stand. It's amazing. No wonder so many people die during Bike Week in Daytona.

Don't drink and ride, not a drop, ever.

Tom