Prius crossed centerline, beloved TL toast, I'm OK

3127 Views 36 Replies 15 Participants Last post by Pfunk, May 31, 2014

Pfunk

Discussion Starter · Dec 7, 2013

Hi All,

I've not been around for some time but was still loving the TLS until an old couple in a Prius crossed the centerline on a back road and took me out. I walked away from the wreck but the TL didn't. 20 years of riding experience, safety courses, always being alert, and going at a mellow pace didn't stop it from occurring, so it's a good lesson, I suppose. Despite gouges in the road showing I was on my side of the road, their insurance company denied all responsibility and I'm on my own to replace the bike. I had a lot into the bike, and will take what I can off the old one, buy another, and replace what aftermarket parts cannot be repaired. I've my Ohlins forks off to Ohlins for an inspection now. Anyway, here's a shot of the bike the day of the wreck, about an hour before it all went down.

EDIT: Won't allow a 225Kb file, so sorry, no pic.

1 - 20 of 37 Posts

Pfunk

Discussion Starter · #2 · Dec 7, 2013

Found the link to the build thread from back in the day: http://www.tlzone.net/forums/bike-pictures/73768-well-shes-finally-done-i-think.html

And here's a current link to photos: http://fradale.net/La_Dolce_Vita/Hobbies_N_Cats/Pages/Cycling.html#0

The Ring-In

· #3 · Dec 7, 2013

get a lawyer and send them a letter of demand.

its small enough to deal with in the samll claims court without spending a heap of money.

In fact google letter of demand and print it and send it yourself . wait 7 days and lodge with the county court house.

take photos of the road for evidence and give it a go.

its probably not too late to file a complaint with the police for negligent driving causing injury.

rxf610

· #4 · Dec 7, 2013

Oh, and the Ring-In is also glad you are ok. =p

Seriously though, we all are glad you are safe. Things can be replaced... We can't...

The Ring-In

· #5 · Dec 7, 2013

Oh, and the Ring-In is also glad you are ok

thank goodness for my e-secretary. :lol

So I take it you're OK?

i had a stoush with a neighbour at 5.10am this morning when he let his dog out to bark.

so I'm still in business mode :banghead :laugh

MIKE FORD

· #6 · Dec 7, 2013

Bugger,glad to hear your ok fella.

cyclecamper

· #7 · Dec 7, 2013

Your profile doesn't say where you are from. Japan? Regardless, you need a lawyer of some kind!

Pfunk

Discussion Starter · #8 · Dec 7, 2013

I'm in Japan, non-military US citizen, been here about 13 years. Honestly it's not worth it to me to lawyer up; I could win, I think, but it would take a long time and be quite a hassle. It's simpler for me to eat the loss and move on. I am somewhat amazed and happy to have walked away with no injury other than a bruised leg.

It's been awhile since I've been in the market for fun parts--I see there's the possibility of re-flashed ECUs now?

Pfunk

Discussion Starter · #9 · Dec 7, 2013

EDIT: Weird. Double post...

oldtlsdoug

· #10 · Dec 7, 2013

Glad you are ok, the care, patience, riding courses and safe riding did pay off, you didn't nail the Prius at some impossible speed and get killed. Very glad you are ok, nice to see someone get out without a lot of hurt. Sorry about your bike, but I understand your pain in that regard. Good luck with it.

1crock

· #11 · Dec 7, 2013

:stupid Most likely you walked away because of your experience and you were prepared. :thumbup

Pfunk

Discussion Starter · #12 · Dec 7, 2013

Maybe; certainly it could have been a much worse incident. I always wear full gear, but still...

The Marchesini front wheel is toast, the Ohlins forks are suspect (hence seeing what it would take to get them back to spec), the Attack t/c is suspect, and my LBS doesn't trust the frame now. Whether they measured it all out or not I cannot say, but I'd like to have it measured. The radiator is broken, the frame slider gouged, the Harris rear set broken, and the K-Factory can is dinged. There's some body damage and a shot mirror, of course. Really, when I saw it after picking it up off the ground I thought other than the wheel she'd be repairable. In Japan, apparently, used frames are rare and the regulations make motor swaps difficult to pass. Still, it seems a waste. I've contacted Over Racing to see if they'd be interested in making me a trellis frame, just to see if it's possible and how much it would run. Once I know what I need to do I'll post up here.

cyclecamper

· #13 · Dec 7, 2013

I like the paint job.

In the US the legal settlement "problem" here would be specifically that you had no permanent injury or scar, and your temporary injuries are not too serious. You would collect the blue-book for the TL and maybe some of your gear, and a bit for your pain & suffering. When my brother got cut off and cracked up his Corvette the other person's insurance wanted to blow him off until they found out he chipped his tooth on the steering wheel. All of a sudden the conversation becomes "permanent facial disfigurement" and they're at the door "what can we do for you" trying to get him to take a fast settlement and sign a release.

I'm Glad you're OK and if you can afford to just absorb the financial loss I'm glad you're in better financial shape than most. I'd be pissed and have to collect. Much better for your blood pressure if you can afford to let it go or just hand it all off to somebody to handle for you.

Pat Man TLR

· #14 · Dec 7, 2013

Glad you are well and uninjured; I would go after the insurance company to pay for something. The reason I said that is back in January 2006 I was off for a six weeks so I trailer my bike to Florida to visit family prior to my deployment to Afghanistan, on my way back I got rear ended in Nashville Tennessee by a Singular wireless truck, the accident bent the tongue on my trailer and the rear corner of my enclose trailer, thank goodness the bike was strap down really good and didn’t get damage, I had a sore neck and back, I didn’t think nothing about it and just wanted to get my trailer repaired, I wanted to go on tour so didn’t push it and only settle to have them fix the trailer, now I am having problem with my neck and hands goes numb from time to time, the doctor think it from the injury I had back then, they can tell because the scaring and calcium build up on my spine. There is good and bad thing to this, I am getting compensation from the military, because during my tour an armoured vehicle in front of mine in the convoy was hit by a suicide bomber, they are covering me because it could be from the explosion concussion. The bad thing is we lost 4 of our fine Canadian soldiers that day, but could have been my vehicle so I am thankful I am still around to enjoy life. People pay insurance for accident coverage and they should honour their obligation to cover their clients or injured parties, especially when their client is at faults. Don’t let them get away with not paying for your lost and suffering.

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Pfunk

Discussion Starter · #15 · Dec 7, 2013

The countryside police at the scene said "Sure there are gouges on your side of the road, but there's no way to know if you both impacted elsewhere, not definitively." They made this judgement without measuring anything. Once they wrote that, though, the insurance company was set. It's not that the loss doesn't impact me, but I'm not about to head down a legal road that will just prolong the hassle without a firm chance of collecting anything. I'm just glad to be uninjured and that my wife, while not thrilled with me getting back on a bike, knows its important to me and didn't argue against another bike.

Though she did suggest just getting a used Honda XL250R instead... :laugh

Pat Man TLR

· #16 · Dec 7, 2013

I would like to see it when you get it all put back together good luck and take care.

snowblind

· #17 · Dec 7, 2013

Insurance companies suck. I got knocked off whilst stopped at a red light. I have what is probably a permanent ankle injury as a result. The insurance assessor turns round and says, "Oh we know you used to play rugby. That might have caused the injury and not our clients car wedging your foot into the road. So no payout for that then."

Anyway, glad you walked away from it. At the end of the day a machine is just a thing and things can be replaced. Life is the bit that counts.

cyclecamper

· #18 · Dec 8, 2013

snowblind said:
"Oh we know you used to play rugby. That might have caused the injury and not our clients car wedging your foot into the road. So no payout for that then."

That guy fed you a line of total bullshit; I hope you didn't fall for it. A decent lawyer will use that to lower the burden of proof of injury, and able to base libility on just comparing before to after. They don't have to prove that the incident could have cause the end effect anymore. They call it "aggravation of a previous condition" and the idea is that due to a previous injury you were "delicate" and had to take extra care to prevent serious injury. So with proof of the rugby injury even the slightest bump might cause serious harm, with them liable for the change, even if the final result is due to both incidents. You might have had an easier legal case if you can prove a previous rugby injury.

cyclecamper

· #19 · Dec 8, 2013

It WOIULD be good to see justice done, just to reinforce the precedent and rules of liability. It pisses me off when there's frivolous claims, and it pisses me off when legitimate claims get blown off.

Gorfinder

· #20 · Dec 8, 2013

I hope you get a fair deal, they use any excuse not to pay out... my left arm was in bad way lot pain in elbow. I had to have operation to remove dead stuff in joint , lift tendon and replace,,,,,, they said because i was over 50 it was my age that caused it
Not hitting the floor after being hit by the car pulling out on me..... NO pay out for that.... my solicitors were crap.. .. NO win no fee they got more than i did...

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