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wreck by wrecker!!!

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  • #16
    I've worked as a claims adjuster in California and you CAN still be liable for an accident even if you didn't make contact. Thing is if there are no witnesses it becomes next to impossible to prove. I can only recall two times I had someone come in to me and say, yes I pulled out in front of them or I pulled into their lane. Usually I only would get the other side of someone came over into my lane (which also wasn't always true, but I digress)...

    Most likely this guy new exactly what he did and when he was sure he could get away without being caught he took off. It happens all the time, not just to bikes but cars too.

    Glad your ok.
    1979 XS11SF (Shiny Red Sled)
    1982 XJ11 (winter project- Black Beauty)
    1992 XT225 (yard sale find)

    Decide-Commit-Succeed

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    • #17
      Sorry bout your 'incident, glad your alright. Don't matter what state its in, that's a failure to yield right of way resulting in an accident plus leaving the scene of an accident, the latter being a felony in some states..........even in Caly.
      81H Venturer1100 "The Bentley" (on steroids) 97 Yamaha YZ250(age reducer) 92 Honda ST1100 "Twisty"(touring rocket) Age is relative to the number of seconds counted 'airing' out an 85ft. table-top.

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      • #18
        Originally posted by CatatonicBug View Post
        I just asked my sister, who is a CA cop, and her answer was that you are only required to stop and exchange information if you actually make contact with something/someone. In this case, it's considered a solo crash, and the wrecker driver is not legally responsible. Kinda sucks, but that's the law.
        That's interesting since my mother was busted because she caused an accident without making contact.
        Cy

        1980 XS1100G (Brutus) w/81H Engine
        Duplicolor Mirage Paint Job (Purple/Green)
        Vetter Windjammer IV
        Vetter hard bags & Trunk
        OEM Luggage Rack
        Jardine Spaghetti 4-2 exhaust system
        Spade Fuse Box
        Turn Signal Auto Cancel Mod
        750 FD Mod
        TC Spin on Oil Filter Adapter (temp removed)
        XJ1100 Front Footpegs
        XJ1100 Shocks

        I was always taught to respect my elders, but it keeps getting harder to find one.

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        • #19
          Originally posted by motoman View Post
          Don't matter what state its in, that's a failure to yield right of way resulting in an accident plus leaving the scene of an accident, the latter being a felony in some states..........even in Caly.
          Failure to yeild, yes. However, unless a cop saw it, it's impossible to prove. Also, "leaving the scene of an accident" is NOT a crime in ANY state, unless you are directly involved in the accident itself. That raises the question of proving involvement, which is just about impossible unless there was physical contact, or a cop saw the accident happen.
          1980 XS850SG - Sold
          1981 XS1100LH Midnight Special (Sold) - purchased 9/29/08
          Fully Vetterized and Dynojet Kit added, Heated Grips, Truck-Lite LED headlight, Accel Coils, Irridium plugs, TKAT Fork Brace, XS850LH Final Drive & Black SS Brake lines from Chacal.
          Here's my web page devoted to my bike! XS/XJ User's Manuals there, and the XJ1100 Service Manual and both XS1100 Service manuals (free download!).

          Whether you think you can, or you think you cannot - You're right.
          -H. Ford

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          • #20
            Originally posted by cywelchjr View Post
            That's interesting since my mother was busted because she caused an accident without making contact.
            Did she admit to causing it? Or did the law come after her later, after the victim pointed her out?
            1980 XS850SG - Sold
            1981 XS1100LH Midnight Special (Sold) - purchased 9/29/08
            Fully Vetterized and Dynojet Kit added, Heated Grips, Truck-Lite LED headlight, Accel Coils, Irridium plugs, TKAT Fork Brace, XS850LH Final Drive & Black SS Brake lines from Chacal.
            Here's my web page devoted to my bike! XS/XJ User's Manuals there, and the XJ1100 Service Manual and both XS1100 Service manuals (free download!).

            Whether you think you can, or you think you cannot - You're right.
            -H. Ford

            Comment


            • #21
              Yamahansolo,

              I, like the others here, are VERY glad you're still with us and able to tell the tale. Sorry about the damage to your bike. That sucks. I know how hard you've been working on it & that you just got it the way you wanted it from reading your posts.

              Unless you're able to figure out who the jerk was... remember this...

              What goes around, comes around. I firmly believe this.

              The old "Do unto others" rule can still hold true when you ream somebody else over... I wouldn't want to be in his shoes when it happens, either.

              Just glad you survived, and the bike can be fixed.

              Hang in there, bro.
              '82 XJ1100J Maxim (has been sold.)

              '79 F "Time Machine"... oh yeah, Baby.... (Sold back to Maximan)

              2011 Kaw Concours 14 ABS

              In the warden's words from Cool Hand Luke;
              "What we have here is a failure to communicate."

              Comment


              • #22
                Originally posted by CatatonicBug View Post
                Did she admit to causing it? Or did the law come after her later, after the victim pointed her out?
                It was based on witness accounts. It was not just the other driver's word against hers, it was the other driver and several others as well.
                Cy

                1980 XS1100G (Brutus) w/81H Engine
                Duplicolor Mirage Paint Job (Purple/Green)
                Vetter Windjammer IV
                Vetter hard bags & Trunk
                OEM Luggage Rack
                Jardine Spaghetti 4-2 exhaust system
                Spade Fuse Box
                Turn Signal Auto Cancel Mod
                750 FD Mod
                TC Spin on Oil Filter Adapter (temp removed)
                XJ1100 Front Footpegs
                XJ1100 Shocks

                I was always taught to respect my elders, but it keeps getting harder to find one.

                Comment


                • #23
                  Glad you were able to get up and dust yourself off!
                  Hit him once for me when the time comes.

                  Deny
                  1978 XS1100E - The TimeMachine
                  1980 XS850 Special - Little Mo

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                  • #24
                    i plan on hitting him more than once!!!

                    my beautiful gas tank looks like poo on the top
                    the blinker is an easy 15 bucks away!!! and i can get another windsheild.

                    i straightened the wheel up last night and road it to work. seems to be fine! now to fix the dent!...
                    " She'll make point five past lightspeed. She may not look like much, but she's got it where it counts, kid. I've made a lot of special modifications myself. "

                    79 xs11 standard
                    xs pods, Kerker 4-1, zrx1200r carbs mikesxs coils 35k voltz of power!!!
                    8mm msd wires
                    tkat fork brace...
                    Fox shocks...
                    mikes650 front fender
                    led's gallore...
                    renthal bars
                    gold valve emulators
                    vmax tensioner
                    Rifle fairing

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