Just to re-cap. For those of you that read, I was hit when a 1996, White, Toyota Camery with gold letter trimmings, lic # 3LCL663 lane changed into me and hit me just a little passed noon on 7/7/05. He was busy trying to merge into the right lane (that I was in) to catch the 110 fwy interchange from the 101 fwy in downtown L.A. And luckily, I didn't go down. He didn't pull over after I picked for him to twice and I caught his license plate as he took off.
I filed with that CHP, my insurance and the DMV of the incident. We finally tracked down him and his insurance, which happens to be State Farm.
They took some pictures, and their adjuster called to ask me what happened. Here's the dialogue as I remember:
1st phone interview:
State Farm Adjuster (SFA): So tell me what happened.
Me: Short and simple... Your guy hit n' ran on me.
SFA: Funny, he said the same thing about you.
Me: Really? When did he file a report with you?
SFA: Well, he actually didn't. It was your insurance company that notified us. I didn't know about it up until then.
Me: Really? Then, I don't suppose your guy filed a report with the CHP. And I'm guessing he didn't file a SR-1 with the DMV of the incident.
SFA: (pause) No. So tell me the details.
I explain to her the details, and in the middle:
SFA: So did you get his license plate from the front or back?
Me: (Pause, then in a scuffing tone) Back.
SFA: Okay, we like to have your bike photograhed. Unfortunately, we don't do estimates on bikes, so you'll have to take it to a bike shop to get a estimate.
Me: Sure. When's a good time for the pictures? I can even ride the bike down for you to photo it. The damages are really just cosmetic.
SFA: No need, we can send someone out to take pictures.
Me: Fine.
I set up a date and the photographer comes down to my place to take pictures.
2nd phone interview after the pictures:
SFA: We got your pictures, and we got the pictures from our insured's vehicle. By the way, we're there any witnesses?
Me: Yes, one of those gardener's truck was behind me, and thank god he backed off. But he didn't stop because I didn't go down.
SFA: Well, this is not a easy case. It's a question of liability. Our insured said that it was you that hit him and ran, and you're saying the same about him. Without a witness, the damages can't determine which is more accurate. And in cases like these, we usually have to side with our insured.
Me: I understand. I can image that it's a hard case to decipher. Basically my word against his. But I ask that you look at ALL of the facts and evidence.
SFA: That's what we do here all day long.
Me: Yes, and it must not be easy. But when I say ALL, I mean beyond the damages to his car and my bike.
SFA: (pause) Such as?
Me: Well, who hit who maybe harder to determine. But it maybe easier to determine who actually ran. Did your insured ever get my license plate?
SFA: No.
Me: Okay, think about this for a minute. I filed all of the paperwork, made all of the necessary reports almost immediately after the incident. Your insured didn't even mention it until you approached him AFTER my insurance company and the CHP found him and you guys. Your insured said that I hit and ran on him, but he didn't get my license plate. Granted my plates are smaller, but he can still file a report and just describe me and my bike. But he didn't. And for me to get his license plates means he must have been ahead of me to take off AFTER he hit me. Do you think I ride around memorizing license plates for the hell of it? So how do you think I got his plates?
SFA: I asked him that and he said he didn't know, and that perhaps you got it from the front of his car.
Me: Really? Then how can I have known that the letter trimming on the rear of his car is gold? And another thing, I do apologize for the other day if I sounded rude when you asked me how did I get his license plate, from the front or back. I remembered that you probably don't ride a motorcycle. So you don't realize how small the bike side mirrors are. So think about this for another minute: For me to get his license plate from the front of his car, I would have to look at my small side view mirror, AFTER I've been hit, struggling to keep balance, worried about what's in front of me, scared as hell for my life, AND read his license plate from the front of his car BACKWARDS from my small sideview mirror. So what do you think is the possibility of that?
SFA: (chuckles a laugh) Not very likely.
Me: Exactly, so it's more than likely I got his plates from his back. And remember I mentioned that the damages are mostly cosmetic? Those kinds of marks I can get eventually from everyday riding. But I'm taking this personally. Do you know why?
SFA: Why?
Me: in a car, when there's a incident, more than likely it will be a fender bender, but the driver/passengers are likely okay. On a bike, for us, incidents are likely to involve life and limb. I'm not that upset that your guy hit me, that's a accident, he probably didn't see me. But he took off, and that's intentional. That's why I'm taking it personally. If you were to tell me that as part of a settlement, you'll pay me $200 AND cancel his policy AND report him to the insurance beauru to 8 Ball him so he can never get insurance again, I would take it.
SFA: (laugh) We can't report him.
Me: So what I'm most worried about is what kind of message you guys will send him if you deny my claim. That it's okay to hit and run? Especially on a biker?? Now it's a small claim because I didn't go down. But what about the next one if you send him that message? You could be paying his policy limit, plus have a dead biker on your hands. Believe me, you guys raising his premium, (by what $50 for 6 months over this??) is a slap on the wrist. I rather see him prosecuted and not get a dime for the damages.
SFA: Okay, I'll talk with my team manager and see what we decide.
Me: Thanks.
After about 2 weeks of follow-ups. I finally get a voicemail from her (because I was working) that they decide to pay for the damages, but I have to get my own written estimate and submit it to them.
Case almost close.
I filed with that CHP, my insurance and the DMV of the incident. We finally tracked down him and his insurance, which happens to be State Farm.
They took some pictures, and their adjuster called to ask me what happened. Here's the dialogue as I remember:
1st phone interview:
State Farm Adjuster (SFA): So tell me what happened.
Me: Short and simple... Your guy hit n' ran on me.
SFA: Funny, he said the same thing about you.
Me: Really? When did he file a report with you?
SFA: Well, he actually didn't. It was your insurance company that notified us. I didn't know about it up until then.
Me: Really? Then, I don't suppose your guy filed a report with the CHP. And I'm guessing he didn't file a SR-1 with the DMV of the incident.
SFA: (pause) No. So tell me the details.
I explain to her the details, and in the middle:
SFA: So did you get his license plate from the front or back?
Me: (Pause, then in a scuffing tone) Back.
SFA: Okay, we like to have your bike photograhed. Unfortunately, we don't do estimates on bikes, so you'll have to take it to a bike shop to get a estimate.
Me: Sure. When's a good time for the pictures? I can even ride the bike down for you to photo it. The damages are really just cosmetic.
SFA: No need, we can send someone out to take pictures.
Me: Fine.
I set up a date and the photographer comes down to my place to take pictures.
2nd phone interview after the pictures:
SFA: We got your pictures, and we got the pictures from our insured's vehicle. By the way, we're there any witnesses?
Me: Yes, one of those gardener's truck was behind me, and thank god he backed off. But he didn't stop because I didn't go down.
SFA: Well, this is not a easy case. It's a question of liability. Our insured said that it was you that hit him and ran, and you're saying the same about him. Without a witness, the damages can't determine which is more accurate. And in cases like these, we usually have to side with our insured.
Me: I understand. I can image that it's a hard case to decipher. Basically my word against his. But I ask that you look at ALL of the facts and evidence.
SFA: That's what we do here all day long.
Me: Yes, and it must not be easy. But when I say ALL, I mean beyond the damages to his car and my bike.
SFA: (pause) Such as?
Me: Well, who hit who maybe harder to determine. But it maybe easier to determine who actually ran. Did your insured ever get my license plate?
SFA: No.
Me: Okay, think about this for a minute. I filed all of the paperwork, made all of the necessary reports almost immediately after the incident. Your insured didn't even mention it until you approached him AFTER my insurance company and the CHP found him and you guys. Your insured said that I hit and ran on him, but he didn't get my license plate. Granted my plates are smaller, but he can still file a report and just describe me and my bike. But he didn't. And for me to get his license plates means he must have been ahead of me to take off AFTER he hit me. Do you think I ride around memorizing license plates for the hell of it? So how do you think I got his plates?
SFA: I asked him that and he said he didn't know, and that perhaps you got it from the front of his car.
Me: Really? Then how can I have known that the letter trimming on the rear of his car is gold? And another thing, I do apologize for the other day if I sounded rude when you asked me how did I get his license plate, from the front or back. I remembered that you probably don't ride a motorcycle. So you don't realize how small the bike side mirrors are. So think about this for another minute: For me to get his license plate from the front of his car, I would have to look at my small side view mirror, AFTER I've been hit, struggling to keep balance, worried about what's in front of me, scared as hell for my life, AND read his license plate from the front of his car BACKWARDS from my small sideview mirror. So what do you think is the possibility of that?
SFA: (chuckles a laugh) Not very likely.
Me: Exactly, so it's more than likely I got his plates from his back. And remember I mentioned that the damages are mostly cosmetic? Those kinds of marks I can get eventually from everyday riding. But I'm taking this personally. Do you know why?
SFA: Why?
Me: in a car, when there's a incident, more than likely it will be a fender bender, but the driver/passengers are likely okay. On a bike, for us, incidents are likely to involve life and limb. I'm not that upset that your guy hit me, that's a accident, he probably didn't see me. But he took off, and that's intentional. That's why I'm taking it personally. If you were to tell me that as part of a settlement, you'll pay me $200 AND cancel his policy AND report him to the insurance beauru to 8 Ball him so he can never get insurance again, I would take it.
SFA: (laugh) We can't report him.
Me: So what I'm most worried about is what kind of message you guys will send him if you deny my claim. That it's okay to hit and run? Especially on a biker?? Now it's a small claim because I didn't go down. But what about the next one if you send him that message? You could be paying his policy limit, plus have a dead biker on your hands. Believe me, you guys raising his premium, (by what $50 for 6 months over this??) is a slap on the wrist. I rather see him prosecuted and not get a dime for the damages.
SFA: Okay, I'll talk with my team manager and see what we decide.
Me: Thanks.
After about 2 weeks of follow-ups. I finally get a voicemail from her (because I was working) that they decide to pay for the damages, but I have to get my own written estimate and submit it to them.
Case almost close.
. Glad you're okay , I was rearended and was treated like sh#$ by the persons agent. It took a lawyer to get me a rental car (my bike was totaled) . Funny how that worked . I hate insurance agents ,they're only nice if they're yours!
Glad you could "talk to her" i would have lost it when she told me that he said the same thing
