Author Topic: Crashed (Read 5227 times)

RA Bandit · « **on:** October 18, 2005, 11:52:36 PM »

Today I was out for a drive, and pulled up to a 4 way stop before making a left hand turn. As I accelerated into the turn I lost control and crashed. Luckily all I got was some bruised ribs. But my armoured pants and jacket are toast, and my bike sustained minor damage.

A bystander who lives on the road came to my assitance, and stated he'd been waiting for someone to crash all day: The privious day the road department had come out to spread a gravel-like absorbant onto the lane I crossed to soak up some diesel that had been spilled by a passing vehicle. He'd seen semis lock up and skid through the intersection.

There were no signs posted anywhere warning of gravel, etc. Is the county road department negligent in not having posted any warnings? I have a $500 deductable, and I'm hesitant to file a claim that may increase my premiums. Is there a precedent for having the county pay for repair of my bike and replacement of my gear? Anyone have a similar experience? Whats the best approach?

I made sure a call was placed to 911 even though my injuries are minor, just to get the attention of the county, and the Washington State Patrol officer stated he would file a report. Later today when I returned all the gravel and diesel had been cleaned up.

Red01 · « **Reply #1 on:** October 19, 2005, 12:56:06 AM »

The armchair attorney in me thinks you'd have to be able to prove the county knew of the hazard. If they were the ones who put the absorbant down, then they are responsible for not finishing the job or putting up warning signs.

PeteSC · « **Reply #2 on:** October 19, 2005, 02:21:36 AM »

I doubt you'd have much luck going against the county
If the fuel spill was the result of an accident the day before...which may be the case....you may be able to go after whoever owns the vehicle that spilled the fuel....if it can be idenitified, and you can document the hazardous conditions.
If it's just some crap that mysteriously appeared on the road....there's not much of a chance.
Either way, it's probably gonna be easier and cheaper to just pay for the damages yourself.

Red01 · « **Reply #3 on:** October 19, 2005, 02:38:50 AM »

OTOH, if there is fault to be found somewhere, and you turn it in to your insurance, you can be sure they'll go after them.

ratbike05 · « **Reply #4 on:** October 19, 2005, 06:08:42 PM »

I'm with Pete. The cost and time involved to try and sue the county would not be worth it. You would have to prove they knew it was a hazard and prove that they had put the stuff down to pick up the spill and never removed it. I would bet the first whiff of a lawsuit would have the county creating the necessary paperwork to show they took care of the problem in one day. As for the insurance company going after them...no way will they go after the county or whoever spilled the crap on the road! Again, it is much cheaper for them to pay the claim then to pay their $50 an hour attorney for the 100 hours of work to try to recover the money. The only way for this not to count against your driving history is if you could get it to be a comprehensive claim like that poor guy that had that huge owl staring him in the face.

Red01 · « **Reply #5 on:** October 19, 2005, 09:33:53 PM »

Except you're forgetting the principals an insurance company works on... take money in and avoid paying it out. The insurance company has a house full of their own full-time lawyers that get paid if they're sitting there surfing porn, or working a case. If the ins co presents a claim to the county, the county is more likely to pay a few grand for something like this than tie up their limited legal staff fighting an insurance company.

RA Bandit · « **Reply #6 on:** October 20, 2005, 02:19:50 AM »

Well, I'm going to get a copy of the WSP officer's report, which should indicate the cause of the accident. The other fellow who came to my aid stated he was upset about the whole situation, and would help any way he could -- he stated he saw the county road crew doing the work. I'll ask him for an affidavit. I'm sure the county will have a record of the work, which should be available under State law for any citizen.

Then I'll write a polite letter to the county aking them to cover the damages. If that doesn't work, rather than an attorney, I'll see if you can bring the county to small claims court...

ratbike05 · « **Reply #7 on:** October 20, 2005, 03:56:23 AM »

I'm not forgetting anything. You see I am a licensed insurance agent in 23 states. I know how this stuff works. Those lawyers are working cases worth far more than a few thousand dollars. You seem to forget that most companies have hundreds of thousands of customers not just a couple and a good percentage of those are getting into accidents. This is why you pay so much money for insurance. Thanks though for your comment.

Anyway RA Bandit, good luck I hope you are successful.

RA Bandit · « **Reply #8 on:** October 25, 2005, 08:42:38 AM »

I have been in contact with the county road department, and found out that the spill originally ocurred 5 days prior to my accident. The Sheriff requested the State DOT to respond, and they spread "kitty litter" to absorb the fuel, and the State DOT then requested the county road department to spread some gravel. The county road department also stated since the spill ocurred on a State road, the State DOT would have been responsible for posting the warning signs.

So I called the State DOT, and they said they would send me a complaint form, and to list all the damaged equipment with documentation of replacement costs. They stated they will have an investigator contact me, and they may have to replace my gear and equipment if no warning signs had been placed. This will be documented by a witness and hopefully the Washington State trooper's report, which I will obtain.

BTW, the witness who lives on the corner of the intersection where the accident occurred stated that the gravel was cleaned up within an hour after I had left the scene...

PeteSC · « **Reply #9 on:** October 25, 2005, 09:30:18 AM »

Good luck...

ratbike05 · « **Reply #10 on:** October 25, 2005, 04:20:22 PM »

Good Luck!! I'm surprised that you had anyone admit anything. Of course that was when it looks like the finger pointing began. Again, I hope this goes well for you!

WEINERDOGBONE · « **Reply #11 on:** October 25, 2005, 06:12:45 PM »

Maybe you won't have to file suit. The city where I work has insurance against damage caused due to road conditions. For instance: you drive over a manhole cover that is not secure and it flies up and rips you car apart. The city's insurance will pay if you file a claim w/the clerk's office and you have made a report with the police at the time that the damage ocurred.

solman · « **Reply #12 on:** October 25, 2005, 10:51:13 PM »

I almost lost it earlier this year when they did road work and posted the sign around the corner. They like to do chipping (lay a layer of tar and then sprinkle gravel over it) and luckily I wasn't going fast and there wasn't any traffic coming. I had to keep it straight up to keep me from going down. That scared the piss out of me!