who's fault

Discussion in 'General Harley Davidson Topic' started by Asian Nightster, Aug 17, 2009.

  1. Asian Nightster

    Asian Nightster Member

    I was in an accident 2 months ago, I was slowing down to stop at an intersection and I slipped on a huge oil spill and ended up hitting someone's bumper and my bike ended up underneath his muffler. I walked away, I noticed that there was a previous accident involving a large truck and the scene was not cleaned. Should I fight this because our Insurance company blamed me 100%. If anyone has any advice I should would like to hear it.

    thank you:(
  2. jody7734

    jody7734 Active Member

    You would be fighting against the city/ county / state depending on the road. I doubt you'd get anywhere, just give yourself more headaches.
  3. whatyardwork

    whatyardwork Banned

    Not sure about your state but in mine you can fight this.You pay $25 and appear before a board at the registry of motor vehicles.The board consists of a registry official a representative from an insurance company and a moderator.

    In your case you would need proof of that prior accident {accident reports are public record} as well as a picture of the scene.You may not win any money but beeting the surcharge is what youre after.
  4. ksboy

    ksboy Account Removed

    Do some research on the topic as it relates to your area. I fought the state on an unrelated issue. Took three years, but I won. I represented myself and Google-searched everything. To make a long story short, it was a huge headache, but it saves me over $1200/year.
    Your rates might go up. Start digging and decide whether or not to proceed.
  5. oldhippie

    oldhippie Senior Member


    Definitely fight it. MPI only looks at the easy way out and that is to blame the one who rear ends the vehicle in front. Oil on the road is a hazard to any wheeled vehicle and the scene should have been barricaded and/or cleaned up. Investigate all you can on the previous accident, especially on who the involved driver notified about their accident. If the cops were on the scene what did they do; did the fire dept also show up (in case of explosion or injuries)? How about any tow truck drivers?
    Cover your butt cuz MPI only covers their bottom line. Sometimes I think MPI's mantra is all drivers are at fault unless the driver proves otherwise.
  6. B-1B_Guy

    B-1B_Guy Junior Member

    If you don't have pictures of the oil spill and a few witnesses you're really fighting an uphill battle. Might be worth the time to talk to a lawyer but it's up to you. Glad you're alright.
  7. Flashback

    Flashback Active Member

    depends on what you feel your times worth. As stated above "took three years , but I won" .... I'd rather be riding and enjoying life for three years rather than sitting in court room, writing breifs and motions and spending my time around a bunch of attorneys...JMO
  8. The4opps1

    The4opps1 Junior Member

    The advice given so far is right on the mark. The advice of speaking to an attorney might be worth while. You might know a lawyer who would sit down and talk to you for nothing. If they have no experience with the state board you would have to appear before, maybe they would know someone who does. At any rate, it's a decision that you have to make, since it's your time and money. The advice on gathering "intel" is well put. You need to have all of your ducks in a row, so to speak. The more you understand what you're getting into, the easier it will be to make a decision. Good luck.....
  9. pops55

    pops55 Active Member

    Talk to a lawyer, they will usually talk to you about it for free, You walked away from the accident so that is a plus.