CRASH! Rear eneded while stopped!

Was near the U of MN campus, stopped, waiting to make a right turn and i see a jetta approaching from behind in my mirror. I turn around to look over my shoulder, see the drivers face, and BAM!. She nailed me at about 5-10 mph... some college aged chick in a new 2016 jetta.. First she woudlnt get out of her car, and had me worried she was going to drive off. then when she did get out she had the nerve to tell me she was having bad day, and will probably be homeless in a week.. So sorry lady, you drive a brand new car AND ALMOST KILLED ME!

Luckily I'm alive. Ive got a sore elbow from banging into the tank, and sore lower back i'm having looked at tomorrow.. hopefully nothing long lasting, but i was twisted around looking behind me from the saddle when she hit me. my back hurts just sitting here. sucks

Now the throttle is surging to 3k+ at idle and god knows what else could be wrong internally.. The tank now has an elbow shaped dent. My rear fender, luggage rack, tail light & tag (all custom) are all foojd. The stock aluminum sissy bar is cracked at the shock bolt. The tire still holds air, but the tag bolts poked into it pretty good and the fender rubbed on it when i rode it back to work, before trailering it home.

The wheel looks straight, and the axle, but should i be concerned with the final dive assembly after a rear end crash? The surging idle is new & alarming too. Anything else i should be looking more closely at before I see the adjuster? I dont want anything missed....

Also, wondering if anyone in the Minneapolis area knows a good cycle shop to go to for a repair estimate. The PO had a custom/1off paint job w graphics, etc., on the tank & fender. I imagine custom paint alone would be enough to total the bike.... The insurance company is supposed to put me back to pre-crash condition.. i dont really see how that could ever actually happen

Thanks for any advice or guidance, in advance!

 

Sorry to hear what happened to you. If I approach a stop with no one behind me, I stay in my rear view mirror till I see someone coming up from behind... then I give the brake several squeezes (to flash my brake light) as they approach just to give them some extra warning that I'm there.

Unfortunately, I imagine that "pre crash" condition probably doesn't work as well with bikes like ours that are +30 years old as book value is not very high. I'd be interested in hearing if anyone else on here has had dealings with insurance companies and claims with bikes this old.

As for the surging idle, maybe there's a needle stuck in the "up" position? As in a diaphragm assembly (or more than one) went up and now is not dropping back down. Perhaps a vacuum leak is now present somewhere?

Any way to post some pics of our patient?

 

That is very unfortunate, hope there are no serious structural adjustments needed to YOUR frame (bones).

You should now contact the lady/ girl and tell her you are having a bad rest of the year/ life. I fear that Nuch is correct, book value will not put you back on to a sweet, loved and properly cared for XJ.

On the plus side - you can now get another XJ and make it better than the one that may now be lost.

 

Sorry to hear that, sounds like you came out alright though which is most important! Bikes can be replaced easily. Two of my friends got rear ended by a drunk a few weeks ago, sad thing is they were going 45 when they got whacked. Amazing they both came out with a little road rash on the knees. The kid then hit a pole so he had no chance to run.

After restoring mine, I ended up going the classic route with insurance through Hagerty. This way we have an agreed upon value so if anything happens I know I'll get the $$ to replace it with something similar. Since I can use my wifes bike as our primary bike, it was cheaper to insure with full coverage/$0 deductible than her bike with liability only.

It won't hurt to start shopping around now for similar bikes, look at sold eBay listings etc. so you have an idea where you need to be. Add the usual $750 it takes to replace the old bits. That way you will know if you should accept their offer or fight back.

Let us know how you make out!

 

go to the doctor then a lawyer he will send you to the other dr and sue her silly ass she must have insurance and yes you will end up with enough money for a brand new bike . back injuries are lifetime

 

^^^+1 a back injury is nothing to let go of get a lawyer ( keller & keller tell them you mean business lol...as to bike insurance will total it...you could buy it back , get another xj and salvage parts off of totaled bike ( spare parts)

 

+1 on the back injury, and suing.

Also...I would be concerned about the shaft drive getting shoved into the engine cases...the wheel and swing arm look OK though?

 

Welp... Just got back from the dr.. "Lower spinal sprain".. got a scrip for some muscle relaxers, etc... Seemingly nothing major -- time will tell..

I have a lawyer friend who recommend a few good PI lawyers in town. I hate to be that guy, and dont really want to sue the pants off anyone without good cause... I'll probably try to deal with the insurance company myself, and if theyre going to short stick me, I know who I can call...

Still interested to know of a good shop i town that i can get a reliable quote from.. ...sadly i dont think ebay and craigslist posts carry much weight with the almighty insurance overlords... :/

Thanks guys!

 

+1 on filing suit. I'm still dealing with "mild neck and back injuries" from a car accident in 2004.

I have my bike insured as restored/modified with an agreed upon value that is in line with the money I spent rebuilding it. I have receipts to back it up too.

FYI: if the insurance company totals it. You can negotiate a buyback value for parts etc.

 

Glad you're ok.

I don't consider myself "that guy" either... Just know if by chance you had the unfortunate situation of being the person doing the rear-ending, the one you rear-ended would most likely sue you. Also, there are lawyers who specialize in motorcycle accidents/motorcyclist rights. They have more experience in these specific situations. A few years ago, I saw an article in a local publication on lawyers who take on motorcycle specific cases. It highlighted three partners of a firm. They all ride.

 

HIs insurance won't come into play. The Jetta driver was at fault, so it's on her insurance. I would take the bike to several independant shops to get estimates, as well as make a list of parts prices yourself (new when posssible). Don't be surprised if the insurace company decies to call it a total loss; that just means the cost to repair is in excess of half the vehicle market value. You can buy it back at the salvage price (which will be cheap) and use the payout to repair the bike and get it back on a regular title.

Wait to see waht her insurance is offering, then lawyer-up if you think that they are not covering all of your losses (including lost wages and medical expenses).

 

I hope that wherever "slackard" lives on Earth in the Terran System (though the U of MN is a clue from his initial post) the insurance and no-fault clauses don't bite him. I love it when things get "covered" then magically your rates rise!

 

Yeah.... Earth is about as specific as I like to get...

Not expecting my rates to rise as the claim is not with my insurer......The girl who hit me, her rates will most definitely rise...

I do have a list of parts and receipts for everything I've put into the bike from my DoP to now, and a detailed service log of work done & time spent....

I just talked to the adjuster.. he is going to come look at it, but given custom paint, etc he said its very likely they will total it out.

Also just talked to the medical adjuster.. they want me to sign off on a payout cap for medical the day after i received a spinal injury......errrrrrr, not signing anything until my recovery is complete....

Cripes!

 

Don't sign anything till you consult a lawyer and get an your own back dr.

 

+1
Back injuries can very easily be short-term, but they can also become something that needs to be treated for the rest of your life.

 

Don't sign anything. Consult an attorney. Period.

 

Tell them to fuzz off.......

Exactly.

Exactly.

Period. End of story. Do not pass Go and don't collect ANYTHING until you have the greediest, most larcenous lawyer you can find on YOUR side (because that's what the insurance companies have on their side).

My "minor back injury" didn't really much bother me for the first 15 years after it happened, and then it changed my life completely. The measly $5K that I got for it "back then" didn't come close to the $150K+ in expenses that it has cost me "since then"............

 

In Minnesota we have no fault insurance which you turn medical claims into your insurance company and they deal with the other insurance company if it gets over a certain dollar amount.
The insurance on the bike itself will be what it was insured for. Book value unless it was appraised and the value stated otherwise its going to be a drain ball.

 

Back injuries as stated above can show up right away or slowly manifest themselves. I too was hit from behind by a drunk back in 84, late at night with only a couple of "Vague" eyewitness accounts. Do not sign or even enter into a conversation about this accident without legal counsel.
As far as the young lady going to University and driving a brand new car...watch out, she may be from a money/influential family that will lawyer her ass up pretty damn quick.
That split second back then changed things in my life that I should never had to experience, I wish you well in both health and legal concerns.

 

Unless you are going to be happy with book on your bike, get to a lawyer ASAP.

Any pictures of the bike in pre-crash condition would be helpful.

 

Just settled w the insurance company, who totaled the bike. They valued it at 1800 & I bought it back for 200. Seemed fair, and I'd really rather not drag it out unnecessarily.

The medical side is still ongoing though... Back pain has decreased some, but its definitely still present.. time will tell.

Tks again guys!

 

I like that you don't want to be the one who sues just because you can. I would take the same approach. However, keep in mind that insurance companies can deny bills even years down the road if they believe it should have been paid from a settlement. I worked with a health insurance company years ago and saw this first hand. Being fair means being fair to both the one who made the mistake and to yourself.

 

How you doing?

 

I'm glad to hear you're ok!

I work in anesthesia and worked several years in pain clinics. From my end, you may want to start working with a doc who will order an MRI of your neck and back. It's important to document this now bc it's very common for injuries to develop over time...months or years.

This way if, God forbid, you need treatment down the road, the MRI immediately after the accident will be proof that this accident is the cause, not an unrelated injury. This keeps the door for future insurance claims open if the injury is caused by this accident.

Fingers crossed you'll never need to get treatment for a future problem.

 

Nail, meet head.

or decades.

 

+1

I partially crushed a hand of mine (crushing someone else's would have been mean) about 15 years ago. I got lucky that it was just soft-tissue damage.
Every year it gets a little harder to use. Unfortuantely the downside of it being just soft tissue damage is that there's not enough of a paper-trail to get continuing care paid for based on the original claim.

 

If you are still looking for a shop, this is who I used when I was in the cities:

Lloyd's Motorcycle Performance Center
4556 152nd St West
Saint Paul, MN 55124 - View Map
Phone: (952) 334-5838



Lloyd's Motorcycle Performance Center

 

you have to be very outward riding a bike use the force tell them st stop with your will but but be ready ...i havnt been riding long but i seen a few people ready to go when they shouldnt of been and just looked at them this way and they slammed the brakes on ....wich brings to mind a mounoever i was thinking about in the case of being teeboned if one could quickly jump on the seat as the car hits and maybe even jump off the seat into the air you could give yourself some time for some options perhaps

 

I was rear-ended by a hit-and-run driver on my way to work early one morning 20 years ago. I was hurt, my beautiful Seca 650 was totaled by insurance and I didn't ride again for 20 years (sniff). My back will always be problematic, even though I was treated and released for minor injuries. I am still angry with that negligent a-hole who hammered my bike into oblivion with his/her SUV.
Mine was the last brand-new (still in the crate, zero miles on it) Seca 650 in the US when I bought it in 1986. All rubber bits were replaced and carbs rebuilt by Orange County Cycles; I kept all the receipts (right down to light bulbs), and it was built & well-sorted for vintage roadracing. I got every penny back on what I had into it with a lot of negotiating, but I could never replace it. My current Seca 650 is nice, but I'll never have it built to the level of my first one - most of those race bits are no longer available or unaffordable. There are many permanent effects that may make it impossible to restore your bike or you to pre-crash condition - insurance companies do not want to deal with that - that cuts into their profits.

Might be worth having her phone records investigated for texting, etc during the incident. This has the fingerprints of driving while distracted. Her "bad day" just got a lot worse - wait 'til Mommy or Daddy find out...

 

That sucks dude. Do you have any pictures and or details of this bike? Even though it's gone, it sounds like an amazing build, and i would love to see it documented here