Clipped while splitting, what to do?

[dottore]

Here is my tale of woe.

At approximately 5:30 PM this evening (2020/01/16) I was northbound on US 101, about 2 miles north of the Hillsdale Blvd exit. Road was wet but it wasn't actively raining. Traffic was heavy, about usual for a Thursday night. I was riding my R1200RT, and I had my hazards on.

I was splitting between 1 and 2 and moving past a large white bus (no-name tech bus?) in lane 1 and a light-colored Prius in lane 2. Traffic was moving about 10 mph and I was going about 18. The Prius maneuvered from the center of lane 2 to the left edge of the lane and stopped. I stopped to avoid hitting their mirror, as I did not have sufficient clearance to proceed. The large white bus struck my left mirror from behind, obliterating it. I (barely) kept the bike upright.

Once I got my balance back I rode on ahead, got in front of the bus, and pointed repeatedly at the left shoulder. I then pulled ahead, hazards on, and stopped on the shoulder. The bus proceeded merrily forwards and ignored me. I rode behind them for a while, trying to get them to stop, but they did not do anything. I have the license plate, make, and color with pretty high confidence. Eventually I gave up and made my way home.

I need a new left mirror and trim. It's no big deal to replace the mirror, it's a $200 part, but I have some questions.
1. Was I at fault here?*
2. What is the correct procedure to follow if you are involved in a collision and the other driver does not stop?

Thanks!

* Note that I am not asking if I did something wrong. I believe the principle of FAR 91.3 applies to motorcyclists just as much as it does to pilots: "the pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."

 

[budman]

Glad you got the LP #.

If you had a camera even better.

Good luck.

You are due reporation.
If you want this deleted LMK.

 

[Beanzy]

File a report with the CHP in San Mateo County. You were involved in a hit-and-run. The bus ought to have scrapes on it from hitting your bike.

Sorry for your misfortune. And scare.

At least you're still with us and uninjured.

 

[dottore]

Glad you gor the LP #.

If you had a camera even better.

Good luck.

You are due reporation.
If you want this deleted LMK.

Alas, wasn't running my camera, I don't have a mount on this bike.

 

[MR662]

Contact the police agency that has jurisdiction for that area and make a report, also notify your insurance tonight and give them the license plate because they can start to try and identify the owner of that bus company. More than likely the bus driver did not know that he hit you as I see this type of stuff often, and even though you’re pointing at him he may think it was some type of road rage and you yelling and telling him to move over and give him more space or something to that nature. Either way it will be hard to prove that he knowingly hit you and left the scene, but if it is a big company they will most likely handle the matter immediately and get you paid out to make repairs.

Without being there it’s hard to say if you were sharing the lane or partially in the other lane with your mirror crossing dotted lines in to the other lane. Being able to determine fault can sometimes be difficult. Still, I would lean towards putting the bus at fault since you were stopped and it passed by and sideswiped you. Good luck

 

[Butch]

Whatever happened, having the bus pull over on the left shoulder, er, the center divide, seems like a bad idea. Pulling back into the #1 lane is pretty dangerous.

 

[dottore]

Per CHP non-emergency, sounds like this has to be filed in person during normal business hours. Guess I'm going to Redwood City tomorrow? :thumbdown

 

[dottore]

Whatever happened, having the bus pull over on the left shoulder, er, the center divide, seems like a bad idea. Pulling back into the #1 lane is pretty dangerous.

In retrospect, yes, that's true -- I admit I probably wasn't thinking at 100% right then. If the bus had started to merge to the right I would have followed along, but again, they seemed oblivious.

 

[Shaggy]

Option A:

Pay for the mirror yourself and forget about insurance since your deductible is probably $500 or more.


Option B:

Report to insurance as hit and run. Maybe they get money back from the bus company, maybe they don’t.

There’s also a chance your insurance company finds YOU at fault and you end up paying the deductible to repair your bike, damage the bus might have incurred, and receive a point on your DMV record as an at-fault collision.


Option C:

Report to CHP as hit and run. They might not investigate it though, since one of the elements of the hit and run crime is the driver has to knowingly been involved in a collision. From the way you described the scenario and the size difference between the two vehicles, I’d bet the bus driver had no clue he made contact with you and could not be prosecuted for hit and run.

They might get insurance info for the bus, but the might not.

Again, there’s a chance either CHP or your insurance finds you at fault and you pay the deductible for your bike and the bus, and take a point on your DMV record.




Bottom line.... I’d pay the $200

 

[NorCalBusa]

I'm with Nick. For all the frustration and bullshit that will come- scratch the $200, fergetaboutit, and bet heavier on the 'niners Sunday. Even if you prevail- you're talking $200 that you still have to try to collect. Pfftt. Move on.

 

[greenmonster]

My take on it is this- riding a bike is playing with fire to begin with, and lane splitting on 101 in the dark ups the ante, what with inches to spare separating you from much larger moving objects whose drivers are playing with their phones and/or just don’t give a shit about some guy taking chances out there on a Moto. Not saying it’s your fault but...maybe just count your blessings that it wasn’t worse.

 

[gixxerjeff]

There is simply too much logic presented here to pursue this.
I'd eat the $200.00 too and move on.

 

[Pking]

But would splitting accident claims be an iffy when there's no solid proof from either party unless there are witnesses, or a possible obvious act such as opening the door? Otherwise it might become a "he hit my mirror," "No, he hit MY mirror," or "He was going too fast and I didn't see him," scenario and both insurance companies just declare both party at fault, no?

 

[berth]

fergetaboutit, and bet heavier on the 'niners Sunday.

This...is insightful.

 

[bojangle]

This is easy for me to say, because I don't do daily rush hour freeway commutes on a motorcycle. But I don't lane share/split next to large vehicles, like buses or semis. IMO, it's just too dangerous. The only time I will do so is if it looks like I have room to filter between vehicles stopped at a stop light. Otherwise, while traveling, I avoid that. I just get back into a lane until I can get past it another way.

I'm with Nick. For all the frustration and bullshit that will come- scratch the $200, fergetaboutit, and bet heavier on the 'niners Sunday. Even if you prevail- you're talking $200 that you still have to try to collect. Pfftt. Move on.

Yup. I'm with Nick on this too. Weighing in the time and aggravation, the near impossibility of getting a hit and run conviction, the question of liability for each party, the low dollar amount, and the possibility of getting a collision listed on your driving record, it seems the best course of action is just to eat the cost and consider yourself lucky that it wasn't much worse.

But would splitting accident claims be an iffy when there's no solid proof from either party unless there are witnesses, or a possible obvious act such as opening the door? Otherwise it might become a "he hit my mirror," "No, he hit MY mirror," or "He was going too fast and I didn't see him," scenario and both insurance companies just declare both party at fault, no?

Yup.

 

[mayorofnow]

FWIW, Google's buses are white. (Apple's are grey. Genentech's say "Genentech." Many of FB's are steel blue.)

Google's transportation number is 650-253-1234. You could try giving them a call.

 

[MR662]

FWIW, Google's buses are white. (Apple's are grey. Genentech's say "Genentech." Many of FB's are steel blue.)

Google's transportation number is 650-253-1234. You could try giving them a call.

Facebook buses are white as well.

 

[Butch]

Wisdom much in this thread, Grasshopper.

 

[TheRiddler]

Bottom line.... I’d pay the $200

:thumbup

To OP - your statement puts the bus at fault, but subsequent investigation may locate the bus driver and his statement may put you at fault. Lacking video or independent witness, it'll be split 50/50.

I would either stop by/call in to report it (in case the bus driver called it in so it's logged that you've attempted to report the collision and were not intending for hit-and-run yourself). It's not a fun day when the cops knock on your door thinking you're a suspect because you didn't report it. But if it was me on my bike, I wouldn't want a report taken.

 

[Mr Pepsi]

Fix it, save all receipts. Find out the owner of the bus if possible. Write a letter to the agency who runs the buses and send them copies of the receipts with pictures. Only ask for damages, nothing more and politely ask them to pay you. Claim you would rather not go through insurance to remediate.