Clipped while splitting, what to do?

[Shaggy]

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.

My guess is that most large corporations are going to want official documentation before they decide to pay for damages. A letter asking for money without a police report and wanting to avoid insurance sounds pretty scammy and corporate bean counters aren’t into charity cases.

 

[summitdog]

Without the license plate number, the bus ID # or someway to tie a particular vehicle to the incident you are really out of luck. While you can speculate who the driver of the vehicle was you can not prove who the driver was (which is essential for a violation of VC 20002). Even with the bus being equipped with its own camera/video system you can be sure that the bus owner will not freely release that information.

Scotty

 

[Beanzy]

He's got the license number of the bus. The driver's name would be had from the bus log. Plus the bus driver would have to account for the front bus damage incurred from striking the bike's mirror from behind.

I don't understand it. Had the BMW been a motor cop's bike, that bus would have been found and the driver cited for hit and run, endangering the motor's life, and destroying gov't property. Dottore gets scared out of his wits, his bike gets damaged, and it's still somehow his fault for putting his life and bike at risk while lanesharing.

 

[295566]

My guess is that most large corporations are going to want official documentation before they decide to pay for damages. A letter asking for money without a police report and wanting to avoid insurance sounds pretty scammy and corporate bean counters aren’t into charity cases.

One million times this. They give you $200 for the mirror which is an admission of guilt on their part, now you can come back and say your back hurts or some bullshit.

Just way too much liability. If you contact them, expect lawyers and or insurace to call you.

OP, eat the cost and learn.

 

[Shaggy]

I don't understand it. Had the BMW been a motor cop's bike, that bus would have been found and the driver cited for hit and run, endangering the motor's life, and destroying gov't property. Dottore gets scared out of his wits, his bike gets damaged, and it's still somehow his fault for putting his life and bike at risk while lanesharing.

The elements of 20002 VC don’t change because the victim is a cop. It still needs to be a prosecutable case. This case is not prosecutable.

And, no one is saying this is his fault. Every decision in life requires a cost/benefit analysis. In this instance, the risk of being found at fault by the insurance company, paying $500 to repair a $200 part, and taking a point on his DMV record is not worth saving $200.

Being right doesn’t guarantee success.

 

[Shaggy]

If you don’t believe me, the jury instructions for all CA crimes can be found here:

https://www.justia.com/documents/criminal-law-calcrim.pdf


The instructions for 20002 VC read as follows:

The defendant is charged [in Count ] with failing to perform alegal duty following a vehicle accident that caused property damage [inviolation of Vehicle Code section 20002].To prove that the defendant is guilty of this crime, the People mustprove that:

1. While driving, the defendant was involved in a vehicle accident;

2. The accident caused damage to someone else’s property;

3. The defendant knew that (he/she) had been involved in anaccident that caused property damage [or knew from the natureof the accident that it was probable that property had beendamaged];AND

4. The defendant willfully failed to perform one or more of thefollowing duties:

(a) To immediately stop at the scene of the accident;OR

(b) To immediately provide the owner or person in control of thedamaged property with (his/her) name and current residenceaddress [and the name and address of the owner of thevehicle the defendant was driving].

 

[295566]

The elements of 20002 VC don’t change because the victim is a cop. It still needs to be a prosecutable case. This case is not prosecutable.

And, no one is saying this is his fault. Every decision in life requires a cost/benefit analysis. In this instance, the risk of being found at fault by the insurance company, paying $500 to repair a $200 part, and taking a point on his DMV record is not worth saving $200.

Being right doesn’t guarantee success.

Exactly, being right doesn't necessarily prevent you from being dead.

 

[dravnx]

He's got the license number of the bus. The driver's name would be had from the bus log. Plus the bus driver would have to account for the front bus damage incurred from striking the bike's mirror from behind.

I don't understand it. Had the BMW been a motor cop's bike, that bus would have been found and the driver cited for hit and run, endangering the motor's life, and destroying gov't property. Dottore gets scared out of his wits, his bike gets damaged, and it's still somehow his fault for putting his life and bike at risk while lanesharing.

I seriously doubt there is even a mark on the bus besides the normal scuff marks.

 

[Beanzy]

You're probably right, Nick, that the follow-up on this accident might not be worth it monetarily to dottore.

But couldn't he at least ask the CHP, via an incident report, to find out who owns the bus and the driver's name? He could then sue, if it were his wont, in small claims both the bus company and the driver.

Being right may amount to nothing if a rider is dead. But dottore is alive. And although stopped, should not have been a target by any means. Every driver has a duty not to injure another driver or his property and the size of one's vehicle does not insulate said driver from causing an injury. And dottore could at least get some kind of measure, however small, from his bike being injured.

It is not the deed that matters but the priniciple of being a duly recognized person who survived an incivility on a busy highway. Is that not what we hope and ask for as motorcycle riders, respect towards our bikes and our persons?

 

[295566]

But couldn't he at least ask the CHP, via an incident report, to find out who owns the bus and the driver's name? He could then sue, if it were his wont, in small claims both the bus company and the driver.

CHP, nor DMV, will not disclose that information.

 

[Shaggy]

You're probably right, Nick, that the follow-up on this accident might not be worth it monetarily to dottore.

But couldn't he at least ask the CHP, via an incident report, to find out who owns the bus and the driver's name? He could then sue, if it were his wont, in small claims both the bus company and the driver.

Being right may amount to nothing if a rider is dead. But dottore is alive. And although stopped, should not have been a target by any means. Every driver has a duty not to injure another driver or his property and the size of one's vehicle does not insulate said driver from causing an injury. And dottore could at least get some kind of measure, however small, from his bike being injured.

It is not the deed that matters but the priniciple of being a duly recognized person who survived an incivility on a busy highway. Is that not what we hope and ask for as motorcycle riders, respect towards our bikes and our persons?

Your entire post assumes the bus driver knew he was involved in a collision with the OP. I have doubts about whether that is true.

Respect or disrespect are conscious actions. The bus driver likely never knew he swiped the OP’s mirror and it wasn’t a conscious show of disrespect to leave the scene without exchanging information.

Again.... I’m not saying the OP would be morally wrong in filing a hit and run report. He WAS hit and run after all. I’m just saying it’s an easier and less risky path to eat the $200.

 

[dravnx]

Good chance the bus driver didn't know he was there.
He put himself in a bad position.

 

[bojangle]

He's got the license number of the bus. The driver's name would be had from the bus log. Plus the bus driver would have to account for the front bus damage incurred from striking the bike's mirror from behind.

I don't understand it. Had the BMW been a motor cop's bike, that bus would have been found and the driver cited for hit and run, endangering the motor's life, and destroying gov't property. Dottore gets scared out of his wits, his bike gets damaged, and it's still somehow his fault for putting his life and bike at risk while lanesharing.

He got a "high confidence" license plate number. It might be correct, but I've seen more than a few that weren't.

I highly doubt there's any discernable damage on the bus from this. And I highly doubt the bus driver was aware of the collision. My opinion comes from over two decades of experience in L.E. Been there, done that, many times over.

CHP, nor DMV, will not disclose that information.

But it would be on a collision report, assuming the plate is correct.

 

[Tom G]

The bus driver can't see the front bumper. And there are other things you need to watch when you operate a vehicle that size in dense traffic.

 

[Biga]

I would be happy to be up on two wheels and I'll take as learning experience... replace the mirror and keep on trucking...

 

[ctwo]

Except a passenger on the bus noticed and is now in counsel discussing their soft tissue injuries that resulted from this H&R.

 

[295566]

I had my hazards on.

Oh yeah, this does jack shit for visibility, and is illegal. :thumbup

 

[Jalopyshoppe]

Oh yeah, this does jack shit for visibility, and is illegal. :thumbup

And also makes me insanely angry when I see others doing so.
If you're a hazard, get off the fucking road.

 

[gixxerjeff]

^^^
Not to mention ineffective.
Every time I see someone splitting with their hazards I only notice they're on after they have passed me.....just in time for me to mutter "idiot".

 

[Busy Little Shop]

* 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."

As a pilot I live by that principle and to be in command on the perverted
highway MSF taught us about always having an escape route to avoid the
consequences of cagers mistakes... always anticipate the moves of cagers
wandering near us... their moves may cause an emergency but its up to the
rider to avoid the accident...

(Note the avoid splitting next to large vehicles like buses...)