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Natedawgg
Mon 2/5/07, 4:36PM
Do any of you rad folks have any experience filing for an amendment of a police report?

I ask because last month I was cut off by a large passenger van up on Angeles Crest.

I was cruising along the highway doing the speed limit of all things...... (and I was! I really, honestly was). This van, full of people who'd just been ejected from a park by the Forest Service for filming illegally, stopped at the stop sign on the corner of the highway. Obviously they didn't see me and made a left-hand turn across my path of travel. In an attempt to avoid getting buried in the side of the van, I got on my binders and ended up in a sideways skid which terminated in a high-side.

Fortunately neither me or my SV hit the van, and I walked away shaken, bruised and very sore, but feeling okay about the whole thing because the guys in the van bothered to stop and there was an eye-witness who said very clearly that the van cut me off and there was obviously nothing I could do about the incident. And lastly, the CHP officer who responded to the call was very professional and fair seeming.

I figured everything was going to end on the up and up.

Wrong.

Because there was a question as to whether or not the rental van was insured, I paid the CHP $10 to get a copy of the accident report.

Imagine my surprise yesterday when I opened the report to discover that not only did the officer leave out the statements my two eye witnesses made, he made NO mention of them whatsoever, listing only the passengers in the van as witnesses. And to top it all off, he summarized the entire incident as being my fault because:

a) I violated 21804 (b) V.C. which says "a driver having yeilded as perscribed in subdivision (a) may proceed or cross the highway, and the drivers of all other vehicles approaching on the highway shall yield the right of way to the vehicle entering or crossing the intersection."

b) I violated 22350 V.C. which states that "No person shall drive a vehicle upon a highway at a speed greater than is reasonable and prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."


Since the officer was not there when the accident occurred, he can only make a guess as to what my speed might have been by taking measurements. At the beginning of the report he stated that my speed appeared to have been 55 - 65 mph. The speed limit at that portion of the highway is 55 mph.

He also incorrectly stated that my motorcycle struck the back of the van leaving a dent in it. But when he was actually looking at the van and my bike, he asked me where the blue paint on my black SV was, because there was blue paint in heart of the dent on the white van. And the dent was 3 feet off the ground. And I was sliding in front of my bike and would have hit it first.

I am totally let down by the incorrect/missing information in this public record and want to take the steps to have it amended.

And suggestions?

Thanks.

I say
Mon 2/5/07, 4:40PM
Wow, not cool. You're gonna need a lawyer to get it done right, I'm afraid.

Natedawgg
Mon 2/5/07, 4:59PM
I'm not interested in engaging in any sort of litigation. All I am interested in is correcting several errors in a public record that involve an incident I was in that may or may not have an effect on my future insurance rates.

In any event, it's safe to assume that officer S. Allen would appreciate correcting any mistakes on a report that bares his signature because I am confident he is interested in serving the public honorably and to the best of his ability.

SVOC
Mon 2/5/07, 5:05PM
Give it a fight! Don't let this report stay the way it is. The driver of that van should pay for the damage to your bike and any other costs.

Ikazuchi
Mon 2/5/07, 5:14PM
Get your insurance company involved in this process. They have lawyers that you pay for this sort of thing.

LowSpdWobble
Mon 2/5/07, 6:52PM
Fukkin chp...

Anthony_77
Mon 2/5/07, 7:12PM
Since I am a criminal justice major I will ask my professor about it tomorrow and let you know. He is a retired cop and should know.

LowSpdWobble
Mon 2/5/07, 7:15PM
Originally posted by LowSpdWobble
Fukkin chp...


i mean...fukkin thieves...but fuk chp for not helping your situation.


ahh who am i kidding...fukkin chp.

TwistGrip
Mon 2/5/07, 7:35PM
Originally posted by Ikazuchi
Get your insurance company involved in this process. They have lawyers that you pay for this sort of thing.
There are investigators that look into fraud and discrepancies in people's reports... maybe they also know how to get this corrected?

It is in your insurance company's best interest to have the OTHER guy found at fault anyway, and if this document is in their way, it's financially prudent for them to get it changed. They may not have the resources, though.

And here I thought getting a police report would HELP things when it's not your fault.

we got your back,
EB

Kyoseki
Mon 2/5/07, 7:36PM
Try asking here;
http://forums.officer.com/forums/forumdisplay.php?f=197

Although they can tend to be a bit hostile if they think you're trying to weasel out of something, but based on your first post, I can't see that that's the case.

SportyV
Mon 2/5/07, 8:55PM
Man, that sucks about the incorrect police report, Nathaniel!

Did you get the names and phone numbers of the eyewitnesses at the time of the incident? Maybe you can get them to come forward and make a statement or something.

Natedawgg
Mon 2/5/07, 9:24PM
Originally posted by vpan16
Did you get the names and phone numbers of the eyewitnesses at the time of the incident? Maybe you can get them to come forward and make a statement or something. Of course I did. So did the CHP officer as he interviewed them.

CoastieGirl
Mon 2/5/07, 9:35PM
Damn nate...that blows. Hope you get this worked out.

LowSpdWobble
Mon 2/5/07, 10:13PM
Originally posted by Kyoseki
Try asking here;
http://forums.officer.com/forums/forumdisplay.php?f=197

Although they can tend to be a bit hostile if they think you're trying to weasel out of something, but based on your first post, I can't see that that's the case.

...sending him to the den of the lion i see...


hehe...well good luck nate. I hope this gets cleared up for ya.

gitarjunky
Mon 2/5/07, 11:57PM
Damn Nathaniel, that totally sucks. Sounds like its going to be a messy situation to clear up. If the people driving the van have any kind of ethics, they'll own up to it being their fault.....but I know thats a long shot. Sorry I don't have any legal advice....

Is your bike outta the shop yet? You should try and join us on Malkey's Crest ride next weekend! Not the best road on a first ride back for you but....gotta get back on the horse sometime right?;)

mightytravis
Tue 2/6/07, 9:59AM
I had a similar experience last summer when I laid my bike down on the Angeles Forrest Hwy near Big Tujunga Canyon.

Forrest Service Paramedics responded to the 911 call of a passing motorist, but as I was uninjured they took my vitals and left me to my own care, asking minimal questions about the accident, was I wearing a helmet, what side hit the pavement etc.

I received a phone call from the CHP 2 days later saying he was following up on the report of an injured biker and I assured him that I was uninjured and the was minimal damages to my bike.

I didn't think to pick up a copy of the report, as I hadn't filed a claim with my insurance, and there wasn't any parties involved. Six months later I received a letter from the DMV stating that the accident was cause for adding points to my driving record.

I went to the Altadena CHP office and after reviewing the report I pointed out several inaccuracies to the officer at the desk. I also pointed out that the CHP officer who had made the report was not at the scene, but had spoken with me on the phone 2 days after the fact. I was informed that I could file a request for a report amendment form and then in ten business days the reviewing officer would determine if the new information "significantly altered the disposition" of the report, if so the addendum would be added to the report, however the report itself would not change.

Please post if you have better results, because an at fault accident will affect your insurance rates, and stay on your record for years.

MT

Natedawgg
Tue 2/6/07, 11:24AM
According to my insurance co. the statements they got from the witnesses was enough to find me not at fault. However, I am confident that sooner or later this information (incorrect as it is) will come back to bite me in the ass, so I am doing what I can to cut it off at the pass.

spindarubber
Tue 2/6/07, 11:37AM
wise decision. sorry about the hassle, that sucks ass.

Aeteocles
Tue 2/6/07, 11:42AM
Nate

Yes, this correct information will bite you in the ass.

It bit me in the ass. I had the same problem with my accident back in '04.

Changing the report will take an act of god.

When I was going through this....hours of phone calls, and waiting in line and crap...the final word (what they kept telling me) was that the officer who wrote the report can ammend it.

The idea is that you have to bring evidence--written witness statements--to the officer, to have him ammend the report...and it's really up to him if he wants to or not.

I couldn't track down my officer--her had transferred departments or something when I needed to find him...

agirls
Tue 2/6/07, 11:48AM
Yes, the officer that wrote it is the only one that can change the report and reassign fault !!!

My boyfriend was supposedly involved in a hit and run. He took it to court and was found not guilty. He then went to DMV and they would not remove the hit and run accident from his record because the issuing officer had to change the report.

CrowLaw
Tue 2/6/07, 2:23PM
Originally posted by Natedawgg
Do any of you rad folks have any experience filing for an amendment of a police report?

I ask because last month I was cut off by a large passenger van up on Angeles Crest.

I was cruising along the highway doing the speed limit of all things...... (and I was! I really, honestly was). This van, full of people who'd just been ejected from a park by the Forest Service for filming illegally, stopped at the stop sign on the corner of the highway. Obviously they didn't see me and made a left-hand turn across my path of travel. In an attempt to avoid getting buried in the side of the van, I got on my binders and ended up in a sideways skid which terminated in a high-side.

Fortunately neither me or my SV hit the van, and I walked away shaken, bruised and very sore, but feeling okay about the whole thing because the guys in the van bothered to stop and there was an eye-witness who said very clearly that the van cut me off and there was obviously nothing I could do about the incident. And lastly, the CHP officer who responded to the call was very professional and fair seeming.

I figured everything was going to end on the up and up.

Wrong.

Because there was a question as to whether or not the rental van was insured, I paid the CHP $10 to get a copy of the accident report.

Imagine my surprise yesterday when I opened the report to discover that not only did the officer leave out the statements my two eye witnesses made, he made NO mention of them whatsoever, listing only the passengers in the van as witnesses. And to top it all off, he summarized the entire incident as being my fault because:

a) I violated 21804 (b) V.C. which says "a driver having yeilded as perscribed in subdivision (a) may proceed or cross the highway, and the drivers of all other vehicles approaching on the highway shall yield the right of way to the vehicle entering or crossing the intersection."

b) I violated 22350 V.C. which states that "No person shall drive a vehicle upon a highway at a speed greater than is reasonable and prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."


Since the officer was not there when the accident occurred, he can only make a guess as to what my speed might have been by taking measurements. At the beginning of the report he stated that my speed appeared to have been 55 - 65 mph. The speed limit at that portion of the highway is 55 mph.

He also incorrectly stated that my motorcycle struck the back of the van leaving a dent in it. But when he was actually looking at the van and my bike, he asked me where the blue paint on my black SV was, because there was blue paint in heart of the dent on the white van. And the dent was 3 feet off the ground. And I was sliding in front of my bike and would have hit it first.

I am totally let down by the incorrect/missing information in this public record and want to take the steps to have it amended.

And suggestions?

Thanks.

I may have more questions than answers at present my friend:

1. Did you get a ticket for speeding? Or was this just in the report?

2. Have you filed a claim with your insurance company?

Okay, my thoughts thus far, generally the police report is NOT the final word on who is at fault in an accident. The insurance company, yours specifically will determine whether your were at fault or not and that is the deciding factor on any impact to your insurance.

However, there is an exception where there is no actual impact. Here, you missed hitting the van and thus had what is coined in the insurance industry as a "solo vehicle accident." Since California is an "at fault" state, fault must lie with one party in every collision. Since your collision only involves one party, then you will likely be deemed at fault. This is regardless of the other driver's conduct. This is based on industry standards and the law of large numbers of the people had the same or similar loss prior to yours who have set such a precident.

Thus, had you hit the side of the van...the van would have been at fault for failing to yield on a left hand turn.

As for trying to correct a police report, Good Luck! It just doesn't happen. You can complain about the officer's alleged incompetence if you like...

Your better path would be to file a claim with your own insurance company and make sure that YOUR witnesses are interviewed by your company's claims adjuster. If you feel your claim was handled improperly, you can always contact the Department of Insurance to review your claim file and fault determination.

If you did not get cited for a speeding ticket, then you might have a legitimate reason to dispute the accuracy of the information in the police report. Simply go down to the police station that issued the report and ask them how you dispute or correct misinformation. They'll tell you.

Originally posted by Natedawgg
According to my insurance co. the statements they got from the witnesses was enough to find me not at fault. However, I am confident that sooner or later this information (incorrect as it is) will come back to bite me in the ass, so I am doing what I can to cut it off at the pass.

How so? There is no conviction that will come of it...this is a simple traffic accident report and as long as your insurer has deemed you to be not at fault....there is nothing in the report that would have any impact on your career, driving privilege, political candidacy...etc.

It may however prevent you from having any girlfriends ride on the back of your bike...

Natedawgg
Tue 2/6/07, 2:47PM
LOL - Thanks Christine.

As I said, my motorcycle insurance interviewed the witnesses and is persuing the other party for damages. But I am concerned that my car insurance might catch wind of this and up my rates, and that the DMV will take points off (on?) my license due to this incident.

I know I'm grasping at straws here, but since CA is an "at fault" state, is it possible the officer was trying to do me a solid by saying I hit the van?

CoastieGirl
Tue 2/6/07, 2:53PM
Are you serious christine? The same sort of thing happened to me on friday. Other guy caused me to crash...I didn't hit him...so it's solo. CHP told me that he felt the guy was at fault... hope I don't get screwed over this also.

agirls
Tue 2/6/07, 3:14PM
Well, you all are gonna laugh, but I saw a motorcycle case on The People's Court (and I have no idea what state the parties were from) but it was exactly the same incident. A car pulled out and made a left turn and the motorcycle lowsided to avoid the car and did not hit the car. Car owner said too bad, motorcycle was driving too fast and my car did not hit the motorcycle. Motorcycle said, you're the reason why I crashed. Motorcycle won.

Now, why would he want to correct that police record? Because of his DMV record!! Nate, go check your DMV record. Is this accident now on your record? If it is, the only way to remove it is to have the officer correct the report. If your current insurance finds you not at fault and does not hike up your rates, great. But if this accident is on your DMV record and you decide to change insurance companies in the next 3 years, any new insurance company is gonna run your DMV record. If this accident is sitting on your driving record, your gonna pay for it.

Of course, I am not a legal professional, but just speaking out of experience. We did not bother trying to change the report ourselves as everything here is insured through the same agent so we did not change insurance during those 3 years, or now.

J-Rod
Tue 2/6/07, 3:56PM
Originally posted by CrowLaw
Okay, my thoughts thus far, generally the police report is NOT the final word on who is at fault in an accident. The insurance company, yours specifically will determine whether your were at fault or not and that is the deciding factor on any impact to your insurance.

However, there is an exception where there is no actual impact. Here, you missed hitting the van and thus had what is coined in the insurance industry as a "solo vehicle accident." Since California is an "at fault" state, fault must lie with one party in every collision. Since your collision only involves one party, then you will likely be deemed at fault. This is regardless of the other driver's conduct. This is based on industry standards and the law of large numbers of the people had the same or similar loss prior to yours who have set such a precident.

C'mon
I know nothing about laws, but...
To say that I'm liable for an accident if I swerve to avoid someone else doing something negligent is ridiculous.
I doubt insurance companies base fault determiniation based on the "law of large numbers" as opposed to the actual circumstances of the accident. Does my insurance company take my report, say, "He's a 30 year old, married male, living in San Diego, so he's probably at fault??"
Just my .02

TwistGrip
Wed 2/7/07, 10:44AM
Just got off the phone with Nathaniel's insurance co. They called me because I witnessed the event. I gave a clear, accurate description of the incident from my perspective a few hundred feet up the road.

Speed, 45-50; conditions clear, nice pavement; van creeping into lane a bit when I passed, then pulls in front of Nathaniel; NO contact between van and Nathaniel or his bike; we could see the van hundreds of feet up the road, he didn't see Nathaniel (who was sporting high beams and yel/blk jacket)... I probably made some other points.

Think I did my best to help the situation. The lady from the insurance seemed to come to the same conclusion, that the van cut in front of Nathaniel who had the right of way. I hope this (at least) keeps you on the "not at fault" list and keeps your rates low.

This isn't a solution to the long-term issue of the erroneous police report, but should save you some $$$ man. Did the garage start fixin' the bike yet?
-EB

Natedawgg
Wed 2/7/07, 11:48AM
Thanks EB. You're a pal.

No, Crago is still waiting on a check from the insurance co. Jeff sez they have all the parts and are ready to go. However, the insurance lady told me it was mailed on Saturday, so there's a possinility that my SV may be all ready to go by the end of the week.

Keep your fingers crossed.

:)

TwistGrip
Wed 2/7/07, 12:08PM
Originally posted by Natedawgg
...there's a possinility that my SV may be all ready to go by the end of the week.

Keep your fingers crossed.
Copy that.

Fingers crossed.

CrowLaw
Thu 2/8/07, 8:26AM
Originally posted by Natedawgg
LOL - Thanks Christine.

As I said, my motorcycle insurance interviewed the witnesses and is persuing the other party for damages. But I am concerned that my car insurance might catch wind of this and up my rates, and that the DMV will take points off (on?) my license due to this incident.

I know I'm grasping at straws here, but since CA is an "at fault" state, is it possible the officer was trying to do me a solid by saying I hit the van?

The DMV does not determine fault or assign points to accidents. Since they do not assign points to accidents, they do not use this information when deciding to suspend a license.

Further, since your insurance company has deemed you to be Not At Fault, then any writing from the insurer is proof that you're not at fault.

The DMV is simply a storing house of information and the fact remains that you had an accident. That fact alone, and no other information is available to the DMV.

There is a third party insurance support organization called ChoicePoint, that the insurance companies share your claims information with and any subsequent insurer will have access to this. You can obtain a copy of your record from www.choicepoint.com .

Your subsequent insurer will know about your accident but cannot surcharge your policy, by law, because your other insurer has deemed you to be not at fault. Just provide a copy of your fault letter, if your new insurer asks about your loss.

At this point the police report is irrelevant and no longer matters in the scheme of things.

You'll have to ask the cop if he was doing you a favor, I can't tell by reading your information.

Originally posted by CoastieGirl
Are you serious christine? The same sort of thing happened to me on friday. Other guy caused me to crash...I didn't hit him...so it's solo. CHP told me that he felt the guy was at fault... hope I don't get screwed over this also.

I'm not saying it cannot be done. If you want to succeed, the other party has to have stopped and identified themselves and provide their statement to the insurer and that statement has to support your version of the facts. Further, witnesses are also helpful.

I'm speaking in generalities. The insurer's will take in the totatlity of the circumstances, including past similar losses, witness statements, police report, party statements, location of damage on the bike, etc. to make their determination.

There is also an appeals process for adverse decisions, up to and including a fault determination review by the Department of Insurance. www.insurance.ca.gov

The insurer must adhere to the Fair Claims Settlement Regulations set forth in the California Code of Regulations
Section 2695, in settling all claims.

sugart!ts
Thu 2/8/07, 9:31AM
Originally posted by CrowLaw
The DMV does not determine fault or assign points to accidents. Since they do not assign points to accidents, they do not use this information when deciding to suspend a license.

Further, since your insurance company has deemed you to be Not At Fault, then any writing from the insurer is proof that you're not at fault.

The DMV is simply a storing house of information and the fact remains that you had an accident. That fact alone, and no other information is available to the DMV.

There is a third party insurance support organization called ChoicePoint, that the insurance companies share your claims information with and any subsequent insurer will have access to this. You can obtain a copy of your record from www.choicepoint.com .

Your subsequent insurer will know about your accident but cannot surcharge your policy, by law, because your other insurer has deemed you to be not at fault. Just provide a copy of your fault letter, if your new insurer asks about your loss.

At this point the police report is irrelevant and no longer matters in the scheme of things.

You'll have to ask the cop if he was doing you a favor, I can't tell by reading your information.



I'm not saying it cannot be done. If you want to succeed, the other party has to have stopped and identified themselves and provide their statement to the insurer and that statement has to support your version of the facts. Further, witnesses are also helpful.

I'm speaking in generalities. The insurer's will take in the totatlity of the circumstances, including past similar losses, witness statements, police report, party statements, location of damage on the bike, etc. to make their determination.

There is also an appeals process for adverse decisions, up to and including a fault determination review by the Department of Insurance. www.insurance.ca.gov

The insurer must adhere to the Fair Claims Settlement Regulations set forth in the California Code of Regulations
Section 2695, in settling all claims.



i love it when you speak insurance :dream:

agirls
Thu 2/8/07, 9:41AM
Hey Christine, this is totally unrelated to this thread (sorry Nate) and I just wanna know what you think of this since you are talking about insurance like you know what you are talking about! :)

Like June of last year, Eric crossed a set of rough railroad tracks while braking for a red light. For whatever reason, one of his rear shocks busted at this point which caused some other damage to the bike. We decided since Eric had full coverage and a low deductible, we would have insurance take care of it. Well, they classified it as a collision. We thought it would have been comprehensive. Eric told the adjuster that if it was gonna be collision, then he would take care of it himself because it was not worth it. Well, they processed the claim and now he has an at fault collision on his record. We never cashed their check because it says collision on it and we think that is a bunch of BS. Do we have any recourse on this matter?

920m
Thu 2/8/07, 11:35AM
Don't get to upset about the 22350 portion of the report. Unsafe speed does not mean you were traveling over the posted speed limit. We use this all the time in collision reports. An unsafe speed could be 1 mph.

Here is what I would do....Contact the witness to the collision and ask them to write out what exactly the saw. Write out your version of what happened and go down to the local CHP office. Ask to have the report amended to reflect that you are not the one at fault. Give it a couple of weeks and see what happens. If the report is not changed ask to speak with the officer's supervisor and make an appointment and sit down with him and explain it.

I spent 9 years reviewing collision reports, and for the most part out of all police reports the CHP 555 is the report that gives officers the most problems. More times than not it is just a matter of confusing V-1 and V-2 in the narrative of the report, but on the back of page two it should have in the first column on the left which party is at fault and what the section is.

Take a look at the front of the page and see what party number you are. Then look at the back of page two and see who is at fault. Take a look at the narrative and see if those two things match under the Opinions and Conclusions section.

CrowLaw
Thu 2/8/07, 2:01PM
Originally posted by agirls
Hey Christine, this is totally unrelated to this thread (sorry Nate) and I just wanna know what you think of this since you are talking about insurance like you know what you are talking about! :)

Like June of last year, Eric crossed a set of rough railroad tracks while braking for a red light. For whatever reason, one of his rear shocks busted at this point which caused some other damage to the bike. We decided since Eric had full coverage and a low deductible, we would have insurance take care of it. Well, they classified it as a collision. We thought it would have been comprehensive. Eric told the adjuster that if it was gonna be collision, then he would take care of it himself because it was not worth it. Well, they processed the claim and now he has an at fault collision on his record. We never cashed their check because it says collision on it and we think that is a bunch of BS. Do we have any recourse on this matter?

In this case, there is no recourse necessary. Even though the insurer found Eric to be at fault, the loss is still considered "non-chargeable" meaning that no insurer can surcharge his policy for this loss because there is a threshold minimum that an insurer must pay out before a loss is chargeable; regardless of fault. That secret dollar amount is $750.00 by the way :batlash:

P.S. I work in the industry's regulatory sector ;)

agirls
Thu 2/8/07, 2:28PM
That would be the amount that the insurance company paid out, right? Damages were more than $750, but the amount they were willing to pay was about that much (maybe more) minus his $200 deductible. So the check was five something. I'd have to pull it out for exact numbers. He is still in the clear?

Thanks girlie! :love:



(Is there a website where I can find this info so I can tell the boyfriend to cash the damn check and get over it?)

Natedawgg
Thu 2/8/07, 6:08PM
Originally posted by 920m
Take a look at the front of the page and see what party number you are. Then look at the back of page two and see who is at fault. Take a look at the narrative and see if those two things match under the Opinions and Conclusions section. Thanks dude, I appreciate your related experience. I read and re-read the report in it's entirety several times and there's no mistaking it.

The reporting officer named me "V1" and the guy in the van as "V2", then he summarized the accident as being V1's fault in both accounts.

Fortunately I just got the witnesses video surveillance tape yesterday which shows the guy make a left hand turn across my path and me sliding by him, missing the rear of his van by a hair. I'm sure that this, backed by written statements from both my witnesses should help clear things up.

Originally posted by agirls
Hey Christine, this is totally unrelated to this thread (sorry Nate) and I just wanna know what you think of this since you are talking about insurance like you know what you are talking about! :) April, this is my thread. Do you understand me?!! MY THREAD!! MINE!!!!!!!

:p

SportyV
Thu 2/8/07, 8:29PM
Sounds like you have all your bases covered, Nathaniel. The CHP won't be able to argue what's on that video.

920m
Thu 2/8/07, 9:47PM
With a video it is a slam dunk to keep the point off your driving record.

Monte
Thu 2/8/07, 10:14PM
Originally posted by Natedawgg
Thanks dude, I appreciate your related experience. I read and re-read the report in it's entirety several times and there's no mistaking it.

The reporting officer named me "V1" and the guy in the van as "V2", then he summarized the accident as being V1's fault in both accounts.

Fortunately I just got the witnesses video surveillance tape yesterday which shows the guy make a left hand turn across my path and me sliding by him, missing the rear of his van by a hair. I'm sure that this, backed by written statements from both my witnesses should help clear things up.

April, this is my thread. Do you understand me?!! MY THREAD!! MINE!!!!!!!

:p
Ooh, post it! :D

It sounds like you're going to be able to get it straightened out. That's awesome.

ADRATH
Fri 2/9/07, 7:54AM
Originally posted by Monte
Ooh, post it! :D

It sounds like you're going to be able to get it straightened out. That's awesome.

Its sad that it takes video evidence to correct a biased offers false accident report. I think I might start riding around with a camera all the time just in case.

920m
Fri 2/9/07, 7:59AM
One thing I did want to bring up because this is a very common type of collision is the fact you can lose you right-of-way if you are speeding. For you law types out there its Wilkerson v. Brown, 84 Cal.App.2d 401.
Basically if you are traveling down a road approaching an intersection and a vehicle turns left in front of you, you can be found at fault if speed can be proven. A driver turning left expects motorists to be operating their vehicles in accordance with the law, and if you are traveling "well" over the speed limit you could be found at fault.

Food for thought.

Kurt'sSV
Fri 2/9/07, 8:13AM
Originally posted by 920m
One thing I did want to bring up because this is a very common type of collision is the fact you can lose you right-of-way if you are speeding. For you law types out there its Wilkerson v. Brown, 84 Cal.App.2d 401.
Basically if you are traveling down a road approaching an intersection and a vehicle turns left in front of you, you can be found at fault if speed can be proven. A driver turning left expects motorists to be operating their vehicles in accordance with the law, and if you are traveling "well" over the speed limit you could be found at fault.

Food for thought.

I think that's a good law.

Natedawgg
Fri 2/9/07, 11:09AM
According to the CHP's calculations based on the measurements he took I was traveling "approximately 55-65 mph". That approximation in a 55 zone. I don't look all that fast sliding by the back of that van, so I think I'm okay.

Evan claims we were going under 55mph.

The real pisser in this thing is that on that particular ride I remember telling myself to relax and enjoy the afternoon, so I purposefully throttled back and downshifted, enjoying the air and the blub-blub-blub of my twin.

Here's the rub: had I been riding in a more spirited manner I would have passed the intersection long before the van guy even considered pulling out on to the road.

Hey Steve, what's the SDCMOA Competition?

DasTeufel
Fri 2/9/07, 11:32AM
I'm gonna take a stab and say it's the San Diego County Motor Officer Association.

pAint
Fri 2/9/07, 11:39AM
Originally posted by Natedawgg
Hey Steve, what's the SDCMOA Competition?

SUPER DUPER COPS MAKING OFFENSIVE ACCUSATIONS ???

Am I right?


:D

Natedawgg
Fri 2/9/07, 11:57AM
Originally posted by pAint
SUPER DUPER COPS MAKING OFFENSIVE ACCUSATIONS ???

Am I right?

..............Paint, don't you have somewhere to be?

:rolleyes:

920m
Fri 2/9/07, 1:51PM
San Diego County Motor Officers Association.

Click Here (http://www.signonsandiego.com/news/metro/audiovideo/motorcycles.html)

Natedawgg
Fri 2/9/07, 3:19PM
That's really cool. It makes me want to hit a big, empty parking lot and practice like I used to when I was first studying for my MSF course.

How did you get hurt?

jeff762
Fri 2/9/07, 5:05PM
Originally posted by Natedawgg
..............Paint, don't you have somewhere to be?

:rolleyes:


BWHAHAHAHAHAHA!

920m
Fri 2/9/07, 6:11PM
Originally posted by Natedawgg
That's really cool. It makes me want to hit a big, empty parking lot and practice like I used to when I was first studying for my MSF course.

How did you get hurt?

Fight with a meth head. Tore my shoulder up for awhile, but it's all good now.

Natedawgg
Mon 2/12/07, 10:42AM
Didn't your mom ever tell you to stay away from people on drugs?

;)

I say
Mon 2/12/07, 1:29PM
There's some really good info in this thread.

Thanks Nate, Crowlaw, and Steve.

+1 on the video!!

Can you post it??

920m
Mon 2/12/07, 5:38PM
I would like to see the video. Maybe give you some ideas to look at.

Natedawgg
Tue 2/13/07, 10:44AM
Alright, but its so grainy that I'm not sure it's going to help. I need to get it transfered and slow it down to regular speed because it was recorded on a VHS at 18 fps. I'll have it Youtubed for you guys by tomorrow morning.

pAint
Tue 2/13/07, 11:25AM
Post it now!!

Natedawgg
Tue 2/13/07, 12:50PM
Bite my ass.

pAint
Tue 2/13/07, 5:29PM
Thats gross.

Natedawgg
Tue 2/13/07, 5:37PM
I'm serious dude, I find your gleeful exuberance over the possibility of watching one of your fellow motorcyclists crash disturbing. This incident, through no fault of my own, cost me a lot of physical pain, massive inconvenience, and even though I am fully insured, it has cost me $1000 out of pocket. So please don't take offense when I tell you to go fuck yourself.

Kyoseki
Tue 2/13/07, 5:45PM
Originally posted by Natedawgg
So please don't take offense when I tell you to go fuck yourself.
If he doesn't take offense that's rather defeating the purpose isn't it ? :)

pAint
Wed 2/14/07, 9:26AM
Originally posted by Kyoseki
If he doesn't take offense that's rather defeating the purpose isn't it ? :)

Duh!

All that matters is that you are ok fucker and you live to ride another day. Now you have a story to tell and video proof. Plus its not like I get a boner watching people crash but F it, you have an interesting story here.... i read the book now i want to see the movie. And I would never wish for you to crash but shit happens. And remember, you are on a forum where people can post almost anything they want... and I'm not the only one that wants to see it. I wish I had my accident on video....

So don't take offense when i say chill puto.

So its morning and no video...


:D

I'm such an ass.

Natedawgg
Wed 2/14/07, 9:58AM
You punk. You make it impossible to hate you, yet so easy at the same time. Sorry I overreacted.

This whole thing just aggrivates me to no end because it is totally out of control, and I really was being a good boy and riding easy and all that BS when it happened.

And yes, fool, no video for you.

pAint
Wed 2/14/07, 10:29AM
Originally posted by Natedawgg
You punk. You make it impossible to hate you, yet so easy at the same time. Sorry I overreacted.

This whole thing just aggrivates me to no end because it is totally out of control, and I really was being a good boy and riding easy and all that BS when it happened.

And yes, fool, no video for you.

I hate you.

I'm returning your Valentine's gift!

pAint
Wed 2/14/07, 4:05PM
You are such a tease...

Natedawgg
Wed 2/14/07, 5:03PM
I paid good money for that whore and you're just gonna give her back?! You're fired!

pAint
Thu 2/15/07, 7:26PM
Video?

Natedawgg
Fri 2/16/07, 12:24PM
DVD drive on my computer died and I'm gonna be in Mexico this weekend........ Patience.

pAint
Fri 2/16/07, 12:28PM
Woah Mexico!? What part? Be careful out there.... its dangerous for a white man.

Natedawgg
Fri 2/16/07, 12:31PM
I'm no gringo. Soy de Mexicano.

I say
Fri 2/16/07, 12:34PM
Originally posted by Natedawgg
I'm no gringo. Soy de Mexicano.

aahhhhhh.

you sure one of your friends didn't steal the video??;)