Spyder crash

[2dogs]

I agree......

Super glad your OK, I am betting your Spyder will be at the dealer for a good chunk of riding season....
I would tell the insurance company you want them to pay for a rental while yours is in the shop.
Don't take NO for an answer.
Ride Safe
Dave

100%! Don't let them screw you around. You have AAA by the you know what, and don't sign off on the medical.

 

[crazycanuck]

AAA doesn't own tow trucks that I'm aware of.
It's obviously NOT 'full speed' and if he hadn't 'braked' you wouldn't be here to tell the story.
So, how about giving us the unembellished facts of the situation?

what does it matter whether it was at full speed or not? The OP had an accident, he is safe and sound and that is the bottom line here. Stop pressing a issue that firstly is none of your business nor does it have any relevance to his posting.

 

[UtahPete]

what does it matter whether it was at full speed or not? The OP had an accident, he is safe and sound and that is the bottom line here. Stop pressing a issue that firstly is none of your business nor does it have any relevance to his posting.

I think it matters because he is showing us pictures with very little damage to the Spyder, but then saying it was caused by a tow truck running into him at full speed with no 'breaking'.

Obviously, if that were true (very little damage to Spyder or rider after being rear-ended by a tow truck), the Spyder is made of better stuff than I thought (and so is the rider).

Obviously, something doesn't make sense here; I'm asking the OP to clear things up. What is wrong with that?

These threads are more useful when the facts of the situation are known.

 

[Bob Denman]

Do you feel better now?

 

[2dogs]

I doubt AAA owns the truck or has any liability here.

Do you think the truck and driver are covered by Nationwide? If the truck was yellow and had AAA on the door then AAA has got a stake in this. Thankfully the spyder owner is ok and that's the bottom line.

 

[ARtraveler]

Glad to hear you are all right. Most of what the other posters said is good. Cannot add much to that. :yes:

 

[Deanna777]

Glad you are ok.

Deanna

 

[johnsimion]

Do you think the truck and driver are covered by Nationwide? If the truck was yellow and had AAA on the door then AAA has got a stake in this. Thankfully the spyder owner is ok and that's the bottom line.

Appearances are deceiving. Just because it says "AAA" on the door of the truck doesn't mean anything. Legally speaking, you look to see who actually owns and operates the vehicle. AAA doesn't operate its fleet of emergency vehicles; it contracts with independent companies to provide roadside services. In fact, if you go to the AAA website, there is actually a reference to the AAA road service "contractor network." The independent contractor is the one that is liable here. AAA would be involved only if the independent contractor had AAA insurance, which may or may not be the case. In fact, the truck may well be covered by Nationwide. It all depends on where the independent contractor bought his insurance.

 

[NDrider]

Agree

Super glad your OK, I am betting your Spyder will be at the dealer for a good chunk of riding season....
I would tell the insurance company you want them to pay for a rental while yours is in the shop.
Don't take NO for an answer.
Ride Safe
Dave

I agree a 100% they should supply you with a rental spyder

 

[johnsimion]

You don't know what he has for insurance. No need for conjecture.

Oh, I think conjecture is all right here. If there is any insurance at all, it would be liability insurance since that's a state requirement. Liability insurance (obviously) pays when the insured party is at fault, and since fault is clear here, our guy's accident would clearly be paid for by the other party's liability insurance. We don't need to speculate about what liability insurance would pay. Liability insurance pays anything and everything the defendant is liable for -- including things such as medical bills, lost wages, property damage, and loss of use of his vehicle, and of course the ever-popular pain & suffering. Since our guy lost the use of his Spyder, the other party would be liable for that. That means his liability insurance would also be obliged to fix the Spyder and to either provide an equivalent rental or pay for the same until it's fixed and returned to him. That's not conjecture, that's law.

Of course policy limits would still apply. Also, if the defendant didn't have any insurance and had no money, then there would be an issue collecting, but the legal liability would still be there. In that case, our guy's own uninsured motorist (U/M) insurance would then apply to some degree in that situation but since there are different types of U/M we really have no way to discuss that here.

 

[Fatcycledaddy]

"Full speed"? Don't think so.

Pete, although you may not mean to be antagonistic, you really are. The speed limit in that area could have been 10 miles an hour and it could have been full speed, you don't know for sure, so a blanket statement like yours above has no purpose other than causing an argument or friction. Looking at some of the other comments here, it looks like you have succeeded in it again.

Every post or comment on a post does not have to be for the cause of getting a rise out of people.

Why can't you just be happy that no one was hurt, and that the Spyder looks like it might be repairable as others have posted? Why must you question what was said and basically call the OP a lair?

I think you need some peace and joy in your life!!! Go ride some more please.

 

[Mr. White]

Make sure your dealer checks the "sub frame"....it is easily damaged and seldom checked. Lots of plastic must be removed to be done properly.

:spyder2:

 

[RinconRyder]

Oh, I think conjecture is all right here. If there is any insurance at all, it would be liability insurance since that's a state requirement. Liability insurance (obviously) pays when the insured party is at fault, and since fault is clear here, our guy's accident would clearly be paid for by the other party's liability insurance. Not so fast. My son was driving my old van 18 months ago and another driver ran a red light (uncontested) and tore the front end off the van. The other driver was ticketed but that did not stop the other insurance company (American Family) from declaring my son was partially at fault and arbitrarily assigning a 30% "negligence" penalty to the payoff. My only recourse was to sue Am Fam but I could find no lawyer to take the case because personal injury was not significant - my only loss being the van itself. My son's part of the accident claim is still being pursued almost two years later.

 

[slick999]

Glad your ok and didn't get thrown off.I got bumped in the rear last year when a lady took her foot off of the brake while we were stopped and she drifted forward hitting me.Only damage was rear plastic,wheel/tire took the hit but it jolted me forward then back causing a minor whiplash.Not sure in your state but in Pa for medical its no fault law says you claim your own medical insurance but you can go after the other party for pain/suffering.Hope your spyder is repairable.

 

[sandeejs]

Accident

The speed limit in that area could have been 10 miles an hour and it could have been full speed, you don't know for sure......

What I was thinking.

Glad you are O.K., Joe. Hope they get your Spyder fixed up real quick.
~Sandee~

 

[oldguyinTX]

AAA doesn't own tow trucks that I'm aware of.
It's obviously NOT 'full speed' and if he hadn't 'braked' you wouldn't be here to tell the story.
So, how about giving us the unembellished facts of the situation?

Just can't resist conflict, can you? No one gives a rat's ass how fast the truck was going except the OP, who got hit, the cop who issued that driver a citation, and AAA's insurance company, if in fact it was a AAA branded truck like the ones that bring you a battery. Regardless of whether or not AAA actually owns the truck - and you don't know that any more than I do - it could be leased from Penske or whoever, and most probably is. The fact remains that if it has AAA in big letters all over it, they are responsible for insurance coverage as the lessee, the lessor is responsible for nothing. It is exactly as if you lease a car. You don't own it, but you have to insure and maintain it, so you, the lessee, if you rear end someone,are the responsible party. The car dealer, or lessor, has no responsibility or liability whatsoever. As others said in this thread, if it was in fact an independent towing contractor, then yes, the liability is theirs. Which is not to say that the OP's insurance company couldn't go after AAA as well, especially if that tow truck has AAA on it's doors, as many do in my area. The fact remains that the OP was rear ended at whatever speed for whatever reason by a another driver, and that driver, and his/her insurance company is liable.

 

[UtahPete]

Just can't resist conflict, can you? No one gives a rat's ass how fast the truck was going except the OP, who got hit, the cop who issued that driver a citation, and AAA's insurance company, if in fact it was a AAA branded truck like the ones that bring you a battery.

Hi OldGuyInCT. I realize it must seem that way to a lot of people, but conflict is actually the unintended fallout from my questioning the OP's statement.

There were just too many red flags to my analytical mind and it seemed the OP is the one wanting to stir up trouble. Look at all the responses about AAA liability, truck driver responsibility, his own insurance companies' liability to provide him a loaner, frame damage, etc. Wow! All he said was he got hit from behind by a tow truck, then posted pics showing very minor body damage and said he was not injured and the community goes in all kinds of directions from that, requiring all kinds of unsupported assumptions.

Look at the OP's post with a skeptical mind and you'll see there is nothing in it to support either his statement of being hit 'at full speed without braking' or his claim that he was hit by a AAA (i.e. yellow) tow truck.

So, all I was doing was saying to the OP that some clarifying information would be useful because what he had presented (and never followed up on) posed a very confusing or misleading situation. I mean, wouldn't you like to know more about how a Spyder could sustain so little damage after being hit at full speed by an inattentive tow truck driver, who didn't even brake?

I don't know. Maybe I'm the only one who reacted that way to this post. But, it doesn't mean I was trying to create conflict so much as trying to resolve in my mind the conflicting evidence this thread presented.

 

[johnsimion]

Oh, I think conjecture is all right here. If there is any insurance at all, it would be liability insurance since that's a state requirement. Liability insurance (obviously) pays when the insured party is at fault, and since fault is clear here, our guy's accident would clearly be paid for by the other party's liability insurance. Not so fast. My son was driving my old van 18 months ago and another driver ran a red light (uncontested) and tore the front end off the van. The other driver was ticketed but that did not stop the other insurance company (American Family) from declaring my son was partially at fault and arbitrarily assigning a 30% "negligence" penalty to the payoff. My only recourse was to sue Am Fam but I could find no lawyer to take the case because personal injury was not significant - my only loss being the van itself. My son's part of the accident claim is still being pursued almost two years later.

The OP was stopped at a red light and struck from behind. There is nothing different he could have done to prevent the accident and hence there is no basis to claim comparative fault (which is what AmFam did to your son). Also, in 30 years of practicing law I have simply never heard of a single case in which fault was ascribed to the victim of a rear-end collision. Not to say it couldn't happen, but I can't envision it on these facts. In your son's case, forgive me for playing devil's advocate here. If your son was the first in line at a red light and moved forward at the green without looking first to make sure it's safe, that would be comparative fault. Even if the light is green, you're supposed to wait to make sure the intersection is clear before proceeding. If this was the case and your son could have seen that the other driver wasn't going to stop and acted in time to avoid the accident, that would be considered his comparative fault. Hence it's not quite the same situation as a rear-end collision where there is nothing the victim could do to prevent the accident. I'm not saying this is the case with our son, and it's kind of rare for an insurance company to nitpick a driver like that, and it does suck, but that might be their perspective.

 

[WA5VHU]

Hi OldGuyInCT. I realize it must seem that way to a lot of people, but conflict is actually the unintended fallout from my questioning the OP's statement.

There were just too many red flags to my analytical mind and it seemed the OP is the one wanting to stir up trouble. Look at all the responses about AAA liability, truck driver responsibility, his own insurance companies' liability to provide him a loaner, frame damage, etc. Wow! All he said was he got hit from behind by a tow truck, then posted pics showing very minor body damage and said he was not injured and the community goes in all kinds of directions from that, requiring all kinds of unsupported assumptions.

Look at the OP's post with a skeptical mind and you'll see there is nothing in it to support either his statement of being hit 'at full speed without braking' or his claim that he was hit by a AAA (i.e. yellow) tow truck.

So, all I was doing was saying to the OP that some clarifying information would be useful because what he had presented (and never followed up on) posed a very confusing or misleading situation. I mean, wouldn't you like to know more about how a Spyder could sustain so little damage after being hit at full speed by an inattentive tow truck driver, who didn't even brake?

I don't know. Maybe I'm the only one who reacted that way to this post. But, it doesn't mean I was trying to create conflict so much as trying to resolve in my mind the conflicting evidence this thread presented.

I have been in Utah, it is a beautiful state. Go outside and play.

 

[oldguyinTX]

Hi OldGuyInCT. I realize it must seem that way to a lot of people, but conflict is actually the unintended fallout from my questioning the OP's statement.

There were just too many red flags to my analytical mind and it seemed the OP is the one wanting to stir up trouble. Look at all the responses about AAA liability, truck driver responsibility, his own insurance companies' liability to provide him a loaner, frame damage, etc. Wow! All he said was he got hit from behind by a tow truck, then posted pics showing very minor body damage and said he was not injured and the community goes in all kinds of directions from that, requiring all kinds of unsupported assumptions.

Look at the OP's post with a skeptical mind and you'll see there is nothing in it to support either his statement of being hit 'at full speed without braking' or his claim that he was hit by a AAA (i.e. yellow) tow truck.

So, all I was doing was saying to the OP that some clarifying information would be useful because what he had presented (and never followed up on) posed a very confusing or misleading situation. I mean, wouldn't you like to know more about how a Spyder could sustain so little damage after being hit at full speed by an inattentive tow truck driver, who didn't even brake?

I don't know. Maybe I'm the only one who reacted that way to this post. But, it doesn't mean I was trying to create conflict so much as trying to resolve in my mind the conflicting evidence this thread presented.

Pete, I agree that he said "no braking" and "full speed", but he never said "tow truck" and he never said "yellow". Can't tell from the one picture of the front of the truck. Not that it really matters, whether it was a tow truck or an ice cream truck, he was hit from behind and that is the fault of the truck driver, and that is where the liability lies. I also agree that it looks like a fairly low speed collision. After all, Spyder bodies are plastic, not metal, and it doesn't take a huge impact to do some serious bodywork damage. But it's also possible that there might be other underlying damage not readily apparent from the photos. I would like to think that if it had been me, I would have had the sense of mind to have taken a full picture of the truck showing the company name and if it had a AAA logo on it as some do, as well as the license plate number. I think that if I were sitting stopped on my Spyder and were hit from behind, I might think "full speed" as well, or at least think it was faster than the person that hit me may have been going. It was probably quite a shock, and somewhat disorienting. Having been rear ended in my truck by a car going probably 20-25 mph, let me tell you, it was one hell of a schock.