TX to Arctic Circle Part 2: Colorado, and the SUV that backed into me

I was coming off the mountains and the wonderful twisty roads, into Silverton, CO. There was a dark SUV ahead. Speed limit had reduced to about 25, and I was doing that. The SUV started slowing, just as we were coming close to a gas station, on the left.

I have told this story before, and I admit this: I. Made. An. Assumption.

It looked like the SUV was slowing to turn into the station. There were 2-3 cars coming towards us, and it would have been appropriate for the driver to slow to get to the entrance. But he kept slowing. I was behind him. Couldn't pass: he looked as if he was turning left, and...traffic. So I slowed behind him.

He came to a complete stop, half on the road, half on the shoulder (gravel covered). I also came to a stop, about a car length behind.

Then he went into reverse.

I started blowing the horn. Aftermarket Fiamms, a bit louder than stock. I was blaring at least 5 to 6 seconds. I tried to push backwards, still honking. But...I mentioned gravel? I did not want to have my boot slip. He hit me. And stopped.

It still gets my blood boiling, as well as brings back the sheer helpless feeling. I was looking through his vehicle at his mirror and I could see him looking at his side mirror. He would have seen me in the inside mirror...but he didn't look.

He cracked my fender, one small piece broke off. Did NOT hurt the tire, did NOT damage the wheel. I did NOT fall over. If he had gone back 3 more inches, it would have been much worse.

He jumped out yelling "I'm sorry! I didn't see you!"

Police called. The employee at the gas station/convenience store had the door open, and when I started honking, she looked up and told the police that she saw me, halted, not moving, and the SUV hit me. I said the same thing. Again, the driver kept apologizing that he didn't see me when he was backing up. Then we each filled out the police report. He said: He was backing up and I ran into him.

Why? Why was he backing up? He was not trying to go into the gas station. His wife wanted to get a picture of the "Welcome to Silverton" sign that he had just passed!

I'm on a trip from Dallas to Alaska. I'm barely started. I don't have time to work with insurance, so I waited until I got home and got in touch with Farmer's Insurance. The SUV driver's insurance. After a couple of phone calls, they made a determination: I was 'only' 30% at fault. So they will pay 70% of the cost of the new front fender.

I am again outraged. I simply do not know if there is anything else I can do to protest this. The driver is from Arizona, I'm from Texas, the accident in Colorado. The driver was given a ticket for the incident, and the policeman told me in clear terms that I was not at fault in any way, and sent me on my way.

So I ask anyone that has taken the time to read this. What could I do differently? What can I now do? Is there any recourse, after the 'other guys' insurance has made a decision?

I'm sorry if I'm too wordy. As I said, every time I tell the tale, I get angry and frustrated again. But, I also feel better after sharing.

A fellow FJR rider in Helena (there are not many of us) was headed to Glacier NP, two-up with his wife. Approaching Choteau on Hwy 287, a 70 MPH two lane highway, he finds himself behind a pick-up pulling a stock trailer. The rig slows and then comes to a stop. He makes the same assumption as the OP with worse results. The rig begins backing and hits him. The bike goes down, his wife is able to get off but one of his legs is trapped under the bike as it is being pushed down the highway. His wife runs around the trailer up to the cab of the truck and pounds on the window. Had she not been with him the driver of the truck would have backed down a 70 MPH highway another 100-150 yards so he could get to a turn he had missed. The rider was not badly hurt, the bike was totaled and the truck drivers insurance gave him $7000 for a 2007. I suspect they were overly generous in hopes of avoiding a lawsuit. He was able to buy a 2013 for not much more.

Lawyer up

If the only damage is the fender, then getting a lawyer will be like cutting off your nose to spite your face. Nothing is going to ease your frustration about the unfairness of this situation and crappy behavior of the car driver. Well, going to AZ and crapping in the front seat of his car might help.

There should be some sort of Accident Report. Every incident/accident I ever heard of the insurance company required a copy of the Official Police Report. I would assume (that word again) that this is common anywhere in this country. Get a copy of that. Make sure your doofus, lying, dumb@@@ SUV driver's insurance gets a copy of it or at the very least make sure that they know you have it. Then go full HotRodZilla on them. Get on them like ugly on Pterodactyl. You can insinuate that you may have been physically hurt, that you are now afraid of SUVs driven by idiots and that you may have to get a lawyer... Or they could just pay for your fender.

If you don't get satisfaction, your own insurance company may be able to help you. I know Progressive helped me when I was fighting with the other insurance company. About 6 months later Progressive finally got their money back from the other company and they mailed me a check for my deductible.

At the very least you should demand they establish a mobile safe zone for you as well as a years supply of coloring books and crayons.

Like RFH said, you might want to call your insurance agent and let them know the story. They should be able to hammer it out with doofus's insurance company.

I think the stakes are too low, financially, for his insurance company to go all Hotrodzilla on the doofus. And no one was hurt.

ASSuming no insurance kick, Lick your wounds and go ride. Sorry, tough love.

Without getting too deep into my story;after having my accident, I didn't use my insurance company at all, the driver admitted fault, and I thought it would be open/shut....NOT! Let your insurance company do it's job. It may take longer but the results will be better, and you'll have fewer headaches to deal with.

My .2 cents.

Good luck

Wallyo

Almost the exact same think happened to me last January, including the mistake of taking the miscreant's "word" that he'd pay if I ordered the part. Lesson learned. At least I wasn't beginning an epic ride like B10. What a drag!

BTW: the new fender cost a little over $167.00 and took 3 months to arrive. WBill

I can't put in to words how sick I would be if that happened on a trip as well. I'm no legal expert but can you take them to small claims court for the 30%? Amazing Insurance companies are allowed to get away with making you liable at all just because you were there.