Ask Our Lawyer – November 2019

Ask Our Lawyer

by Rod Taylor – ABATE Legal Services

ROAHAZARD.ORG, IT WORKS.

 Please keep sending in those road hazards, we get things done when these notices are coming from a law office.  The following email was received the next morning after alerting INDOT of a dangerous roadway.

______________________________________

From: INDOT South West IN Communications

Sent: Tuesday, October 1, 2019 12:23 PM

Good Afternoon!

Thank you for contacting the Indiana Department of Transportation regarding State Road 66. This area is still under contract so I sent this over to our Project Engineer for this area for him to review.  Thank you for bringing this to our attention.

Have a Blessed Day!

Misty McCarter

DANGERS OF RIDING EAST THIS TIME OF YEAR – IT’S FIVE O’CLOCK SOMEWHERE

ABATE LEGAL passes on our observations of motorcycles getting hit while traveling east in late afternoon.  Numerous riders have been hit or nearly so by drivers heading west into the blinding sun.  Sounds like common sense, but the smaller you are, the harder it is to see you in the setting sun.  So much so that I say avoid traveling into or away from a blinding sun.  If you do, be prepared that the car/truck coming toward you or up behind you may be blinded by the suns rays.  We have had several members learn this the hard way.  Just passing this on.

Q.  My husband had a bad crash on his motorcycle, but is recovering. The insurance company has agreed to pay us for the damage to his bike and allow us to keep it less the salvage value. We are paying a fair price for wrecked bike (salvage) and can fix it for a reasonable amount. Is that normal for an insurance company to do that? Also, the insurance premium is due soon. Is it ok to cancel the policy? Is there any downside to canceling? We need to save all the dollars we can until my husband recovers from his injuries and gets back to work, but we do not want to jeopardize the settlement funds and the deal for the bike. Rod, we need your advice.

– ABATE member

A.  Most insurance companies allow its insureds to “buy” the salvage, so buying the salvage is normal. This means that when a company totals your motorcycle, they are obligated to pay you the “value” of the motorcycle. At that point, the insurance company owns the wrecked and totaled motorcycle (salvage). You then can negotiate with your insurance company as to the value of the salvage. If you are mechanically inclined, this may be an opportunity to get a “good deal” if the motorcycle is repairable. They will deduct this salvage amount from the value of your motorcycle and send you a check for the balance.

As to your other question, you can cancel your policy and it will not affect your motorcycle settlement, or the other obligations of the policy that are in effect, at the time of the crash. The greater portion of the premium you pay on your policy goes toward liability coverage for the other person if you are involved in a crash. Since your bike is not road-worthy, that part of the coverage is a waste. However, your policy does have theft coverage and you will lose that coverage when you cancel. Check with your homeowners/renters’ insurance company to see if they will provide theft coverage for the bike since it may be considered personal property and not a “vehicle.” Some policies provide coverage for a stored bike in damaged condition – some don’t. If you do not have theft coverage, get a big chain and a bad dog because your kind of bike is a theft target.

 

ABATE – SHOULD WE EAT OUR OWN?

  1. Our ABATE Chapter has been ripped off by one of our own. I have heard of other instances where an officer “borrows” ABATE monies and can’t pay it back. How can we protect ourselves? Should we sue the member? Can we collect? Do we prosecute? What do we do?
  2. Here is what we should do. All money handlers in any ABATE organization should be bonded.It is simple and cost effective. Here is how it works: a bonding company (like an insurance company) agrees to write a bond (an insurance policy for theft) up to a certain amount of theft (or “borrowing”). I recommend that at least 75% of the amount of money that will be handled.

If we have one of our own who “borrows” the money, we simply turn it over to the bonding company. They pay us for the loss just like an insurance company does when you have a fire loss. It is the bonding company that will go after (our hopefully) ex-ABATE member. In that way, ABATE is made whole and we do not have to eat our own.  Life is too short to start hanging our errant members.  Let the bonding company do the eating, and we have better things to do for motorcyclists.

BIKER PROVERBS

 I received the following in an email and need to share with you:

Four wheels move the body. Two wheels move the soul.

Never be afraid to slow down.

A bike on the road is worth two in the shed.

Young riders pick a destination and go… Old riders pick a direction and go.

People are like Motorcycles: each is customized a bit differently.

Everyone crashes. Some get back on. Some don’t. Some can’t.

Don’t argue with an 18-wheeler.

Never be ashamed to unlearn an old habit.

There are drunk riders. There are old riders. There are NO old, drunk riders.

Only a Biker knows why a dog sticks his head out of a car window.

There are two types of people in this world, people who ride motorcycles and people who wish they could.

MOTORCYCLE RUN RULES ILLINOIS, OHIO, INDIANA, MISSOURI

Q.  Is it legal in Illinois for outriders (with reflective vests) to stop traffic at intersections with or without local law enforcements permission during a motorcycle run?   Jon ‘Pilgrim’ Kersey, VP Eastern Il. ABATE chapter.

A.  Most states have statutes similar to the ones in Illinois. Section 11-1416 of Illinois Vehicle Code (625 ILCS 5/11-1416) (from Ch. 95 ½, par. 11-1416) reads:

Sec. 11-1416. Obstructing person in highways. No person shall wilfully and unnecessarily hinder, obstruct or delay, or wilfully and unnecessarily attempt to delay, hinder or obstruct any other person lawfully driving or traveling along or upon any highway within this State or offer for barter or sale merchandise on said highway so as to interfere with the effective movement of traffic.

(Source: P.A. 80-911.)

The “outriders” could be charged with violating this statute as well as a “local ordinance”.

The key word in §11-1416 is “unnecessarily.”  Although the “outriders” might argue that it was necessary for them to obstruct traffic, I doubt if a judge would make such a finding.  After all, the group could have accommodated local traffic if it had chosen to do so.

For some intersections the law is not clear.  If the ride was on a through street with no stop or yield signs or traffic signals and if traffic on intersecting streets were required to yield to traffic on the through street, then it would seem that the outriders did not obstruct traffic.  If this is what happened, then they did not stop vehicles.  Rather, they were protecting through traffic from illegal and dangerous interruption by vehicles that were required by law to stop.  But even this situation is less than clear.

If the ride was running red lights or stop signs, then they should be glad no one was arrested for such violations.  And if there are collisions, they probably will get sued.

The rule of thumb is that only persons with police powers are authorized to control traffic movement.  These persons would include all police officers and most laws allow flagmen to control traffic at construction sites.  Also, it may be necessary (note the key word discussed above) for individuals to guide traffic during emergencies when police are not available.  Other than these very few exceptions, individuals who interfere with traffic are in violation of 11-1416.

 

THIS SIGN HAS TO SAVE LIVES

IMG_3498

I saw this sign as I was riding back from Mt. Vernon.  It was located at a rest stop off of I-57  North of Salem, and South of Effingham, near the intersection with I-70 (just south of the huge cross).  It was placed perfectly for the traffic leaving the rest stop.  I salute the Department of Transportation and encourage all of us in the Midwest to intensify our efforts next Spring when we need to remind our cell phone using cagers that we are out there again.  Ride safe- Rod

 

Ride Safe & Free,

Rod Taylor

ABATE Legal Services

abatelegal.com

All questions from ABATE members are answered confidentially unless otherwise authorized and only after the matter is concluded, except when authorization for publication anonymously or otherwise is given for pending matters. Remember, injured ABATE members pay only 28 ½% of total recovery motorcycle crash cases, and expenses as approved by client. Elsewhere, you may pay 33 ⅓%, 40% or even 50% of your recovery.  In those cases, ABATE members are not charged for recovery of damage to their motorcycle, and have access to a 24-hour toll-free telephone number. Call us at 1-(800)-25-RIDER. Questions? Submit them to: RodTaylor@abatelegal.com © 2019.

 

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