Bike knocked over - owner kicked

[challey]

All right, the subject line might be a just a little misleading but I wanted to vent and to see if this has happened to anyone else.
A couple of weeks ago, a fellow firefighter from another station backed into my R with his fire company's command vehicle. My R was knocked down and the result was a dented tank, bent bars, broken mirrors and a bunch of other scrapes & bruises. No question that it was his fault and half a dozen witnesses saw what happened. Cost for new parts (incl tank) are over $2,000. Labor might run another $500 - $1,000.
But here's the wrinkle: Since the vehicle that did the damage is owned by a municipality and governed by Pennsylvania laws of sovereign immunity, the municipality's insurance carrier isn't required to pay for the damage. Instead, your own insurance company is expected to pay. The insurance company for the guilty party (the municipality) pays only your deductible. Your insurance company is not supposed to up your rates since this not your fault but there is no provision in the PA statues that actually provides for enforcement. Worse, there appears to be no provision to prevent your carrier from dropping you. If that happens, you will then be viewed as high-risk and obtaining insurance will be difficult and very costly.
Guess my alternative is to just learn to live with the dent and try to straighten the bars.

[rdsmith3]

I have unused round mirrors. I replaced them with K mirrors. One has a little scratch from a little bitty drop.

Anyway, you are welcome to have them for the cost of shipping. They are just sitting in my garage.

Also, if your bar ends are scratched, buy some Wurth Satin Black spray paint. This German paint is a perfect match for the factory black paint.

[challey]

Thanks for the tips and for your offer, rd.
I need to see what eventually happens here but I may wind up taking you up on your offer.

[Badger]

Most states and municipalities allow themselves to be sued despite sovereign immunity. You nay have to go thru a statutory hoop or two.......e.g. give em notice and a chance to settle......could be a time limit....might pay to check with a lawyer

[rdsmith3]

Badger - yes, but then they raise his property taxes $3,000/year to cover the cost of the lawsuit!

challey -- no problem. the mirrors are not going anywhere.

[pjbmw]

Unfortunate that your workmate doesn't 'step up' and pay for the damages.

[Guessed]

Take your fire truck and go run over his car.

[BobFV1]

Threaten the city with a lawsuit and then settle, then put itching powder in the other guy's turn-out gear. You could also adulterate his food in a variety of ways......

You could also consider peeing in his helmet - just trying to be constructive....

[beekstersocal]

THATS B.S i would talk to a lawyer, theres always a way to get around laws

[boxermania]

challey....don't panic.....

Go through channels and see what can be done inhouse before going out with the dirty laundry.

Talk to the visiting firefighter and ask him to help you from his end.

Consult with an attorney as to the available options in case the municipality abides by the sovereign immunity.

From the look of things and on all counts you are in for a long haul.....

Hope that everything works to your satisfaction.

[riceburner]

To be honest - I'd expect the guy who can't drive to cough up the cash.

[Leno]

"municipality's insurance carrier isn't required to pay for the damage"

two points

1. If that is the case then why do they have insurance?
2. Just because their insurance will not pay out does not mean that they are not lible for the costs.

[wncbmw]

Hey Challey - I won't offer any advice on the legal stuff but a friend of mine offered to sell me some Rockster bars for my Roadster and I picked them up this week and he was confused, they are stock Roadster bars! I was going to return them but I am sure he will be reasonable on the price since I have bought things from him in the past. I will contact him and find out how much he wants for them and be glad to handle shipping for you. I will contact him this weekend and get back to you.

BTW, my son just turned 18 and went from a junior firefighter to a regular firefighter with the local volunteer department. He is off to college tommorrow in Emergency Management. I will work out a deal for you if you want the bars!

[Badger]

the municipality or county undoubtedly has a procedure for "small" claims. Might be worth finding out.

[challey]

Thanks for the suggestions but I've go to see how this pans out. Supposedly the PA statues:
1) require your insurance company to pay
2) mandate that it is a "non-chargeable" accident and
3) prohibit your insurance company from raising your rates due to this claim.
We'll see. So far, it's been very painful dealing with my insurance company but only time will tell.

[scottybooj]

if you have to, use the insurance...that's why you have it.

[Camm]

The correct procedure regardless of the Commonwealth's attempt to duck responsibility is to sue the owner and the operator of the vehicle that caused the damage. A lawyer licensed in that jurisdiction is a must. Then see what settlements are offered.

[Blitz]

Municpalities have to have and insurance carrier here in CT. but that's our state. I would definitely look into small claims court and consult with an attorney (YUKK!) for other options before you bite the bullet yourself. That law is total B.S.!!! Sovereign Immunity ...what a joke!