so i went down today

[jsinher3_imp]

Gey guys this is my first motorcycle accident I got a paper in the nail stating my insurance company finds me at 50% at fault for the accident. How the hell is that possible it say to appeal I need to pay $50, on top of the rmv is trying to suspend my license, should I get a lawyer or can anything be done about this?

[Randy B]

Why would the DMV want to suspend your license? Someone passes you illegally in the rain across a double yellow and startles you and you crash. How is that your fault? I would fight that.

[Elipten_imp]

What state and insurance company and details of the accident please.


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[emptysea]

So...I'm wondering about several things here. Maybe you could block out the personal details in the letter so that I, or some other insurance professional on this forum, could see it. I'm confused by your implication that your being at fault (or not at fault, for that matter) is in some way related to the DMV wanting to suspend your license. Those seem to be two separate things, unless you damaged someone else's property and now have a financial responsibility issue or something.

Seeing exactly what the letter says might help explain what's going on.

[Henrik_imp]

Here in Switzerland you would have had your license suspended for at least 3 months for loss of control of your vehicle.

[Cormanus]

Here in Switzerland you would have had your license suspended for at least 3 months for loss of control of your vehicle.

Wow. That sounds extreme, even by Australian standards.

[jsinher3_imp]

"suspension is triggered by accumulating any combination of three moving violations and/or surchargeable events within a 24 month period."
this is my third "violation" however, i was not at fault for this.

here is the notice the insurance sent me.

Here in Switzerland you would have had your license suspended for at least 3 months for loss of control of your vehicle.

wow, that nuts even if it isnt your fault?

[Henrik_imp]

The law here considers that if you go down without having been touched by another vehicle, then it is you that lost control of your vehicle and so is at fault. It does create some absurd situations such as you doing evasive actions to avoid being hit by another car, resulting in you lowsiding. From a legal perspective it would have been better to be hit by the other vehicle.

[ClassicVW_imp]

In most states, the other vehicle that causes a crash but is not struck, can still, and IMO, should be entered into or at least mentioned on the report -even if there's no specific info like registration of the vehicle- as contributing to the actual crash. This will spread the fault percentages around and give you some relief. But if the officer doesn't bother to, and many times they may not realize they are able to include the info, you're basically screwed. Some agencies allow for a report to be amended if you ask, but many do not, or there's a time limit as to when it can be done.

[nhawk7504_imp]

Massachusetts is a no fault state. A lady ran a Yield sign when I was on my TU250 and I had to lock up the brakes and went over the bars. No suspension. No surcharge. I can't count the number of times I have swerved away from a crazy driver. That's what we do. Sometimes they are drunk or stoned. A cop said up to 5 in 10 drivers may be impaired on legal or illegal substances at any given time and certainly on Friday and Saturday nights. Glad your injuries were not worse. I agree that you should not need a lawyer. A hearing in a small office in the DMV is what a person would have here in Massachusetts.