Honda Spree vs SUV... help please

[leebizz]

i recently got in to a accident with my 86 honda spree

i was driving my scooter and a lady pulled out of the gas station and i ran right in to the side of her SUV... I LOST. i hit the driver side fender and then went over the hood i was goting about 30 35 tops. its so clear that i had the right of way, but due to a witness that i dont think exist giving a false statement its going to be hard for me to prove my case...

he said that i had no headlights on and that i was driving erraticlly witch was untrue and completly errelevent. i tried to explain top the officer before i was taking away by the emts that its IMPOSSIBLE to turn off the head lights on the scooter and that there is only a high and low beam... but it didnt matter to him, i got a 361 dollar ticket and a night in the hosipital.

when i picked up the police reoprt it was completly wrong... so now im struggeling trying to gather info/witnesses to win my case and prove my point.

i need info about the automatic head light system on the honda spree because i cant find it at all...

thanks in abvance... pics comming soon

[Chicago Ben]

jesus man, glad youre ok

just search for the owners manual online and print out the pages regarding the headlight...

[motormike]

Here's the best I can offer......go to wikispreedia.....select Spree owners manual, part "A".....find page 18....stated there is headlight info that might help.....It says that headlight and instrument light are "ON" when bike is running......good luck..................

[biyonca131]

Sorry to hear that, it sounds terrible. Do you have the service manual for your scooter? Theres probably something in there about the switch - with pictures. I would suggest going to the place where the crash happened and get pictures of the area, the posted speed and where the SUV pulled out and take a picture from where the SUV would have been when they looked up the road to show that it should have been obvious that you were coming. Im sure you have a court date for the ticket so bring the pictures with you as evidence. You should talk it over with your insurance company too.

[66SIX]

Forget the headlight , The guy just got gas and was in a rush to get going somewhere .
You need to do some detective work it's not easy but if you know some cops or someone that works at DMV or an insurance co.
try to find out his past driving record . Also what was he driving a low car or a high truck ?
Go to the gas station around the same time and see for yourself what the driving conditions are ?
Was it sunset was the sun in his eyes does he wear glasses does the gas station have a servalance system ?.
I know I'm wasteing my time telling you this as most people won't follow up and don't think they can beat it .
But you can beat it and probably get some cash out of the deal also the guy could be telling the truth and he just didn't see you
scooters are small and low but it dosen't make it right , the longer you wait the less information you will collect .

[motormike]

NOOB.....it's there for a purpose

[biyonca131]

wow, I guess noobs are watched very carefully on here, not very welcoming. I apologize if my first post was not helpful, but I do hope you are ok and things will work out well.

[motormike]

wow, I guess noobs are watched very carefully on here, not very welcoming.

Welcome, noob.....now let me introduce you to Bear45-70...................

[fightingplankton]

it doesnt matter if your headlight was on or not.
all that matters is that you were in on-coming traffic on a thru-street. if anyone is pulling out into that traffic, they do NOT have right-of-way.
if you sped up or were speeding to begin with, you could be in the wrong, however, if anyone pulls out in to oncoming traffic, they are at fault.
now, if you are going to base your case around her saying you were driving w/o a headlight... just download the manual, the only way you could have been riding w/ your headlight off is if your light was burned out. end of story.

[Bear45-70]

Everything said by everyone else is all and good, but without an attorney you are going to get screwed. First off the cop does NOT know the law, which is no big surprise by the way. Most cops only think they know the law. So his report violates the law and without an attorney the court will never listen to a thing you say. You will also have to sue to recover your damages, but you can include your attorney fees, medical fees and repair to your scooter. FYI, people who have had an accident LIE!.

[leebizz]

it doesnt matter if your headlight was on or not.
all that matters is that you were in on-coming traffic on a thru-street. if anyone is pulling out into that traffic, they do NOT have right-of-way.
if you sped up or were speeding to begin with, you could be in the wrong, however, if anyone pulls out in to oncoming traffic, they are at fault.
now, if you are going to base your case around her saying you were driving w/o a headlight... just download the manual, the only way you could have been riding w/ your headlight off is if your light was burned out. end of story.

exectly!!!
but the officer that wrote the poliece report completely screwed it up and said that the lady never pulled out of the drive way making it seem that i hoped the curb and drove in to the suv while it was still in the gas station ...
but it is deffently true that i had the right of way...

Everything said by everyone else is all and good, but without an attorney you are going to get screwed. First off quote]

yes i deff got a laywer

Forget the headlight , The guy just got gas and was in a rush to get going somewhere .
You need to do some detective work it's not easy but if you know some cops or someone that works at DMV or an insurance co.
try to find out his past driving record . Also what was he driving a low car or a high truck ?
Go to the gas station around the same time and see for yourself what the driving conditions are ?
Was it sunset was the sun in his eyes does he wear glasses does the gas station have a servalance system ?.
I know I'm wasteing my time telling you this as most people won't follow up and don't think they can beat it .
But you can beat it and probably get some cash out of the deal also the guy could be telling the truth and he just didn't see you
scooters are small and low but it dosen't make it right , the longer you wait the less information you will collect .

well by the way the cops where talking to me and me getting a ticket when i clearly was the victim i dont think the cops would be on my side. and it was around 10:00 at night and im doing the best i could on getting info...

Sorry to hear that, it sounds terrible. Do you have the service manual for your scooter? Theres probably something in there about the switch - with pictures. I would suggest going to the place where the crash happened and get pictures of the area, the posted speed and where the SUV pulled out and take a picture from where the SUV would have been when they looked up the road to show that it should have been obvious that you were coming. Im sure you have a court date for the ticket so bring the pictures with you as evidence. You should talk it over with your insurance company too.

thank you about the service manual info ... i wasnt thinking i guess but yes i took pics

[noiseguy]

Gah. You're doing it wrong. Service manual? WTH?

I want you to pick up the nearest phonebook and find a personal injury attorney... RIGHT NOW.

Tell them what happened. See if they will take the case. If not call a couple more until you find one that will. It will cost you NOTHING, they will take a cut of what they recover.

I expect the ticket will get thrown out and you'll get paid from the gal's insurance company for your trashed scoot and your injuries.

Have fun and report back.

[ute]

also see if there are any security cams that show the area of the accident . You maybe able to get the tape or you may have to got to the cops and ask them to get it. And get a lawyer


Glad your ok

[leebizz]

[fightingplankton]

i like the injury lawyer idea. sounds like your best bet.