Wreck update...need advice
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Road Master
Joined: Sep 2007
Posts: 963
Likes: 145
From: Displaced hillbilly
Wreck update...need advice
Well I finally got my bike into the dealer yesterday, and after hearing comments from the guys at the shop, I'm more grateful that I wasn't hurt worse than I am. They said they have seen bike with less damage where itwas a fatality. Anyways I talked to the colision guy today, and though he hadn't done in inspection on it yet, he did say he looked it over real quick and thinks it will be a total loss.
Needless to say that spun me off into a whole new realm of pissed off!!!
Now my lawyer's paralegal told me that the lady who pulled out in front of me, that her insurance company has admitted to full liability in the matter.
So my question is, now how do I get back to where I was before the accident, all happy like and owning a bike?It was only 2 months old.
If the Ins. Co. pays off the note, where is the down payment and money for all the mods on a new bike coming from??
I just want to get back to the way things were before!! AAARRRRGGGGHHH!!!
Needless to say that spun me off into a whole new realm of pissed off!!!
Now my lawyer's paralegal told me that the lady who pulled out in front of me, that her insurance company has admitted to full liability in the matter.
So my question is, now how do I get back to where I was before the accident, all happy like and owning a bike?It was only 2 months old.
If the Ins. Co. pays off the note, where is the down payment and money for all the mods on a new bike coming from??
I just want to get back to the way things were before!! AAARRRRGGGGHHH!!!
Road Captain
Joined: Feb 2008
Posts: 712
Likes: 0
From: Ponte Vedra, FL
RE: Wreck update...need advice
Telll your lawyer's paralegal exactly how much it will take to pay off the note on the wrecked bike then for you to get a new bike exactly (if not better than your old one). Then have them add about $10k to the top of that figure. The insurance company will come back with another number which will probably be close to what you are looking for. Definitely demand higher than you require though.
Elite HDF Member
Joined: Jun 2007
Posts: 3,873
Likes: 13
From: NW Arkansas
RE: Wreck update...need advice
First, get rid of the friggin lawyer.[:'(] Negotiate for the best deal you can on the property damage. The bike is worth what it is worth. Don't settle on themedical side. Get set up where you are either sending the med bills to the ol'lady's insurance company, or to your own insur co.,to be paid by hers at a later date. You usually have up to 18 months to settle. A lawyer will ask for 5 times the medical expenses (that is above the actual expenses so don't skimp on going to the doctor, nueroligist, physical therepist, [don't check my spelling]) for "pain and suffering". Put them off on settleing for a year or better andthey will probably offer you at least 3 times the medical expenses to settle. Example: you spend 1000.00; they will pay thatand offer you 3000.00 for "pain and suffeirng" That should put you back to about breaking even on the deal, but it does take time. Unless a lawyer can win you a big lawsuit, which usually means you have permenant physical injuries, you can come out better not using a lawyer.....No I don't have a license to practice law......I did not stay atthe Holiday Inn Express last night........but I have done the above on two occasions, on the advice of a lawyer (oldhigh school buddy)and it has worked out well for me. Example:Vehicles wrecked were well maintained 5 or 6 year old vehicles, bought as "program cars" with less than 15000 miles them. They were replaced with new "program cars" that were paid off with the settlementmoney about 1 year after the accidents.
Tourer
Joined: Apr 2008
Posts: 279
Likes: 9
From: Houston, Texas, USA
RE: Wreck update...need advice
Send the other guy's insurance company a copy of your sales invoice. Since the bike is only 2 months old, that should be as good as a current appraisal. Don't forget to add in all the money you spent on chrome, etc. Your HD dealer should be able to give you a printout of all the stuff you bought. Also, add in your helmet, your jeans, your jacket, and anything else that was damaged when you hit the pavement. Add tax and anything else you can think of. If you document all this stuff, you won't have any trouble getting your money back.
How do I know all this? Got rear ended by a 20 year old in a truck. Totalled my bike. Got full value for everything because I was able to produce proof.
How do I know all this? Got rear ended by a 20 year old in a truck. Totalled my bike. Got full value for everything because I was able to produce proof.
Road Master
Joined: Apr 2008
Posts: 931
Likes: 3
From: England
RE: Wreck update...need advice
Always thought that would be a bad one when I started looking for insurance for my bike. Fortunately we have some specialist insurance companies that do an agreed value on the bike, including all mods and extras, based on the dealerships valuation of what the total package is worth at the start of the term. So if you are fully comprehensively insured - no matter what happens you are always going to get back the value you agreed at the start of the insurance term. The only downside is if you buy a lot of stuff in the following 12 months - but if you keep the receipts you can always, at least here in the UK,go to the small claims court for a very minimal amount and getany uninsured loss back from the guilty party. Don't forget to add in your lid and any clothing that was also damaged. I think I pay around $300 a year for my Bobber and I have a 7 year protected no claims discount too.
I am not sure how it works in the US - but don't you have a procedure if the other party have admitted liability on a no win no fee basis you can get a lawyer to sort this out for you - especially any consequentialdamages etc. Sounds like the paralegal you've got has not got your best interests at heart here.
I am not sure how it works in the US - but don't you have a procedure if the other party have admitted liability on a no win no fee basis you can get a lawyer to sort this out for you - especially any consequentialdamages etc. Sounds like the paralegal you've got has not got your best interests at heart here.
Tourer
Joined: Aug 2007
Posts: 384
Likes: 0
From: Mesa, AZ
RE: Wreck update...need advice
Check with your insurance company. The loss is a non-chargeable loss to your insurance and most of the time there is something in your policy about a total replacement. I work for an insurance company and do claims. Our insurance is if it is 3 months or less. Most other companies have more than 3 months. The ol lady's insurance might only offer you ACV on the bike...and the second you put that bike in gear at the dealer..the price dropped!!
So see what the old lady's insurance will offer and then see what your insurance will offer. Play the field and see what they will do.
As for the attorney. You don't need him right away. See if you can do it on your own. Just keep all the bills form your treatments and then settle up with the insurance company. Also, you could use the med pay from your insurance. You might have 1,000 or 5,000 med pay. That is for anything your own personal insurance won't take care of. Still keep the bills. Then go to the other insurance company and use the same bills. No its not insurance fraud, it's a way of double dipping. The other insurance company will not know if you used your med pay or not most likely. I see this behavior all the time....although it annoys me, its perfectly legal.
If you have any specific questions pm me and I'll try to help you out as best I can.
So see what the old lady's insurance will offer and then see what your insurance will offer. Play the field and see what they will do.
As for the attorney. You don't need him right away. See if you can do it on your own. Just keep all the bills form your treatments and then settle up with the insurance company. Also, you could use the med pay from your insurance. You might have 1,000 or 5,000 med pay. That is for anything your own personal insurance won't take care of. Still keep the bills. Then go to the other insurance company and use the same bills. No its not insurance fraud, it's a way of double dipping. The other insurance company will not know if you used your med pay or not most likely. I see this behavior all the time....although it annoys me, its perfectly legal.
If you have any specific questions pm me and I'll try to help you out as best I can.
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Road Warrior
Joined: Jan 2007
Posts: 1,319
Likes: 2
From:
RE: Wreck update...need advice
ORIGINAL: Righteous
Send the other guy's insurance company a copy of your sales invoice. Since the bike is only 2 months old, that should be as good as a current appraisal. Don't forget to add in all the money you spent on chrome, etc. Your HD dealer should be able to give you a printout of all the stuff you bought. Also, add in your helmet, your jeans, your jacket, and anything else that was damaged when you hit the pavement. Add tax and anything else you can think of. If you document all this stuff, you won't have any trouble getting your money back.
How do I know all this? Got rear ended by a 20 year old in a truck. Totalled my bike. Got full value for everything because I was able to produce proof.
Send the other guy's insurance company a copy of your sales invoice. Since the bike is only 2 months old, that should be as good as a current appraisal. Don't forget to add in all the money you spent on chrome, etc. Your HD dealer should be able to give you a printout of all the stuff you bought. Also, add in your helmet, your jeans, your jacket, and anything else that was damaged when you hit the pavement. Add tax and anything else you can think of. If you document all this stuff, you won't have any trouble getting your money back.
How do I know all this? Got rear ended by a 20 year old in a truck. Totalled my bike. Got full value for everything because I was able to produce proof.
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