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Glad you hear you are in one piece. Sounds like you were lucky with that much damage on the bike and no broken bones. I would say you need to get a copy of the police report for sure. It should say if she was at fault. Good luck!
Last edited by BluBob; Sep 12, 2008 at 09:19 PM.
Reason: made no sense
Glad you are OK too - did the cops show? Hope so, because they'll determine fault and a copy of the police report can help you claim against her insurance. Otherwise, it's your word against hers. Sounds like she hit you, so she's to blame and her insurance should pay, not yours. You mentioned Uncle Sam - are you military? If so, your medical is covered.
state farm does a great job with bike insurance....
When I totalled my bike on the freeway, they paid for the whole thing,
not a lot of questions, just the accident info....
they totaled my bike because it flipped, so when a bike flips it could bend the frame
as opposed to a sliding accident.
my friends low rider needed a frame and other parts, about $3500.00 worth the damage. they didnt total it. got the frame in about a week or so.
good luck
Glad you're OK.........and my condolences on your bike. Yep, they'll low ball ya on the bike. Tell them you want them to REPLACE THE BIKE with all the goodies you had on it instead of a cash settlement. That will shake them up. You're also entitled to a rental car or $$$ for same since that was your main ride.
I'd go with your insurance company, and maybe get an attorney who specializes in Motorcycle accident claims for reimbursement for hospital bills, lost wages, pain and suffering, etc. Granted they take a cut, but they usually get more for you than you trying to do it on your own. How do you know that in a year you wont have neck or back problems or headaches? If you had the right of way......then she's totally at fault.
Dont sign anything without reading and fully understanding it. Keep records of who called, when, what was said, phone numbers etc. Be cooperative, but cautious. Insurance companies, especially for the other drivers..ARE NOT YOUR FRIENDS. Their mantra is SETTLE IT FOR THE LEAST AMOUNT POSSIBLE.
I'm an ex litigation supervisor for "the good hands" company. Good hands my butt....more like middle finger was given to both policy holders and especially for claimants. Set reserves high but get them to settle for the lowest possible dollar.
Good luck and keep us posted.
Your insurance company should be going after the other insurance company. You will absolutely need a copy of the police report. The report is usually available about 5 days after the accident. Since you don't know if the cage drive got a ticket, when you go to get the police report, ask at the police station, how to get in touch with the cop who tended to the accident. Get in touch with him and ask if the cage driver got a ticket. I learned this the hard way years ago - if you aren't hurt too bad, and can stand upright and think halfway clear, always, whenever possible, ask the cop if he's writing a ticket for the person who hit you - and if yes, no problem - if no, then demand to know why not. A ticket for the other person makes it a no-brainer for either insurance company to take care of you with no hassle.
Glad you are ok so far.
Monitor yourself about how you're feeling for a while.
Sometimes our bodies do not immediately manifest what is wrong with them.
Absolutely get a police report if possible. If the person did not get a ticket then it might not go well for you, as in which case your insurance company will have to spring for damages.
I was rear ended at a red light years ago, and the insurance company tried to say I was at fault for stopping as the light was yellow and going red.
Now days I will blow through them if I get into that situation again, if possible.
It's a fuuked up deal.
I hope things work out for you.
Keep us posted.
Do you have collision insurance or just liability? If you have only liability, then you have to collect from her insurance company. If you have collision and liability, then ultimately your insurance company could pay, but the first recourse would still be having the other insurance company pay.
Contact her insurance company and have a copy of the accident report ready. She should have already notified them, but she may not have. They will probably be surprisingly eager to resolve the claim. Why? Because if it's like it is here, you're going to be hearing from a bunch of personal injury attorneys. Consequently, the insurance company would like to apologize, agree to pay, and, most importanly to them, have you waive any future claims. They will offer you a check beyond the damages to your bike because they do not want to go to court.
Think about it: car drills motorcylist and is at fault. Add to that the fact that you're serving your country and this is most definitely not a case this woman's insurance company would ever want to see the light of day.
Given that you have some physical symptoms and discomfort, I would strongly advise against signing any waiver of any kind. Tell them that you and your attorney will resolve additional claims once the extent of your injuries are known. Do make sure that you get checked out thoroughly, since you can have injuries you don't know about, and do engage an attorney.
Thanks again for all the advice. Looks like Im in a holding pattern until I can get the police report next week. Monday I'm going to see my docter and consult a lawyer and let them deal with this crap, I've got too much stuff going on with Uncle Sam and the move to deal with insurance companies rite now. I can gaurantee when this is all done Im dropping Geico! I'm hoping they just total the bike so I can be done with it as I'm not to fond of leaving my bike here to get fixed and try to get them to ship it to CA for me. Thanks again attached are a couple pics
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