Wednesday 09/24/14 at 6:15 pm: While enjoying a recreational ride a left hand turning vehicle pulled into my pathway at the very last second headed toward a residential driveway . They were ticketed for "Failure to Yield the Right of Way" and we were hospitalized for 2 days. I broke 5 ribs and my Metacarpal all on the right side, my wife has severe bruising of her ribs and a broken wrist, both on the right side. We are both severely sore all over and limited to what we can do. I’m unable to do anything for 6 to 8 weeks including a long list fall yard issues. She’s unable to work and will be using up all of her sick days and then applying for disability pay. The cycle needs $800+ in parts including a new front fender, major fiberglass repair on the fairing, the tour pack, the saddle bags and the right side cover. Everything was cracked or deeply scuffed (grated) but the left side cover. Also a thorough repaint will be needed.


I have not heard back from the claims adjuster on the bike but my insurers have been in close contact, and the 23 y/o girl who caused the accident is insured, and we will be dealing with her insurance for many issues including mileage for all related travels and assistance for things we cannot do at this time.


What can I expect if they total my 1986 Tour Glide? My policy has Comprehensive, not to exceed $6,000, and Collision, not to exceed $6,000. Also in the policy is a clause for Safety Riding Apparel of up to $1,000. Current NADA value online is $8,135 in "Very Good Condition (my opinion it was) and only $5,875 in "Good" condition. The max of "Excellent Condition" was a shocking $14,190 and "Fair" was only $4,750.


What can I expect in the legal sense, not dollars and cents, if they total the bike and offer it back to me for a fair price? Will my insurer organize getting it repaired? Will I be able to negotiate what needs repair, or what the settlement will be?


Also I live in Michigan with "No-Fault" laws but was made aware there is a different category for Motorcycles. I’m unsure what they meant other than I was told had I fallen from hitting a deer, or a curb, or an object on the road my health insurance would have to cover my expenses and I’m unsure what coverage the bike would have?


I hear of many people suing after an accident, and even see the specialty lawyer’s commercials on TV and I’m wondering if there is any actual recovery for pain and suffering, loss of wages, etc. Or do these lawyers only sue if there is an uninsured driver involved. And are these 6 digit or more settlements to recoup health care costs or actual settlements for pain and suffering?


Anyone else have some experience or details on this that could help us?

 

I'd get a Lawyer, That's the only way you will get a settlement in your favor. her insurance company is going to try to reduce what they pay out. Been there done that.

 

I don't have any personal details, but that is sound advice from Diablo!
Lawyer up soon!

 

Yup. Lawyer up. They'll take their 25/33% but w/out them Ins.Co. will screw you good.

 

Great advice already given, get an attorney.

 

On an 86 they are going to low ball it hard, likes been said it's land shark time.

 

Regarding no-fault, and I'm like 95% sure here, if you were in a car your insurance is responsible for your medical coverage. But in NY bikes are exempt, and your insurance is for coverage to other people, and you have to buy your own substantial coverage. Your's may be good for only $25k or something which is nothing. You are going to need a lawyer to get the other party to pay your medical, don't forget suffering and long-term issues too.

I don't understand, if my bike is mangled in an accident, I don't want it back. Give me the money and I'm off for a new ride without issues

 

It's going to come down to how much she was insured for(this is important to know), what your medical bills are going to be, if you have any long lasting injuries and if you were determined to be negligent in any way.
Bike will be last on the list I'm afraid.
Be careful who you pick for an attorney(ask your friends and consult several attorney's), as many just try to negotiate ASAP(Ambulance Chasers) and that being the case probably don't have your best interest at heart but their $$$$$$.

 

You will need a lawyer and even then you will still get screwed. I just up my coverage on my bike, added additional medical coverage, lowered my deductible. My coverage is now over a half million. As your about to find out, when your out of work on top of what physical damage your bodies have, you will find out how bad off your going to be if the other person has minimum requited by law insurance. A lawyer can't get blood from a stone if she only has minimum coverage and a job at Mc Donalds. If you sue for pain and suffering you might want to google the girls liability (what the state maximum is) that the courts can demand her to pay in the long run.
So please everybody, increase your own insurance coverage to cover your accidents even if it's the other guys fault!!!!!!!!!!!!!!!!!!!!!!!!!

 

An oxymoron, but get a good lawyer. Let him deal with it. Don't expect satisfaction. The only winners in collisions are the lawyers and the insurance companies.....................