I may have to change my user name. My 2002 Heritage has been declared a total loss by my insurance company.

On Oct 25, while enjoying a ride across the Delaware River in Cherry Hill, NJ, I was riding in the curb lane northbound on a four lane road. Ahead on the right in the exit drive of a Community Center is a 2000 Camaro driven by a 78 year old woman waiting to make a left turn. Her head is motionless on her neck, she's looking to her right waiting for southbound traffic to clear. She never looked to her left to make sure the path was clear. She began to leave the exit drive before I had cleared her path. She pulled out right in front of me. I slammed the brakes, but didn't even have time to dump the bike before my front end slammed her driver side door. I was traveling at about 35mph in a 40mph zone before I slammed the brakes.

I suffered a 4.5cm cut to my face below my lip which took 5 stitches, and a dual tibial plateau fracture. (That's the shin bone, the plateau is that part that joins with the femur at the knee.)

She was ticketed for careless driving, which she is contesting. She claims that she looked both ways, and proceeded when she thought it was clear. As the police report indicates, there was nothing to obstruct her view, and she should have recognized me and remained in the exit drive until I had passed. Because of this, I say if she had looked (she did not), shouldn't she be charged with attempted vehicular homicide?

I am very sorry to see the bike lost. It is a sentimental attachment more than a monetary thing. I had hoped to leave the bike to a child if ever I am blessed with one. Mechanically, it had a lot to say for it, not the least of which was a pinion shaft run out of 0.0000". It was amazing. We had to measure another crank just to make sure the gauge was still working! It had 19,404 miles on it when I bought in on August 1st, 2009, and it had just under 53,500 miles on it at the time of the accident. What truly amazes me is that the left hand frame down-tube bowed, but the tire still holds air, and the front rim does not appear to be bent!

Suffice it to say, once the fun with the insurance company is over with, and I get my loss check (which, in my opinion, is about 10% low), I will be looking to replace this machine.

A fellow rider told me years ago that someday, somewhere, somebody WILL make a left turn in front of you without looking. It's almost as if they had seen the future....

 

Glad you're okay but sorry about the scoot. 78 is getting "up there" in age and if you really want to press the issue with charges you could try contacting an attorney.

It's one thing to say she didn't see you if she had looked in your direction but it's an unacceptable mental decision to not take personal responsibility for being careless/lazy/arrogant and never looking at all.

 

From the damage it looks like the bike is salvageable. A lot of times you can buy the bike back from the insurance company with a salvage title and then repair it. With winter on it's way, it's a good time for a project if you have the ability to repair some small frame damage. I know it's easier to buy a new bike but it will only increase the sentimental value if you repair it.

 

What I really want is to repair my bike and keep the title that it has. Failing that, I would like to retain salvage, except that my insurance company charges 32% of the payout to do so. To me, that is an outrage, one which they neglected to inform me of at the point of purchase of the policy. In fact, now that I think about it, I never received the policy itself from them, only a declarations page. That is as much my fault for not insisting on it, I know. I guess I just hoped I would never find myself in this situation. I'm too focused and careful on a bike to cause an accident. Anyway, how can they justify charging $3000+ for 700lbs. of scrap metal?

I fear that what is left will not leave me with enough money to repair the bike and do all the paperwork involved in getting a reconstructed title.

It is sentimental in the sense that it was my first Harley Davidson motorcycle. I had hoped to keep it for life, and keep it in the family after that. But, it seems I will end up in a better position to let it go, get the full payout, and get a similar machine, instead. I would like to replace it with a 2000-2002 Heritage Softail, or maybe a Deluxe, or even a Heritage Springer. But I have time to consider these options, and it's not like the Heritage was my only Harley Davidson. If I can be thankful for nothing else besides the fact that my injuries were not more severe, it is the fact that I was not riding my Crossbones that day! I have a sentimental attachment to that one, too. It is not my first Harley, but it is the first vehicle I purchased new.

 

Time to move on and be glad that you are still alive. Now comes the fun of deciding on a new legacy to leave your heirs. I would look into the Heritage Springer. They are one of the best looking bikes Harley ever made.

 

Attempted vehicular homicide? No.

 

I assume that the 'loss' check is from her insurance company? And if so I'm surprised that you couldn't get what you wanted for it given that there are serious ($$$) medical claims involved here. ( The bike cost should be the least of their worries.)

 

Glad to hear you are living and walking to tell us the story. I know $3k is alot for a totaled motorcycle, but really you could get back to what you had. You'd be getting an engine, tranny, seat, tank?, etc. Just go buy a frame & fenders and you're back in business.

I guess you could start fresh with the payout, but like you said, it wouldn't be yours. I know how you feel on the sentiment factor... I bought my first Harley 4 years ago and plan on giving to my kid on my deathbed.

 

You're alive and that is all that really matters. Having said that I know that does little to ease the pain of losing your beloved bike. I started a new thread a few weeks back titled 'Insurance". I had hit a deer a few weeks prior to that thread and the reason for me starting it. It dawned on me if anything happens to the bike I would only get "book" on it and be out THOUSANDS and THOUSANDS of dollars so I took it, had it appraised and adjusted my policy accordingly. Food for thought for all those who reads this thread. I see bikes here that are very sweet and with THOUSANDS in them too. I would encourage all to think about it and have your bikes appraised too. What's book on a 2006 deluxe? I'm not sure but I'm thinking maybe, 7K, 8k maybe? My bike is now covered for much more than that should the sad day ever arrive that I needed it. Thats a new bike, motor work, suspension upgrades and maybe a little start on some chrome. May your bike rest in peace Dude and good luck on starting a new....

 

I do not know if you are getting an attorney or not. If you were going to let this go with out a claim for injury . If you were going to let it go call them and tell them you want the bike for nothing. W hen they refuse you tell them your back is hurting and you are going to see a doctor in the morning. Chances are the will give you the bike and ask you to sign off from a future claiml