Another accident report
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Another accident report
It's been all too frequent lately but I've got another accident to share and get some advice on...
My good buddy bought his '06 1200R just a month ago and yesterday got rear-ended (going maybe 30, he says). Very fortunately, he escaped with just some bruises and road rash, but his bike is near totalled. He went down pretty hard.
The laundry list includes: 2 bent fenders, dented gas tank, crooked/bent handlebars, damaged speedo & tach, both rear turn signals gone, busted SE II pipes, bent sissy bar, scuffed Sundowner, bent Progressive shocks, and other misc scuffed/dented/missing parts. I've yet to explore it myself in detail, but about the only thing still intact is the engine and frame (except maybe the forks).
He got the lady's insurance info, and from all accounts she is at fault (he didn't cut her off or anything), so we think the insurance will cover it. My question(s) is: Will her insurance essentially cover all costs to get the bike fixed or replaced? Is it necessary to get a lawyer (he doesn't think a hospital trip is necessary)? At what point do they consider a bike salvaged, and do they ever just "replace" a wrecked bike with a new one?
Sorry about the long post, but I'd appreciate some sound input. Ride safe and watch out for those damn cagers!!
My good buddy bought his '06 1200R just a month ago and yesterday got rear-ended (going maybe 30, he says). Very fortunately, he escaped with just some bruises and road rash, but his bike is near totalled. He went down pretty hard.
The laundry list includes: 2 bent fenders, dented gas tank, crooked/bent handlebars, damaged speedo & tach, both rear turn signals gone, busted SE II pipes, bent sissy bar, scuffed Sundowner, bent Progressive shocks, and other misc scuffed/dented/missing parts. I've yet to explore it myself in detail, but about the only thing still intact is the engine and frame (except maybe the forks).
He got the lady's insurance info, and from all accounts she is at fault (he didn't cut her off or anything), so we think the insurance will cover it. My question(s) is: Will her insurance essentially cover all costs to get the bike fixed or replaced? Is it necessary to get a lawyer (he doesn't think a hospital trip is necessary)? At what point do they consider a bike salvaged, and do they ever just "replace" a wrecked bike with a new one?
Sorry about the long post, but I'd appreciate some sound input. Ride safe and watch out for those damn cagers!!
Ultimate HDF Member
Joined: Sep 2005
Posts: 8,641
Likes: 26
From: Ozark Country
RE: Another accident report
Those questions would need to be answered byher specific insurance company.
They would need to have an agent check out the bike estimate repairs, etc..
Normally if a bike is a 'total loss' they won't buy you a new model, but will check Kelly Blue Book or other sources to find it's current value.
Problem is thatthe 'book value' of the bike might be lessthan the total amount still owed.
You can purchase insurance policies that will pay 'replacement cost', rather than 'book value', but normally for a higher premium.
Anyway, good luck dealing with the insurance folks, as it can be a real PITA....
They would need to have an agent check out the bike estimate repairs, etc..
Normally if a bike is a 'total loss' they won't buy you a new model, but will check Kelly Blue Book or other sources to find it's current value.
Problem is thatthe 'book value' of the bike might be lessthan the total amount still owed.
You can purchase insurance policies that will pay 'replacement cost', rather than 'book value', but normally for a higher premium.
Anyway, good luck dealing with the insurance folks, as it can be a real PITA....
Road Master
Joined: Apr 2007
Posts: 806
Likes: 1
From: Upstate NY
RE: Another accident report
if the total of the parts exceeds the value of the bike they will total it and he will get a check for the "blue book" value, not the replacement value of a new bike. He will get a check for his and will have to make up the difference if he gets a new bike. Glad to hear he is ok. As for getting a check for his injury? well that would depend on long term affects of the injury. If it were me, I would not sue unless she was not being honest, or if she was an A**HOLE...LOL But if she was truely sorry and the bike will be fixed or replaced, I would thank my lucky stars I was still above ground... my .02 cents worth.
give him my best,
Lewd
give him my best,
Lewd
Ultimate HDF Member
Joined: Sep 2005
Posts: 8,641
Likes: 26
From: Ozark Country
RE: Another accident report
Just to give you an idea, I checked the Blue Book value on a 2006 1200R Sportster.
They show the following;
Trade In Value ~ $5,115
Retail Value ~ $7,615
They show the following;
Trade In Value ~ $5,115
Retail Value ~ $7,615
Novice
Joined: Apr 2007
Posts: 16
Likes: 0
RE: Another accident report
The insurance adjusters are going to contact each other then the two parties. His insurance is going to determine if the bike is beyond economical repair - if the labor and parts are more than or over a certain percentage of the value of the bike, they will call it a total loss. Don't expect to recover the complete value of the bike or any add-ons...that's just part of the insurance game. In most states, reguardless if a ticket was issued or not, the driver that hit someone from behind is at fault for failing to follow at a safe distance. The insurance companies will work out a settlement....her insurance will probably pay for the damage....if they don't his will probably take them to civil court.
Extreme HDF Member
Joined: Apr 2006
Posts: 11,317
Likes: 11
From: Tucson, Az
RE: Another accident report
The insurance company will owe "actual cash value". That is what a bike of like kind and quality is "actually" selling for. What can be confusing is sometimes the owner will think the asking price is a true value. Not. The selling price is the true value.
There are several things to consider when determining if a vehicle is a total loss. The cost to repair, the value of the vehicle prior to the loss and the value of the salvage as it sets there now. In theory if you have a $10,000.00 motorcycle and the cost to repair is $6,000.00 you might automatically think the bike is repairable. However, if the salvage as it sets there is worth $5,000.00 it is a total loss. In other words, the insurance company pays you 10, sells the bike as it sets for 5 and ends up only being out 5 instead of being out 6 to repair!!!
Your friend does not necessarily need an attorney. Wait and listen to what the insurance company has to say. If he ends up not being satisfied with what they're offering he has to consider whether the cost of an attorney would make up the difference or not. You can generally figure an attorney will cost you 30% of what they recover. That varies some but that is the general accepted fee. He would have to get quite a bit more than they're offering to make the attorney fee worth while.
There are several things to consider when determining if a vehicle is a total loss. The cost to repair, the value of the vehicle prior to the loss and the value of the salvage as it sets there now. In theory if you have a $10,000.00 motorcycle and the cost to repair is $6,000.00 you might automatically think the bike is repairable. However, if the salvage as it sets there is worth $5,000.00 it is a total loss. In other words, the insurance company pays you 10, sells the bike as it sets for 5 and ends up only being out 5 instead of being out 6 to repair!!!
Your friend does not necessarily need an attorney. Wait and listen to what the insurance company has to say. If he ends up not being satisfied with what they're offering he has to consider whether the cost of an attorney would make up the difference or not. You can generally figure an attorney will cost you 30% of what they recover. That varies some but that is the general accepted fee. He would have to get quite a bit more than they're offering to make the attorney fee worth while.
Cruiser
Joined: Jul 2006
Posts: 114
Likes: 1
From: Boston, Ma
RE: Another accident report
Sorry to hear about your friend's accident, and glad he is ok. Personally speaking I am not the sue happy type at all. From personal experience though, I would recommend at least a trip to hospital to get checked out. You can never tell if there may be any long term effects from the accidnet. My uncle was in one hell of an accident roughly 20 years ago, at the time he was in the Navy, and was actually hit by the General of the base's son (who was driving drunk) To make a long story short, the Navy bigwigs saw my uncle when he was doped up and in the hospital and had him sign every paper under the son clearing the kid of any kind of fault or future lawsuits. My uncle had to have two inches of his shin bone removed, which 20 years later has caused back problems, he broke his nose and now has breathing issues as well as severe migranines. You can never tell in an accident what if any future problems may arise. Better for your friend to at least go get checked out and have some peice of mind, rather than worry later in life about what he should have done. Again, glad he is ok, and sorry about the ride...
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Road Master
Joined: Mar 2007
Posts: 874
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RE: Another accident report
One nice thing my insurance company allows me to do for free is add all my extras... Pipes, winshield, stage one air cleaner, sissy bar, seat, bags.. All that free of charge and they will replace it all if ever needed... maybe something to keep in mind when looking for insurance.
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RE: Another accident report
I know its gonna be a long, red tape filled process with the insurance companies, and right now us laymen can only really speculate on what they will decide, but I just hope he can recoup everything and come out even. His accessories include the pipes, sissy bar, progressive shocks, grips, seat, pegs, and skull theme trim throughout. With all that stuff, I think it would push the value of the bike to the point of what he paid ($8500). His insurance covers $3000 of accessories, but it shouldn't need to in this situation.
He's not a sue-happy guy, nor is he excited about paying a lawyer, and the lady was freaking out after it happened, so I think that part will be OK.
Thanks for the words of wisdom everyone, and keep it coming. I'll let y'all know how it goes!
He's not a sue-happy guy, nor is he excited about paying a lawyer, and the lady was freaking out after it happened, so I think that part will be OK.
Thanks for the words of wisdom everyone, and keep it coming. I'll let y'all know how it goes!
Extreme HDF Member
Joined: Apr 2006
Posts: 11,317
Likes: 11
From: Tucson, Az
RE: Another accident report
Just an added thought. Have you friend do his homework. Shop around and get as best an idea he can for what his bike is worth. Not what he wishes it was worth but what it actually is worth. When an insurance adjuster makes an offer on a total loss and the owner say: "no, that's not fair". The adjuster will say: "why" and the owner will say: "cause - it's just not". That's not a very convincing arguement. However if he says: "because I have talked to x, x and x at these 3 dealerships and they say xxx. The second guy has one just like mine and they will sell it for xxx". That will get the kind of attention it deserves and will have an impact on the final settlement figure.
Tell your friend good luck.
Tell your friend good luck.