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Involved in first accident about two weeks ago...

  #51  
Old 11-20-2018, 07:19 PM
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Make absolutely sure all injuries are healed, treated and paid for. Many may not make their presence known for some time. Got hit in my truck a few years back. Totalled the minivan that backed into me (it was 2-3 feet shorter afterwards), only put a minor ding in my brushguard. I had worse scratches from normal bugs and other road debris, So no real claim and I let it go. About 3 weeks later I was black and blue all over my chest and waist. Ached for months, fortunately just deep bruising, no serious injury, but lesson learned.

In your situation I would have no mercy. There is absolutely zero excused for driving impaired. I'd be going for the throat. Even more so should you find out this isn't the first impaired driving offense.
 
  #52  
Old 11-20-2018, 07:47 PM
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An impaired driver involved in an accident causing damage and injuries is a dream come true for any decent lawyer. I’m not an advocate of getting lawyers involved in every accident. But, this one sounds like you need one.

Its also BS that the perps insurance only restores to OEM. They are obliged gated to restore to previous condition, accessories and all.
 
  #53  
Old 11-21-2018, 09:13 PM
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You could use some legal advice. Get it from a lawyer in your state who has experience in this area, who will look at the details of your specific case. He'll also have a malpractice policy, which will cover any mistakes he makes. You can consult a lawyer without hiring him, and often a short consultation is free.

Don't get your legal advice from an insurance agent (he's not your agent) or other non-lawyer. No guarantee they know what they're talking about, they don't have a legal duty to you, and no malpractice policy to cover their mistakes.
 
  #54  
Old 11-21-2018, 09:56 PM
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Since you indicated that you owe on your bike, the finance company's name will be on the repair check (and the release) too. Keep your repairs separate from your medical, lost wages, loss of consortium, etc... Just my $0.02
 
  #55  
Old 11-23-2018, 06:06 AM
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As many have said, lawyer up. They have their lawyers trying to keep you as bottom dollar as they can. I know this just as other have stated , from experiance. Fed Ex caused my last accident in September. I was on my 03 FLHTCUI, no big deal right? Well although I had no major injuries and was carted off to the hospital via ambulance and my bike to the salvage yard, I am about 22k in the hole for medical alone. My bike was totaled and I had to start over.
Luckly I had a lawyer. My bike has been paid for,although the insurance swabbled over minor accessories that I had repiepts for. They didnt want to pay for anything. Gyess what, I too have EERIE. They are fantastic, other insurance is not ao much. I ended up with a broken shoulderblade,1 rib broken and a broken wrist, 6 staples in my head and road rash. I was out of work for a week. And limited work for 3 more. I was lucky. However my lawyer is talking 6 digits......let that sink in. 6 DIGITS. For FED EX thats a drop in the bucket. For a drunk driver.....much harder hit. If we dont punish the idiots in cages then we will always be the bad guy. Hit him and his insurance where it hurts....in the wallet. Im glad I did. Ive since bought my 02 FLHTCUI and I am making it mine now. Hope you have some luck. Eather way I feel your pain brother.
 
  #56  
Old 11-23-2018, 12:18 PM
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Having done this recently on my car and been in the automotive industry for a bit here's my two cents.
1) Your insurance will pay the property claim up to the limits established by you when you took out your policy. Typically they settle with you less your collision deductible which is rebated once they collect the claim.
2) Erie is also my company, they tend to settle very quickly and at lease with cars, use high book value. If the bike is deemed a total pay close attention to the comparable vehicle values and look them up. Comp values are provided to the insurance companies typically by a third party evaluator. Have the other guys carrier inspect the bike either way. It's their responsibility to settle their clients claim quickly and efficiency. If they total the bike check their comps, often you'll see the same vehicle listed but with a different value. In my case three of the five comps on my carrier, Erie, showed on the other company (Geico) report. Two of the Geico vehicles weren't even on the market and I argued therefor e they weren't comps. The numbers did not match and I ended up in a three way call with Geico, myself and the third party company who flat out said Geico uses low value range in their settlement.
3) We all know our bikes are worth more than... Two steps, if you have recently spent money on up grades, recent repairs, i.e. just serviced, new brakes, tires etcetera you may be able to squeeze them for a few extra dollars. Replacement of personal property, catalogue what you have, helmet, glasses and so on and prepare a list. Step two start the hunt on line for your own comparable bikes and be realistic.
4) Lawyer up, you aren't going to get rich but don't sing a settlement closing our the case. You can settle property independent of personal injury without impairing your case. They have to cover your medical, your lost wages which n=leaves you with pain and suffering. So that is a decision you'll have to make.
 
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