Without a doubt sound advice.

 

rule#1 get an attorney - and I hate attorneys
Now about that bike - HD has sent bulletins to ALL of it's dealers that under no circustances are they to straighten any frames. They do not want the liability.
Even 1 tab that holds anything- even a chain guard bracket, or plastic side panel, or even the most minor part to the frame - is considered "the frame".
If you have any issues with the ins company get the bulletin from your dealer.
Most ins companies will total a bike rather than replace the frame.
If you really insist on keeping your bike - do not let them issue a salvage title.
Now onto rule # 2 - get an attorney - did I mention I hate attorneys

good luck

 

Ditto on the attorney. At least you'll know where you stand - what it will cost you and how much you have to gain. Insurance companys (the cager's) are not your friend.

 

I see this all the time. I'm an insurance agent. My brother is an attorney. You are foolish if you do not get an attorney.

 

I got t-boned on 9-11 of 2008.
It appears from several posts, that many of us are in the same drama.
Currently, I haven't an attorney because they offered more than I payed for bike (but not more than it's worth to me) and sound real friendly, but I am not signing anything yet.
Especially since the "keep my bike offer" has now become a,
"You can keep your bike as a salvage-parts-bike, but it can never be ridden or registered even if the frame isn't bent because we have rendered it totaled"
Well, I won't even go into how furious that made me because I don't want to show my cards in case that bass-turd is reading this.
It really is up to you and when you get to this point where you don't know what to do, then you find an attorney.
I, am going to keep my options open, and might take their offer to an attorney, pay him $200 to look at agreement, then close my deal or if he says they are screwing me, retain him.
In my state, I have 2 years to settle/sue. As I see my medical bils approaching $8000, and my out of pocket bike repair at $3000 so far, I can understand how others need money and settle quickly.

All that said, Shrimp926, you asked about how much the rule-of-thumb is for settlement. I have been told by people and the adjuster, that your bike and medical will be paid for and your pain & suffering, is negotiable... about 2x to 3x your medical bills. I will provide my facts when I settle.
Whatever you do, do not sign until you are comfortable, with or without an attorney.

 

I would try with the $100,000 on your own, if they refuse or try to offer a small figure get an experienced attorney

 

I've been an insurance agent for 25 years. The other person's insurance company is pampering you to avoid a lawsuit. Your injuries, thank God, are not that severe. Personally, I'd ask for a new bike and a cash settlement. Go for a high amount and negotiate. If you don't like dealing with them or don't have the time, hire an attorney. You couldn't even sue in Michigan. You can only sue if the injuries lead to perrmanent disability or disfigurement. My limited experience with claims is the attorneys go for the easy money. They will try to settle the case out of court and advise you to sign. I guarantee you if you hire an attorney, the first thing he will do is find out the limit of liability of the car driver's insurance and then contact the insurance company with a settlement offer. Your attorney does not want to go to court and earn his 33% He'd rather make the thousands of dollars in a quick settlement. That's why I say, if you can negotiate what you think is a fair settlement, do it yourself. If not, then by all means hire an attorney.

 

2-5 times the BI, or special, damages is a general rule of thumb. If the case is questionable in liability you can figure closer to 2X, and if it is a case of liability it should be closer to 5X. (I think you already said they admitted liability) This includes past and future medical bills, past and future lost wages, pain and suffering, loss of enjoyment of riding your bike since the accident, etc. Also, are you married? Your wife may have a claim if you were laid up for any amount of time. (They will require that she also sign the release)

The PD damages are different. Get them to either fix or replace your bike to your satisfaction.

If you decide to proceed on your own, do it in writing. It's OK to talk to them on the phone, but follow it up in writing. The first thing you need to do is ask them for the limits of their policy. If the liability limit is low, like $25k, I would immediately make a demand in writing for the limits. (Insurance companies are very sensitive to bad faith claims and this will put that in their minds) I would also ask them about the statute of limitations in your state so you know how long you have before suit needs to be filed in case you don't settle.

Good luck.

 

Just heard back from the stealership...The preliminary estimate of damages is just over $3600 and I'm sure it will rise when they actually see it in person. As I mentioned on a previous thread, I think the pivot bolt is bent forward and there may be frame damage. So I guess that's my starting point.

 

I've been doing this for over 30 years, from the insurance carrier side. Believe me, you have no idea of what could happen to you in the future. $100,000 demand, no offense, but good luck with that. Soft tissue injuries, no broken bones? There isn't a chance you'd be looking at 1/2 that in a voluntary settlement from an insurance settlement. Don't believe anyone's b.s. that you have a claim you can retire on, you just don't.

My best advice, get an attorney, it is not too late. Depending on what state you're in, you can have up to 3 years to file a personal injury action. But if you don't know the law in your particular state, all the more reason to get an attorney.

Do NOT get one of the late night TV a-holes. You need someone who specializes in personal injury and in motorcycle accidents.

Good Luck. Don't sign anything w/o seeing an attorney. Once you sign your rights away, you are done. It's worth the attorney fee to make sure you are treated fairly.