I was hit July 10 by a cager. Banged up both wrists and took a blow to the chest but nothing broke. The bike was all smashed up. The driver accepted full responsibility. I did not hire an attorney and, so far, have not felt the need. His insurance company has paid for my medical bills - nothing major, just bumps and bruises - and has replaced my personal property (helmet, clothes, etc.) in addition to paying for the bike repairs. Everything totaled about $11,000. Other than the fact that I haven't had a ride since July 10th, it could have been a lot worse. Here is where I am going with this. The insurance company wants to close the claim and is asking me what I am looking for in a final settlement. Is there a general rule of thumb on this sort of thing. I remember reading somewhere that someone in my shoes should expect 2 to 5 times the costs incurred for medical and bike repairs. Does anyone have any experience with this sort of thing? Also, I think I will need to provide a list of reasons for a settlement such as possible future problems with my wrists, diminished value of the scoot, doing without a ride most of the summer, etc. etc. etc. Sorry for the long post but I did want to set the table. Can anyone help me?

 

You have now reached the time when having hired an experienced attorney would benefit you greatly. Good luck...

 

i also got hit on july 10 2008.must be a bad omen. hire one of the settlement lawyers they get 30% off the top,you have to put a price on your injuries(pain) and not being able to enjoy your lifestyle of riding (suffering). also you have 2 years to claim on injuries.insurance wants to settle cheap and quick the lawyers will put a number on it.i.m heard of insurance co.giving 80g's to a person that wasn't even in the car that was hit.insurance co.don't like to go to court

 

I agree. If you can settle without an attorney you save 33%. Personally, I wouldn't take less than 50 grand. Whatever you do, if you feel the settlement is unfair, do not sign anything stating you've settled the claim and give up all rights to sue later. Most auto policies have $100,000 per person $300,000 limit per accident. Most attorneys take the easy money - settle for $100,000. Tell them $100,000 or you'll hire an attorney. At least you can negotiate from there.

 

I planned, actually wrote, a long piece about what happened to me a few years ago. Then I thought that it would be better if I didn't, so I erased that stuff. But GET AN ATTORNEY. You can usually get a free consultation. And even if you give the attorney a portion of anything you get, you may be surprised at what you wind up with. I was.

Unless you believe the insurance company wll be fair with you. And if you think that I have some ocean front property here in the desert that I will sell you CHEAP!

Ron

 

Here's my story....

Travelling home from a quick trip in to work - stopped at a sign a couple of hundred yards from home, started to pull out and WHAM!!! I get hit from behind by a cager - a 40ish mother with several children in her car. The bike dropped on the left side and slid probably less than 10 feet. I quickly jumped up off the bike. Fortunately my left leg didn't get trapped/dragged beneath the bike and I could find no damage to my left boot, pants leg, jacket, etc...or more importantly myself.
The driver was quite upset and in a panic. She was accepting full blame saying she "Didn't see me, etc..." I did a quick check and found everything intact except for the bike. I called 911 and within a few minutes a LOT of EMS and police showed up.The rear fender was folded up on top of the tire and the forward control on the left side met the pavement as well and was bent backward. The edge of the windshield was scraped on the pavement as was the left rear turn signal, the tip of the clutch lever was ground down a bit.
Some neighbors came out and helped get the bike on a trailer. My wife directed them to my yard and they dropped it off...Good people!!!
I debated on whether to take a ride on the ambulance and eventually decided to be safe rather than sorry. Went to the ER and had a cat scan done to check for internal injuries. Nothing showed up fortunately. I'm beginning to feel some soreness in my lower back and some pain in the breast bone area of my chest when I bend down. Nothing major right now, but I expect to be feeling it a bit more in the morning.
I'll try to take some photos and post them tomorrow - I've decided to take the day off and call the insurance company,etc and get started on the claim. Guess I don't have to think of an off season project anymore!! Guess my season is over (at least for now)... Any suggestions on a direction to take??? I was thinking of a WG front end, but for the obvious reasons I have to start at the rear of the bike...

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Didn't feel too bad when I got up. Back and chest are getting a bit stiff. Otherwise I don't feel too bad - yet. I guess things may get a bit worse before they get better.
Took a better look at the bike this morning this is what I saw...

- The left edge of the windshield had scraped the roadway.
- The forward mount was bent backward, the footpeg and shifter peg were bent and had scraped. The mount had come in contact with the front edge of the primary cover and left an indentation behind.
- End of clutch lever was scraped.
- Left mirror had road rash also.
- The bottom of the derby cover is scraped.
- The seat has some scrape marks across it (Sundowner).
- The left rear signal is bent backward, seperated from the chrome cover and there's a flat spot ground into it.
- The fender is a mess - tail light disintegrated and the metal is bent up against the tire very tightly. Bike is immobile until the adjuster comes and I can get out the Sawzall!!
- Scrapes and/or marks thru the chrome on the rear muffler SEII.
- Mark on the tank paint, left side.

I have the name and number of an insurance adjuster and he should be stopping by in the next couple of days. I'm just gonna take it easy and visit my family physician on Friday...

Guess I got lucky - it could have been worse.


In response to another post - the woman who hit me lives in the area and is likely to travel it on a daily basis, so I'm sure she's seen this particular "Stop" sign before. Problem is at this intersection you don't have to stop when making a right turn, the direction I believe she was travelling in. She "didn't see me" and planned on cruising thru the right turn without stopping or slowing. I think she must have been distracted by something/someone in the car to have not seen me. I have the brake light mod (turn signals act as brake lights) and I flash them several times as I'm slowing. This also happened on a straight, flat road on a clear night and she had been following behind me for at least 100 yards before the Stop...I really can't explain why she didn't see me...

Adjuster stopped by and took a bunch of photos - I was there also and pointed out all the damage to the add-ons. He suggested I put together a list of damaged parts and their cost. While looking the bike over, he noticed that the pivot bolt might be bent forward. If it is, he might be inclined to total it.

Also took some printouts of the damage photos to the dealer so they can put together an estimate. Looks like the insurance company might want to total the bike out, based on what the adjuster said about possible frame damage. I'm looking for opinions on whether the bike would be worth rebuilding or would I be better off looking for a new ride??

I'm obviously in the early decision making stages, but I'm looking for suggestions and a possible direction. Replies will be appreciated...BTW I've developed a couple of nice bruises and I'm still experiencing pain and stiffness...Went to see the family doc today and got a few Vicodins.........

As you can imagine I'm interested in opinions of others who have gone thru something similar before I field any offers from the insurance company... Don't wanna get shortchanged in this deal...After all it wasn't my fault.

 

I would consult with an attorney that specializes in motorcycle accidents. I don't share the belief that you will be saving 33% by not using an attorney, especially one that is experienced in liability claims involving car / motorcycle accidents. The attorney will earn his fee from an increased settlement from the insurance company, and then some, just by his / her involvement. Most attorneys will meet with you & evaluate your claim for no charge. The right attorney will be able to estimate a settlement range for you.

The other issue is your health. I would not be in a hurry to settle. Let some time pass to be sure you don't have any lingering aches, pains or other issues. I would discuss this with your doctor being sure that you have had every possible test that could reveal any injuries that are not now apparent.

The settlement document that you will eventually sign will have language in it something like this; 'From the beginning of time through all eternity.'

 

Man, my wife got hit by a red light runner in January, missed 4 months of work and all sorts of bills. At first I thought we just wanna get the car fixed and get her checked out and move on, but it really grew to costing us out of pocket for medical stuff, and me losing work taking her everywhere, and then in Sep, lady pulls out and hits me on the scoot, totaling it, now I'm the one going to the doctor and all that.

I talked w/ an atty. In my case I could get a reduced rate letting him handle both cases. I got tired of talking to the other ins company for my wife, even though they were nice, and the insurance company that hit me isn't so nice, so I wanted to nip that in the bud.

There's a lot I didn't know, like at least where I'm at, getting the atty early, is supposed to do things like letting you run the medical stuff through your own health insurance, but then the atty may get your insurance co to settle for 2/3 of what they get. So, they share the burden of recouping money from the other party. So they often will help w/ the property claims, but they don't get paid on it. Then, if you do the medical right, your health ins may have to help pay the lawyer, so that's not coming out of your end. So whatever pain and suffering he can get, then you're paying for that, his 1/3 or whatever, but if he's a decent atty, he should know how much to ask for, he should have been down this road many times for other motorcycle riders specifically, he should know the adjusters at the other companies in the area by name, he should know what they are allowed to and entitled to get.

He should also know some tactics I'm not going to discuss in this forum.

Even though I wanted to try to do the first one myself, I couldn't deal w/ the burden of chasing two settlements, and then I began to realize there was a lot I didn't know, and once I looked at the true cost to us in these two incidents, I realized two things. 1) I needed to get back to my life as soon as possible and let the atty haggle w/ them. And 2) He's probably going to haggle a lot better than I will, since like you, I don't know what to ask for, so at the end of the day, for reasons described above, I may or may not come out ahead w/ the atty, but hopefully, and in all likelihood, we won't come out behind and it will be less stressful.

Time will tell, but I think if you find the right atty, then that makes all the difference. I'm interested in other's views on what they have heard settlements turn out like, but unless the other ins co is real nice and gives you what you think it's worth for all the trouble, it's hard to get them to come off whatever number they think is appropriate, unless a lawyer they know that knows better, is on your side.

YMMV, good luck, and let us know one day how it turns out.

 

I would absolutely consult an attorney.

 

It should not be an Option. Hire an Attorney. I gaurantee that the insurance company has several on retainer in order to write settlement agreements that protect themselves, and rarely cover everything for YOU.

An Attorney in Any accident is more valuable than you know. They know the ins and outs of the insurance industry, and how to use them to YOUR advantage.

Insurance companies are not in the bussiness of being generous, they sound real nice, and seem to do everything right at first, then offer a quick settlement to get rid of you, and never allow you to come back for more even if it is proven that the accident caused whatever problem emerges down the road.