A bit of background info-

A week ago tonight I was rear ended on my '05 XL1200C at a stop sign a few hundred yards from my house. There was damage to the rear fender and left side of the bike in various areas that I listed on other posts.

Earlier today I called a lawyer's office. They specialize in motor vehicle cases. They set up an appointment for Wednesday and told me not to speak with the other drivers insurance company. Not more than an hour later I heard from the insurance adjuster who looked the bike over last week. They received an estimate from the stealership in the amount of $3600+ dollars. That doesn't include the seat, and possible frame or handlebar damage. He said they would likely want to total the bike due to the amount of damages and that he would get back to me with an offer. I mentioned that I had an appointment with a lawyer on Wednesday.

I don't remember his exact words, but he mentioned something about settling without the lawyer's involvement. I simply told him that I wanted advice before proceeding and had scheduled the appt. Within about 30 minutes he had called back. Heeding the lawyers advice I let the call go to voicemail. His message basically said that "Yes, after consulting with another motorcycle adjuster, they wanted to total the bike and would I call him". When I got home there was another missed call from him on the caller ID.

What I'm really wondering at this point is how this whole process works. The Kelley Blue Book value of the bike is $7500, but I have a lot of HD add-ons installed. Some of them are listed in the estimate from the dealership, some aren't. In fact I totalled up about $850+ that aren't mentioned. If the bike is totalled, what happens to the add-ons?? Are they factored into the settlement or do I have to try to resell them?? BTW in Pennsylvania if they total the bike it must be registered as a salvage vehicle which pretty much destroys the resale value.

What concerns me more is the fact that I owe a pretty good amount on the bike. I don't want to end up with no bike, a paid off loan and maybe a couple of thousand in my pocket. I really want to have a decent down payment on a new ride and maybe a few bucks left over...I would appreciate hearing from anyone who has had to deal with a similar situation. I do plan to move from the Sporty to a BT, probably a Dyna.

P.S. I have what might be considered soft tissue damage - bumps and bruises with no major damage. I'm basically stiff and sore and have been taking it easy since the incident.

 

I see future doctor bills.....anxiety attacks.........sleep disorders...... I guess that's one way, not the right way but.... talk to your attorney

 

Go for the "inability to perform sexually" angle. That supposedly pays off big time. YOu may be able to buy 20 Sporty's from that LOL

 

When my wife totalled her Nightster, they paid KBB + $1000 for protective gear and accessories. In her case the $1000 covered it. The KBB price was about $2000 short of what a used Nighster with similar miles and equipment was selling for. Fortunately, we didn't owe on it. Since there is an "at fault" driver, I would stick with the attorney until he/she says to settle.

 

Talk to your lawyer at least for an initial consultation. That should make it clear what you need to do.
MikeM

 

After having dealt with insurance companies after accidents a couple of times in the past 5 years I will tell you get a lawyer. They will do their best to screw you, not because they are all jerks, but because that is their job. The 33% you will give up to the lawyer will more than likely be made up the extra money he/she will get you.

 

I'm anxious to hear what they have to say at the consultation. I guess I would have to weigh the initial offer from the insurance company against how much the lawyers think you might collect less their 30% or so.

 

Pardon the pun, but you're in the driver's seat. You have no reason to return the insurance company's call until you've met with your lawyer. They are not offering you a "one chance" settlement offer before you consult with a lawyer and if they did, it would mean there's more to be gained from a lawyer on your side.

 

Remember, a good attorney is like a good prostitute.... They'll take any position for the right price. Do I hear long term anxiety and personal injury claims rattling in the desk drawer???

 

I'd consult with the lawyer, but, then... I'd pick a number I was happy with, and ask the insurance company if they'd give it to me.

If you ask them for $25,000 and they give it to you - you get $25,000. If the lawyer goes for $50,000 and you get awarded $25,000, the lawyer takes his percentage (at least 33% most likely) and you get the balance (about $16,500).