+1, get a good lawyer and sue the insurance company.
I had to do the same back in the early 90's when a lady ran a stop sign and I t-boned her car. They didn't want to pay for my clothes that were tore up!

 

as indicated above, but, get a couple of legal opinions just to be sure your getting what is due to you. hope it pans out for ya

 

Well said. ..........I was in this situation in 2002-2003. The lawyers were a pain in the azz, but without them, the Soccer Moms (that smashed me) insurance co. would have REALLY screwed me over. More so than they did!

 

I guess it will just be a drawn out process.....thanks for all the info everyone!!

 

http://www.themotorcyclelawyer.com/

Their insurance company is only interested in their bottom line..

 

I've always wondered about A.I.M. in a case like this. I'd at least call them and see how they operate.
http://www.on-a-bike.com/aim/aim.htm

 

The ins. company is responsible for ALL related medical charges and lost income from not being able to work.They must also pay you for your bike, at value however....They aren't going to give you a new bike for an old one just that simple. I would avoid attorneys unless it gets ugly because they get all your money. Don't sign a THING, OR cash ANY checks from them until you are MADE WHOLE, use that term on them, they don't like it one bit.

Mark

 

pebbles glad to here your om is ok. now for the insurance company fight fight fight. back in 85 when i got t-boned buy a bus i fought for the 25k that i paid for the car plus another 25k to replace the car. it took 5 years but i did win.

 

First off sorry her hear about the accident, but gald he is alive. Ok now to the topic you asked. Yes you should get a Lawer and try to get money for the pain, injurys and time off work, so for the bike-every hear of gap insurance? They have that for this very reason, but seems you don' need it. See it's not what you owe on the vehicle that get totaled it what the vehicle is worth. So if you owe say $6,000 on the bike and it worth $12,000 then they would pay off the loan and you would get a check for $6,000. Now if you did not have Gap and say you owed $14,000 and the bike was worth $12,000 then you would be on the hook for the left over $2,000. If you have gap then you should not own the $2,000-the gap would take care of that part with maybe some small fees. I see what your saying, but I have never seen someone that has a vehicle get totaled and they get there loan paid off and a new vehicle free and clear. I'm just useing simple numbers here, but I hope you see my point.

 

I know a little about your situation, I'm an insurance adjuster that used to handle automotive claims (I'm in homeowners now). Your claim will be handled in two separate parts: Property damage (bike, clothes, gear), and the injuries/loss of income.
Usually the property damaged can be handled quickly and fairly without an attorney. In general, most state laws say that you are owed for cost of repairs, or if totalled, the actual cash value of the property at the time of the loss(immediately before the wreck). This amount is fairly easy to determine, as in what would the bike have sold for the day before the wreck? This amount will be the same, whether you owe on a loan or the bike is paid for. Many people are "upside down" on their loans, and owe much more than the vehicle is actually worth (thankfully, it doesn't sound like you are in that situation).
Most states have laws that require the property be settled ASAP, or at most within 30 - 60 days. My company, (which I can not mention) has internal requirements that we pay on-site if at all possible, the same day we inspect the damage put a check in your hand. If you are not satisfied with the amount you receive, you only need to provide documentation as to why the bike is worth more: dealer quotes, classified ads, maintenance reciepts, etc... They will have to consider all of these things toward possible additional value. One thing that you didn't mention is loss of use. They owe you for rental fees to replace the use of the vehicle until they are able to settle/provide you with money, but usually don't offer this unless you ask.
As far as the injuries, do not sign a release, and see what your are offered for the injuries, as they usually calculate an approx amount based on the nature of the injury, as well as the loss of work income due to the injury. It would then be good to discuss your options with an attorney or two as far as settlement potential, but do not sign anything until you have really researched the issues. You need to keep in mind that the attorneys are out to make money, and will be keeping a portion of your settlement. Somertimes the attorneys end up with the same settlement you would have received on your own, they just keep 30% or more of it for themselves!
One last thing to consider is that both the property and liability (injury) settlements are limited to the actual coverage amounts of the policy, which in some states can be as low as $10k for property and $25k for injuries.
Good luck to you, and I hope everything goes smoothly for you.