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Husband got hit head on...

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  #21  
Old 04-13-2010, 02:01 PM
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Pebbles,
Please don't agree to anything or sign anything until you consult with a lawyer. You can pay a good accident lawyer for a consultation about your options. Do remember that insurance adjusters get paid to make you settle for the lowest amount possible.

Speedy recovery thoughts going out your way.
 
  #22  
Old 04-13-2010, 02:11 PM
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The insurance company may have totaled the bike - which means you should get to keep it. I'm sure you can get it rebuilt for a lot less than the insurance check..at least its worthj checking into
 
  #23  
Old 04-13-2010, 02:11 PM
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Originally Posted by XL50#674
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.
This is good info above!
The thing to remember is, state law dictates how these things are settled, and they don't owe you for a brand new bike, they owe you for the bike that was damaged, and its value based on mileage/condition/and market value at the date of loss. (If the bike was newly ridden off the showroom floor, you would get new value.) Another thing you will run into is accessories. We see bikes all the time that have $10k or more in chrome added, but when it comes to sale time, it may add little to the value that someone would actually pay for the bike.
 
  #24  
Old 04-13-2010, 02:15 PM
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Originally Posted by karaokeman
The insurance company may have totaled the bike - which means you should get to keep it. I'm sure you can get it rebuilt for a lot less than the insurance check..at least its worthj checking into
More good info! Usually you can retain the bike for "salvage value" which is a wholesale amount that a salvage yard would pay for the bike. This is pennies on the dollar to what a damaged Harley is worth. Even if you didn't want to have it fixed, you can usually "part it out" and regain a large portion of your money.
 
  #25  
Old 04-13-2010, 02:19 PM
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Glad he survived! Check you PM
 
  #26  
Old 04-13-2010, 02:23 PM
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Don't sign anything until you, at least, talk to a lawyer. Their insurance may not buy you a new bike but the settlement will certainly help in that respect also. My son's settlement fixed his bike to "like new" and paid for his college education.
 
  #27  
Old 04-13-2010, 02:28 PM
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I had a similar experience years ago. I had a headon in an intersection when I guy who was not looking tried to make a left turn in front of me. I had my 4 kids in the car at the time, and although not really hurt, were shook up a bit, with a few bruises.

The insurance adjuster told me they would give me $300 for my totaled car and that was it. That was way below what my 59 chevy convertible was worth, even though it had around 200,000 miles on it. I told him I would not except that. So he left.

A week later he came back and asked me if I was ready to settle up for the car. I told him no way. So he left again.

I went to my insurance agent, and told him my story. He said " don't you ever pull this on me, but next time the adjuster comes around, you tell him that you will take $500 for the car, and you want $ 800 for the kids that were shook up in the wreck."

When the adjuster came the next time, I gave him my terms as my agent had said, and he wrote out a check on the spot for $1300. I did not cash it for a while, just to make them sweat. Until you cash the check, they are still on the hook for whatever comes up at a later date. Good luck.
 
  #28  
Old 04-13-2010, 02:28 PM
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Originally Posted by Jumper667
Do remember that insurance adjusters get paid to make you settle for the lowest amount possible.
Jumper,
In our defense, that was the way some companies handled claims long go. States have passed laws to protect us (the public), and insurance companies do everything possible to abide by the laws. Keep in mind that adjusters get into accidents and have to go through the same hassles as everyone else.
Virtually all "in house" adjusters get paid hourly or salary with no incentive to low-ball claims. "Independant" adjusters actually get paid a percentage of the claim value--so it is in their benefit to pay as much as possible! We try to pay the "correct" amount that is actually owed, and believe it or not it is in our own best interest to pay as much as possible & have happy customers! It's also in an insurance company's best interest to have happy customers & stay out of court whenever possible. When attorneys get involved, they are the only ones that come out ahead!
Sadly, there are many times when a good attorney is necessary to ensure you get taken care of. There are a few bad apples out there (as there are in any industry), and if you do run into someone that is purposely low-balling a claim, they need to be reported to the state insurance commisioner ASAP!

To the OP: sorry if I hijacked the thread, just rying to help you out!
 

Last edited by CATchaser; 04-13-2010 at 02:32 PM. Reason: more info!
  #29  
Old 04-13-2010, 03:50 PM
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Give these guys a call. All they do is motorcycle claims. They got me more than I paid for my bike. And you are also entitled to rental fees, the whole time you are out of a bike, which they got me as well.

http://www.twowheeljustice.com/
 
  #30  
Old 04-13-2010, 06:17 PM
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Originally Posted by CATchaser
This is good info above!
The thing to remember is, state law dictates how these things are settled, and they don't owe you for a brand new bike, they owe you for the bike that was damaged, and its value based on mileage/condition/and market value at the date of loss. (If the bike was newly ridden off the showroom floor, you would get new value.) Another thing you will run into is accessories. We see bikes all the time that have $10k or more in chrome added, but when it comes to sale time, it may add little to the value that someone would actually pay for the bike.
Sounds like you're talking about what HER insurance would owe. What the at-fault party's insurance owes can be a whole different story and it most likely doesn't end at what the current value of the bike is. She really needs to talk to a lawyer in her jurisdiction and stuff posted here may be very misleading. When I'm not a soldier, I'm a lawyer and I've done both insurance law for the insurance company and the plaintiff (and for myself, as plaintiff). I'm not giving online advice in this case, other than it may be time to see a lawyer. There are cases where a person comes out worse by getting a lawyer, but most of the time, especially if the other side's insurer is low-balling, you probably need legal advice.
 


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