Hi all, it's been awhile since I last logged on, life has been demanding, but I have been able to put almost 2,000 miles on so far this year .
Here's the deal...my husband was on his bike at a stop sign waiting to turn right(east). He was waiting for a vehicle that was heading east to go by, and there was another vehicle that was heading west that was going to make the left turn at the intersection....well, she got in a hurry to beat the vehicle that was heading east, and so cut the corner, turning into the left lane where my husband was, and hit him head on--thankfully he had angels with him that day.... . He came out of it not being paralyzed or dead. Had my husband been sitting by the yellow line, instead of the far right side of the right lane, she would have missed him--that's how far she cut the corner.....so, it's totally her fault, cut and dried.
Now, her insurance claimed that the bike is totalled--we agree to that. They are saying that they will pay off the loan ($19,000) plus give us $1,600 extra for loss of gear-jacket, etc. We had paid $15,000 on the loan, we had 2 years left to pay off the loan. Does it seem outrageous to expect the insurance company to get us another bike, with the total paid down $15,000, plus pay off the totalled bike?? Because....
My husband did get injuries from the accident, so he can't work. My paycheck won't cover all the bills every month, so our credit will be affected, so then how will we be able to get another loan to get a bike? We really believe that absolutely no extra money should come out of our pocket, because of a stupid decision some other driver made. What do you gals and guys think about this???

 

His personal injury claims have monetary value, and their insurance company knows it. Talk to a local attorney who does personal injury work. Some of these guys are kind of... shall we say...well, not all that scrupulous. Don't pay anyone anything, and don't sign anything. Just call some up and see if they will talk to you. Most personal injury lawyers understand the insurance formulas for assessing the value of injuries. If you get them the medical info, they will usually be able to tell you what your case is worth. Be very careful signing up with any of them. Once they have you signed up, they have you. Use the information to try to negotiate directly with the insurance company for a settlement on the injury claims.

As far as the bike, that's the problem with totaling it -- they just have to pay you the value of it, usually. This is not my area, so again, check with someone local who has knowledge of these things. Loans stink and you rarely recover what you paid on the loan, which is often deemed "your problem" and not relevant to the value of the damaged property.

Good luck. Glad he's at least alive.

 

Thanks for your reply...that's what we need, some extra ears to get some helpful info.

 

Sorry to hear it Pebbles. Afraid there's a good chance the insurance won't cover a new ride. Happened to me three years ago & I'm still without a bike!

 

although i don't like to use an attorney unless absolutely necessary, i think your situation is one where it is absolutely necessary that you visit with a qualified, reputable attorney.

get a lawyer.

 

I agree on at least contacting an attorney. You need someone experienced looking out for your best interests. Also, DO NOT CASH ANYTHING without doing this first. The insurance company could say it's just for the bike and then the fine print says it covers the bike, gear, and injuries. Totally shady but I've seen it happen. Good luck!

 

Insurance companys are nothing less than crooks IMO. Get yourself a good attorney and let them have it with both barrels!

 

Your attorney will help you settle property first. Medical, pain and suffering will follow much much later. Friends of mine were hit almost 3 years ago. They still didn't settle in full yet but the bikes were taken care of within a month. GOOD LUCK!!

 

get a good lawyer and sue the crap out of them

 

A GOOD lawyer?? Well, put in prospective I guess they can be good.. At least they know what all the small print means and can talk to the judge in a language agreeable to both.. All I know is after all the back and forth I was told $1000 and 1 yr of divergents or something like that I and would be back on top.. big smile, slap on the back and bill for knowing what to say..