Lots of good advice here; hope all works out for you. I just had a claim against Farmers and it took 2 months to work out despite the fact their insured accepted liability right away.

Foremost adjusters handled the claim for Farmers. They tried to hand me a load of BS several times but didn't know I've worked in and for the insurance industry for the past 15 years. So, I'd suggest - (1) don't trust what the adjuster says, they out-and-out lied to me more than once (2) do your homework. the internet is an awesome tool (3) don't back down from what you know is right and logical

Civil litigation is based on a lower standard of proof - "Preponderance of the Evidence" - than criminal trials. Basically, it comes down to what and who 12 people believe. Not hard to imagine that you would prevail.

Next - don't ignore making "diminished value" as part of your claim. Basically it says a bike that's been rear-ended (even if repaired) has been in an accident and the fact of the accident, when disclosed at resale, will impact the market value of your bike. In most states, you are entitled to collect those damages.

 

Hopefully there is never a next time, but in case it does happen again... Calmly sit down on the pavement beside your bike, call 911, say you'd just been rear ended at a light. Inform the dispatcher you're having a difficult time breathing and are feeling extremely anious. Sit back and wait for all the pretty lights and sirens to come roaring in your direction. Its just sad that in order to protect yourself we have to result to such things.

You know, thats just like, uh, my opinion man...

 

The little bitch was probably avoiding an asswhooping from dad for not paying attention, or granny told her that she wouldn't get the car anymore.

 

Your insurance will cover it and then go after theirs, fokin' dicks.

Similar **** like that happened to me. I stopped at a light that was yellow and going red because of the traffic on the other side of the intersection turning right. I got rear ended, and the cops showed up and did not ticket the person that rear ended me.
His insurance tried to say or rather imply that it was my fault and that I must have wanted to get hit, if you can believe that ****?

Anyway, my insurance progressive said that they would take care of it and did BTW. Then his insurance company wanted mine to pay for his repairs and filed a court date. My insurance was going to go to court w/me but at the last his company's strong armed tactics didn't work and they backed off and out.

Insurance companies are getting real chicken-**** these days.
They might try pulling the same type of crap on you too.

Just get your bike fixed first off and don't wait on the other person's insurance to do it.
Go through your's.

Keep us posted on this, other's need to know too.
Good luck!!

 

It seems that there is no consequence for lieing in civil claims court anymore. If her story is found to be false, she can just make up another one.

 

I had a guy run into the back of my bike a couple of years ago. I was in traffic and stopped to let someone in. The guy behind me didn't stop and knocked me a good 15 feet. I got the guys phone number.

I was just a mile from the dealer so I got there ok. They pulled my fender out so I could ride home. They also gave me an estimate for the repair.

I called the guy and he sent me a check,got the bike fixed and everything was ok.

Looking back I should of gotten his address, insurance info etc. I was damn lucky he was honest and paid.

 

+1 I would have had the cops there for sure.

 

If the pic in ur signature is u, I hope u didn't get on ur bike that nite. otherwise it is protective custody for u, or not....

 

((((((Gonz))))))))))