When I bought my Ultra from a private party the first thing I did was to run a Carfax to make sure the bike hadn't been wrecked.
Then running the VIN thru HD showed all the service done to the bike so I suspect if there was major repairs it would have showed too.

Me, I wouldn't accept the offer but hey, it's your call.

 

It's called "diminished value". It may tip the math on the bike to totalled. Same states have a law about it, some don't. CA doesn't but I got them to pay it anyway on my truck. Complaining to the state insurance commision or "do I need a lawyer for this" are pretty good negotiation starts.

 

The only way you will have issue with the title is if the INS company totals the bike and you decide to owner retain the salvage and repair on your own. Then the title would most likely be "salvage" or what ever term your state uses.

Diminished value can at times be hard to prove, some states do not recognize DV, some do. Some states require that a loss happen prior to being able to recover. Like you would have to sell the bike and prove that you could not get a "fair market value" for it due to the accident. I would consult someone knowledgeable regarding your states insurance code, to be sure. I would push the DV claim regardless.

New York has VERY specific insurance laws. I would check on a total loss threshold, though I cannot tell you that New York has one, some states like MO have a regulation that once the cost to repair reach 75% of the actual cash value the vehicle is a total loss. Something else worth considering.

 

Another issue is whose insurance is paying. If it is yours you are kind of at their mercy (read the 20 pages of fine print). If it's the other guys, you have more leverage don't have to play as nice. Google "bad faith insurance law" for your state.

 

Update: After a month of back and forth the other party,s insurance decided to repair the bike. Estimate total $13,520 includes new frame, all new painted parts saddle bags,tour pak, fender, fairings, lowers, new handlebars, new front tire. Basically replacing almost everything. The plus = I get to add on stuff for only the cost of parts since the bike is apart, I will be adding mini apes and a few other things. The minus= they refused to pay a diminishing value so my attorney is just gonna add it in to the lawsuit.
Now for the wait 6-8 weeks for the bike to be done.

 

That's pretty much what I told you a month ago. Everyone tries to treat it like a car wreck and it isn't. They don't "fix" anything. It's cheaper and easier to replace anything that's damaged including tins. When I got my bike back it was like getting a brand spanking new bike that was really 5 years old. I see absolutely nothing wrong with getting a used bike with 13.5K of new parts on it. Paint- You know you can get any color your heart desires and it doesn't have to be the original color. Same for graphics and pin striping. If you like some other combo of pin stripes than what it had standard, go ahead and get it. No extra charge.

 

the disclaimer for damage only applies to new vehicle sales here in the states.. if there was $1,999.99 damage done to a new vehicle it's not required to be disclosed.

 

Ditto... Its the mental factor.... I used to sell my cars or trucks if i ever needed a tow...

 

If you have a good lawyer, he should be advising you on this.

 

My cousin had his repaired a few years ago. New frame and tins, etc. They let him have all the old parts except the frame too. Custom paint looks damn good on it. He ended up with many nice shiny parts added.