[Anubisss.

Were you able to come out ahead, even with attorney's fees? I sure don't want to end up with a settlement of $30,000.00 only to give the lawyers $10,000.00. Basically netting me the $20,000.00 they offered in the first place. Considering that I have no other options at this point, I guess I will just have to find out. Thanks.

DJK ]

the insurance company will pay for the bike then you sue them for pain and suffering and lost wages ect... i just settled a suit where a girl blew off a stop sign and i t-boned her. totalled bike paid for(2k loss).settlement for WAY more than i lost. GET A LAWYER its strictly business... not personal.you're suing an insurance company that will screw you regardless of how much you've paid them over the years in premiums. GET A LAWYER.

 

Yes I always came out far beyond that amount after paying attorney fees...

 

DJK,
What amount did you insure your bike for? If you insured it as a stock bike, that is all you will get from the insurance. Progressive adds $1,000 to the stock value. You can collect the extra $1,000 if you have proof that you added that amount of extras to your bike.
I pay extra money above the stock policy to get an additional $5,000 in coverage. This still wont cover the cost of what is added to my bike, but I figure it is better than just the stock coverage.
When you state the value of your bike, you can't factor in taxes and fees that the dealership charged which added to the cost.
Tom

 

Tmitchellof,

My coverage was 10/25/50 bodily injury and property damage. Comprehensive/Collision with a $1000 deductable. No PIP protection. I have excellent Aetna coverage through work. No Uninsured/Underinsured coverage. I was a bit unfair in my previous post to Progressive, as they are doing what the law requires, and my contract stated they would do. The guy that pulled out in front of me was a young male, driving someone else's car, who was insured with a company I have never heard of. I'm not real optimistic that his coverage was anything but the state minimum. My rant was just about my loss in general. I realize that Progressive won't reimburse me dollar for dollar what I paid for my bike.

A member on this board stated that I was letting my emotions get in the way. He is absolutely correct. I am taking amore rational approach to this situation, and then let it take it's course. But that's the nice thing about this forum, you get to vent. Rational or not. I remember reading a poston this forumfrom a member who scratched his rear fender while taking off his seat. He was extremely upset, even calling it "surreal', and I remember saying to myself " Man, I know exactly how you feel." So youcan just imagine what it feels like to see your chrome beauty sitting in a pile of twisted metal, while you'retaking meds every 4 hours just to be able to breath. I knowa fewof you have been there. Rational thinking takes a back seat to emotions everytime. Yes, I'm getting a lawyer. After all, it's just business. Thanks for the time.

DJK

 

Be aware of something else. The insurance policy on the vehicle involved is considered primary. It comes first. If someone else other than the owner is driving that car, his carinsurance is considerd secondary (excess) provided he owned an automobile and had a policy on it. What that means is that once the insurance policy on the automobile is exhausted then the drivers insurance policy comes into play and can be used. So, it can sometimes be good that someone else was driving the car besides the owner.

 

Basically each states insurance laws differ. You can't base anything on what others from other states did or got. Find out what the insurance laws are in your state and go from there. If its a no-fault state that pretty means that things are stacked against you in terms of suing, the way I understand insurance due to having a family member who is in the insurance industry. Good luck

 

DJK,

It sounds like you are messed up pretty bad. Hope you heal OK.

It sounds like you are making the right legal moves. It never hurts to get some legal advice. If the storage yard where your bike is being held hostage will let you, you might want to visit your baby, and take off the add-ons that aren't messed up. I think you had a PCIII on it, and some other things. These are hard to get reimbursed for from the insurance companies. Then look at "book value", not "true replacement value". I have saved every receipt, and taken pics of my ride in case that ever happens. I sent a spreadsheet, and copies of the receipts to my insurance company just to be safe.

Good luck, let us know how you are healing.

 

In N.Y., no fault insurance coverage medical expenses & lost wages. It has nothing to do with damage to your bike.If you're hurt you better have major medical because no fault is not available for the operator (passenger only). You've got some good advise as far as thevalue to your bike is concerned. NOTHING is carved in stone.Reasearch the value,call dealers, provideProgressive with any receipts for add ons. In general classified ads/e bayare useless. I can list my bike for 100,000. That doesn't mean it worth it or I will get that.Your state insurance dept can provide you withthe acceptablesources of material to determine the value of your bike.

As far as your injuries. Save all co-pay receipts. Geta copy of yourmedicalrecords from the treating doctors including, x ray film and the radiologiist report. If you decided to go to an attorney it will save you time & money as the attorney will have to obtain the documentation. Document alllost wages (including time lost to visit the doctor)even if you were paid but used sick/vacation time.It's still considered out of pocket andtime you would not have used had the accidentnot occurred. A letter from your employer supporting your lost time will also help.

Lastly, if yougo the attorney route. Don't pick someone by throwing a dart into the yellow pages. If possible get a recommendation. Make certain they specialize in personal injury. If they have a laundry list of areas of practice, keep looking.Interview THEM.Feel comfortablewith them. It could take a couple of years if litigation is involved.

Whapp gave good advise. I'd try to do the above on my own before I got an attorney. See what they're willing to offer you first.

 

I received a card from "The Law Tigers" when I purchased my Harley. The card proudly states "Sharks Who"no wait, it says"Lawyers Who Ride." They say that they only specialize in motorcycle accident cases. I called them last night and they said theywould get back with me sometime this morning. We'll see how that goes. If they are going to take 33% of any settlement, they can get all the documentation themselves. Whapp's advice was indeed sound, but I think the advice of a legal professional is the best route to take at this point. You know what they say, a person acting as his own attorney has a fool for a client. Thanks for the help.

DJK

 

That's the route I would go DJK. Talk to the leagel Beagles first, then decied what route to take.