i was involved in accident on dec.5th this old man pulled out in front of me while coming out of a drive way and he didnt look to see if there. long story short i iam bruised up and my back hurts and my right elbow. my insurance came out they want to repair the front fender. my bike is a 2009 flhx i want a new fender and my insurance wants to repair it i said no. now the other guys insurance came out and they want to repair my front fender. and my inner fairing is peeling from the accident they are going to replace all the other damaged parts cuz the are chrome i want a new fender should i stand my ground or repair the fender. thanks in advance

 

Stand your ground the best you can. If it's worth the fight,you still may not get what you want. If the damage is minimal, good luck on gettin' a replacement.

 

don't know where you live.

look for a lawyer that specializes in motorcycle accidents.

never give in. have it replaced with oem. also request pain and suffering. was the other party given a ticket? or a written reprimand?

i can't stress the motorcycle accident lawyer enough!!

 

i live in california i did think about a lawyer but i though i might be able to settle myself. but it doesnt look like it so i guess i will check with a lawyer should i check with a local lawyer or one of these big dogs like russ brown ,richard m lester any advise would be great thanks guys for all your input greatly appreciated

 

also he was at fault he didnt yield to me

 

I am sorry to hear about your accident, I can only offer what I did when I had my accident.

I called my agent then the Harley Davidson Shop where I have my bike serviced and was asked to have my bike brought there and that way both of them went over my bike with a fine tooth comb and comprised 2 list of the damage to my bike.

Once this was done the Ins. agents boss contacted me as to the total what ins. was going to pay to replace all new parts on my bike.

Sounds to me like you need to speak with who ever your ins. agent answers too in order to get new parts replaced on your bike. That is if you are not going to involve the other person, if the other person was at fault and the law was called and a ticket was issued and someone was at fault then there ins. is who you need to get their attention to this matter. If it were my bike I wouldn't want anything less than new HD parts put back on my bike.

 

I learned a lesson from being in business for myself, the hard way. Whenever there is a disagreement, call my lawyer. The few hundreds that I pay him is worth every cent, and usually saves me thousands of paying or losing to someone else. You have to evaluate cost vs loss, i.e., is it worth paying for legal advice vs what you will save or lose. He has become one of my best friends, and I would much rather pay him than lose to some scumbag who is trying to take me for a ride. A judge once told my attorney friend that he felt good about a judgement when both partys felt they had lost a little; no one gets everything they want in a disagreement. The key is to push as much as you can, and then take the best that you can get. Wisdom is knowing when that occurs. Good luck and fast healing.

 

I would STRONGLY advise against getting an attorney until the last possible minute... especially in a property damage only accident. FYI-- company's are not required by law to replace old with new... the insurance term is "indemnity." Having said that, the replacement part must actually "replace" the damaged part with an equal part. Know that when you hire an attorney, several things happen: 1. the company will no longer talk to you, and 2. you'll give at least 30% of whatever you get to the attorney-- for getting you probably no more than you would have gotten in the first place...

 

well today was better i got the police report and the other guy was at fault. but i was still nervous about this even though i knew in my heart he was at fault. but i also seen the report that he wasnt cited he failed to yeild to me. anyway i did contact the other insurance which is AAA and i did talk with the adjusters boss he assured me my front fender will be replaced not repaired. they are sending me a check for all my riding gear which i never knew they covered that. all in all my bike will be fixed all my riding gear replaced and they want to compensate me for pain and suffering. which is ok by me but i have no idea what they are going to pay me. i think that is the time i may have to get a lawyer cuz i have been disabeled sinse 2004 and i did hurt my back again in the accident will that have a bearing on what they will pay. i also got a concusion messed up my right knee and elbow and my neck i hate going through this crap cuz it takes so long to resolve iam just glad there going to fix the bike. any more advice would sure be nice i have been riding harleys all my life and this is my first accident so i really dont know what to expect. thanks everyone for your advise and concerns hope it all works out.

 

lawyer time.

remember that they will never offer you anywhere near what they know you are deserving or what you could possibly get. the figure is usually a low ball, and they ask you to sign a waiver, usually by signing for the check, that you won't pursue further damages. not always the case, but it may be time to cover your **** a bit now.

good luck.