hang in there.
every time i read through this thread, i say a prayer for you guys.

how is your husband doing?
hope all is getting better.

r

 

Pebbles-- I hope your husband is okay. Forget the bike... you can replace that. People cannot be replaced.

Two areas that you are dealing with:
1. Your bike. Understand that insurance only pays you the FINANCIAL loss that you suffer due to the accident. Did a quick check on ebay. Found an '07 HD RK listed for a BuyItNow of $21,499... You're very close on a settlement for the bike. Ask the adjuster where he got the value. And ask him to find a comparable model close to you for that price. Don't be emotional--be realistic. "Show me the figures..." We all think our bikes (cars, etc) are worth more than reality. You may not like it, but that's real world.

2. Bodily Injury-- Understand that once you get an attorney, they get 30% (or more) of whatever your settlement is... Once you have your medical bills total, a common amount is 2x the total. Until your husband is done with treatment, you don't want to settle. Your insurance will provide limited medical (if you chose that coverage) for the time being...

Contrary to many posts on this topic, insurance companies are not out to screw you. They must, however, guard against paying for more than they should. You shouldn't expect to "make money" off this accident. Understand that many people do...unfortuantely.

JB

 

You should NOT be talking to their insurance company. You should be dealing with your lawyer only. I was hit a few years ago and we sued the ladies insurance for her MAX liability which was $80,000 and then turned around and sued MY insurance for another $60,000 because she did not have enough insurance to even cover my medical bills.

You should be walking away with a new bike, all your bills paid, and then some. If he was hurt, he will be dealing with it his entire life. Get what you're entitled to.

 

1st off ...I am surprised that you don't know all there is to know about what your options are at this point. Have you even spoken to a lawyer? If it transpired as you said it did, it is a classic case and the other insurance company could be sued to pay the maximum amount of coverage that the 'lady at fault' has. If it's not enough to cover the pain and suffering (if your husband is found to have a life long disability) you can take it even further and sue them in civil court.

We had a friend who had this exact thing happen..it took over 5 years but he was awarded the maximum that the person who hit him had coverage for. It's a long drawn out process, but considering most liability coverages are a minimum of a million dollars .. It would cover not only the cost of a new bike, but it would also cover income replacement...and all your legal and medical expenses.

TALK TO A LAWYER ... and start proceedings immediately. You should get more than the loan paid off ... What does that do for you? It gives you a completely paid off pile of junk that can't be used for anything but scrap! THAT doesn't put you back to the point you started. Liability insurance should cover the cost to get you back to where you were 'before' the accident .... to replace your property ... and lost income .. Even some extra for pain and suffering ... If there is a disabilty .. it should cover replacement income for the rest of his life.

Get yourself a lawyer!

 

It depends on the liability limits required in your state. The woman who tried to kill me (100% her fault) had coverage for $50,000 medical and her insurance bought my motorcycle and gear for me (that's separate from the medical) but I owned mine free and clear. Guess what, fusing 3 vertebrae and the recovery, physical therapy etc. cost a whole lot more than that. My insurance policy covers underinsured motorists for another 50,000 but of course I took everyones advice and got an attorney so HE got 1/3 of that 100,000 and my health insurance carrier Blue Cross/Blue Shield, took the rest. I'm out for the co-pays and two years worth of deductibles all told around 15,000 including losing time from work etc... Sue her in civil court? Sure, if she had a pot to **** in maybe that'd be an option. Of course, that would mean more lawyers and I've already paid for his kids college education.. Mine too come to think of it.

"Loss of Consortium?" That's the last thing you need to worry about... Everyone, from the insurance company to your health insurance company to your lawyer will screw you to the best of their ability.

 

DAMN. Let me start by saying thank god he survived.
Now. Sounds like the insurance company is doing what insurance companies do,and screwing the victims.
Get a lawyer and sue to the nines.

 

Unless your assailant has deep pockets or unusually large insurance policy limits, there are no "nines"... even then, if your health insurance provider can they will take that money and you get to give 1/3 to the attorney and 2/3's to Blue Cross Blue Shield or whoever. You don't even always have a right to reimbursement for time off from work, copays, deductible, nothing... The F'ing lawyers will do all right tho' if that's any consolation. Be careful out there.