Hi all,
It's been awhile since I last logged on here...life has been demanding, but I have been able to put on 2,000 miles so far this year .
Here's the problem...On March 23, my husband got hit head on while he was sitting at a stop sign while he was on his bike. He was waiting to make a right turn to head east. There was a vehicle heading east that he was waiting for, and a vehicle that was heading west, hurried to make the left turn in front of the vehicle that was heading east-she cut the corner, turning into the left lane and hit my husband head on. She cut the corner so bad, that if my husband had been sitting by the yellow line instead of the far right side of his lane, she would have missed him. The case is cut and dried...totally her fault. The problem we have now is with the insurance companies...
I was just wondering if anyone else on here has had to deal with this. The bike has been declared totalled. Her insurance is willing to pay off the loan, with $1,600.00 left over. The fact of the matter is, is that my husband isn't able to work(injuries) so we don't have his paycheck coming in. My paycheck won't cover the bills, so our credit is going to go bad--so how will we be able to get another bike? The way we're thinking, is that this was not his fault in any way, shape or form. We shouldn't be expected to go out and get another bike with money having to come out of our pocket. We had paid $15,000 on the totalled bike--is it too much to expect to get another bike from the insurance, that has been paid down that much? The insurance company we're dealing with is Nationwide--ours is Farmers Insurance. I tell you what, even if the accident isn't your fault, it's a royal pain in the a$$.

 

Sorry to hear about your husband and hope he is doing ok and going to be alright and best wish's to you two.

As for the money on the bike iam a little confused so far. Are you saying that you have a 2007 Road King that you personally have paid down $15,000 on so you maybe owe say $5000 on it iam guessing here. And the ladies insurance is wanting to give you say that pay off plus $1,600 so say $6,600 bucks for an 07 road king. If so they would be talking to my lawyer and my insurance company.

Doesn't matter what you owe on that bike they like any insurance company need to give you what they are going for on the open market plus your add on's and accessories etc.

And then there is also medical bills, loss wages etc that there insurance company will have to come up with for you and your husband.

let us know more are you going to get a brand new bike i cant say but you should get enough cash from them on your bike to at least get you back to where you were at on the bike you had and or pick up a used 07 with that cash and be ahead compared to where you were.

 

You have GOT to get an attorney.

 

you need to speak directly with a motorcycle accident attorney.
get an attorney that has a lot of experience in dealing with this kind of case.

then take a moment to thank whatever God you believe in that your husband is still with us.

in fact... go hug that guy right now.

good luck, and God bless.

 

I have been told to not deposit any check they give you until the claim is final. Dont sign anything that says they are not liable for future health issues directly related to the crash.

 

Hi, thanks for the reply....the total that was still due on the bike('07 RK Custom) is $19,000. The insurance is willing to pay that off, plus another $1,600 over that. Also, Harley doesn't make a RK Custom anymore, so the bike he had is now unavailable on the market.

 

We did get an attorney, and they're saying that the property loss is up to us, we need to deal with that ourselves, with the insurance company. The attorney is going to go after the pain and suffering, etc.

 

did the attorney, or anyone else explain that most insurance companies have a disclaimer with the check they give you. Prostar is correct, be very careful what you accept, and what you are signing. they try to make you waive your rights to any further damages.

 

Yup this is when an attorney comes in play. Nothing is going to move fast for you unfortunately buy you will need to file a law suit for compensation for pain and suffering as well as lost wages and loss of consortium (his service to you LOL). I worked for a personal injury attorney and even with a good attorney on your side you usually end up wrecking your credit during a time like this. Unfortunately it can take upwards of 2 years to recover what you are owed but you do deserve it. Good Luck!

Jessica

 

I dont know if you should personally be dealing with their insurance. Your insurance should be doing all the work for you. Also you should be paid for lost pay, hospital bills and value of the bike. You may want to check in with a lawyer too.