I was taken out by a guy that ran a red light Oct 29 and I got a lawyer. The guy that hit me did NOT get a ticket for running the red light but I had 2 witnesses that proved it was his fault in the police report. Just HOPE that he is AT FAULT on the police report, otherwise your screwed. His insurance will not pay anything until they have a police report stating it was his fault. I would take it to the dealer let it sit until you have the report, once you confirm the report THEN file with his insurance. I did this very easy, the hardest part is waiting for the police report.

 

that's good news for you. Hope you get back on your bike soon. Congrats

 

Never consult a bunch of bikers for legal advise, unless at least one of those bikers is an attorney.

 

I am not an attorney in real life but I play one on TV

 

Also to consider is the fact that some insurance companies have agreements with some repair shops to recieve substanial discounts from certain shops on the hourly flat rate ($) and the number of technician hours charged for a given operation and also on the type of parts used (new, used, aftermarket, rebuilt) and the shop parts markup (profit) for said parts. Anyone with more brains than a rock can see who is the winner with these agreements and who is not. FYI: It is also completely illegal for the insurance companies to tell or even suggest where you should get your vehicle fixed. As in, most of our customers go "here" or we've had good luck with this shop. If a company sells the most motorcycle insurance could that be mainly because they have lower premiums? Think.

 

I actually am an attorney.

Since he was ticketed, he was at fault. Thus, fault equals liability......you need to file a claim on his insurance.

The LAW

 

Your insurance company should take care of you to the limits of your coverage. I went down in gravel at the edge of the road avoiding a truck in my lane. He didn't stop. My company promptly paid hospital and drs bills ($5000) and bike repair ($3000) and have promised pain and suffering compensation (two to three times medical costs). So far, so good. It worked the same way when they settled a disputed claim by making the other driver's company pay. He denied fault but I had asked the police to issue a report citing him. That was fun to win. The point is that your insurance company should take care of you one way or the other. Good luck

 

Now...there ya go

 

The way things work now....I guess....as it worked for me. If you talk to his insurance co. They will try to settle as fast as they can, because they know it may cost them more in the long run.

I had a similar thing happen to me, and I missed a couple of days of work. I called his insurance company, she asked...where do you want to take it to get it fixed? How many days did you miss from work? Did you go to the hospital? Which hospital? Can you hold for a moment.....She came back and said we will send you a check for $XXXXX and we will contact the garage of your choice to fix it, and we are contacting the hospital to pay your medical bills. Is that OK with you?

I didnt get hurt...I was just a little stiff I guess...I just wanted my bike fixed. And we closed everything there. I had friends tell me oh you should have asked for more money. I was just happy they paid for everything......I was suprised they gave me as much as they did extra for my pain.

But its good to hear youre OK. GOOD LUCK!

 

Glad everything worked out for you from a legal and financial standpoint.

Just out of curiousity... what kinda gear were you wearing..??


I almost went down Sunday evening coming home from a ride with friends.
After splitting up to head home i had to swerve out of the way of an SUV as it made an unsignaled lane change in front of me to get around the SUV in front of it making a right turn.
Locked up the back brakes. (still afraid to use the fronts for emergency stops)
Swerved off the road to avoid rear-ending them.
Avoided a coupla large, metal road sign poles by a few inches!
Managed to keep the bike upright and straight going through muddy grass.
Dropped down to third and punched it to keep myself balanced/upright.
Rode the bike UP onto the overpass i had just exited.
By the time i doubled back around the SUV was gone... but at that point i was just lucky to be alive and have my bike in one piece.

My 'near miss' definitely makes this thread hit home and makes me take a new found interest in safety gear.