Just heard from her insurance company adjuster. He is backed up due to the recent snow storms and all the accidents their customers had. He will try to see the bike next week.

I have advised them that I want a new helmet(hit my head on her hood) new fender, new engine guard and 2K diminished value. Vehicles that have Car Fax reports on them particularly sport cars and motorcycles just don't go for book value against a comparable vehicle but no past accidents.

Of course the estimate is written open ended until the dealer takes it apart and inspects everything. The dealer's general manager is doing the diminished value estimate. He has twenty years in appraising collector cars and other vehicles.

I detailed it to showroom as it was thick with mud, slime and salt. Looks showroom new except for the fender.

The driver had not told her carrier and they had to call her after I reported it the following Monday which was to give her time to call them.That was four working days after the accident not counting Sat. and Sun which most carriers can receive internet or phone messages.

 

If you didn't report it ... she would't of

 

Glad to hear you and the Freewheeler are ok. Hopefully they will get you back on the road soon.

 

Got the fender installed and it was a very easy job. The check came to me from the drivers insurance company so all is good. Did the work my self to save the total of 6 hours of labor at $85/hr. Seemed like good pay for me to get and put in my pocket. They also paid for a new engine guard, modular helmet and some pain and suffering also. I was pleased with the settlement. Even got a 20% discount on the fender.

The bike goes out tomorrow and it looks like good weather for the five days.

 

Glad you're OK!

Just curious:

Did the insurance offer you a settlement that included payment pain and suffering?

My insurance wants a lawyer to deal with. And pain and suffering seems to only apply to those seriously injured with life long issues and disfigurement. I feel the other driver in my situation was at fault and ticketed and I'm entitled to pain and suffering, even if it was only 4 months of my life I was laid up and in therapy. 6 Weeks of that was intense pain and suffering!!

I'm still in the process....

 

JohnnyC: I did it my self. I sent them the est. from the dealer with the fender and engine guard work. Then told them I wanted a new helmet and the fee for pain and suffering. Reminded them that their client was bent forward with her head leaned down looking at something. I saw that when she turned into me as she ran the stop sign. I indicated that absent a prompt settlement I was going to turn it over to a law firm and add reduced value compensation for the bike and gave the name and credentials of the person who I had do the reduced value claim.

They knew I was stating exactly what my intentions were and paid off promptly with the most comprehensive waiver that I have ever seen.

A law firm would have gotten twice what I settled for but it could have taken a year or more and of course minus their third. The risk would be the check for repair could have went to the dealer so I would have wound up with less in my pocket than the attorneys could have got.

I had to do it myself as I only carry liability insurance of course they weren't interested in my case.

I have done that for decades and could throw away several vehicles and still be ahead of the game.

 

ih4X4,

Thanks for sharing the details. Seems every case has it's differences.

I paid for uninsured and under-insured motorist coverage and the person that hit me had provided an insurance statement to the police that was fraudulent. My insurance has taken care of everything and been very good about doing so.

When I met with a lawyer just a couple of weeks ago I was very prepared with documents and even a full statement of all information involved. He asked me why I needed his service, indicating I appeared to have a solid case and put it all in order. I told him my insurer was not willing to deal with me, even though they came out and asked what dollar amount I was looking to receive. I told him I'm hiring him for his experience in translating our losses and injuries into a settlement.

I'll be adding further details to an ongoing conversation I started here as things develop.

After An Accident Issues ... Lawsuit / Totaled Bike

 

Looks like you have an interesting road ahead of you, your lawyer should be able to recover damages from your insurance. The down side is they probably will drop your policy once everything is said and done, and prospective insurers will probably charge an arm and a leg for future coverage.

 

I specifically asked if this would alienate them and my Auto Owner's rep came right out and told me "You paid for this coverage and you are entitled to a settlement".

Auto Owners has been extremely good about this accident and Hail Storm damage settlement from a few years ago.

My wife and I are both due economic losses and non-economic (pain and suffering). We'll see what my personal injury lawyer has to say real soon.

 

I've been a believer insurance people talk out of both sides of their mouths. That industry does a whole lot of dirt digging on their clients to come up with rates. I agree your due a settlement, you just also have to be willing to move on and find another insurance carrier and possibly pay higher premiums if things go south.