Kawasaki Concours Forum
Mish mash => Open Forum => Topic started by: RapidRoy on July 29, 2011, 10:21:55 AM
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A lady pulled out in front of me and I clipped her rear end. It knocked me an the bike to the pavement. Luckily, it was at the site of a prior accident and police were already present. She was trying to cross a two lane into an area conned off due to the prior accident and just stopped right in front of me. A pretty lame move on her part. The state emergency response people were already on the scene and one of them told me the troopers gave her a ticket.
The bike's faring is destroyed -- upper, lowers, side cases, right peg, exhaust... My guess is at least $5,000 in parts if you were to buy them new. I'm banged up pretty good and very sore. At any rate, what can I expect from her insurance company (State Farm)? Will they give me a fair value for the bike or try to give me the runaround? kbb value is $2,665 but I've been working on it fore the last 4 months and it is in near perfect condition with 32,000 miles. Will they just make a blue book offer?
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When doesn't an insurance company give you a runaround on payout?
Start collecting "fair market value" data from similar condition craigslist and ebay ads. Prepare to prove the condition of your bike (photos and receipts always work well). Obviously, when you do the work on fair replacement value, you can cherry-pick the auctions/ads to be presented and make your best case.
Don't forget to have your gear covered as well, and negotiate only one item at a time, bike, then gear, then personal injury.
If they start stalling or get unresponsive, before you bother with a lawyer, just state your case/issues in a written letter and send it to both the insurance company and your state insurance commissioner. It's the first step a lawyer will take anyway, and tends to light a big fire under the rear of the insurance company. And don't be too hard on the actual adjuster you deal with, what they offer you comes from above... my dad sold insurance for 35 years and said that he had to go to the insurance commissioner to get his Own company to do the right thing for his clients.
Sorry about the get-off, but the important part... that'd be you, seems still functional.
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There was a thread about totalling of a bike, or any vehicle, but more practical on motorcycles totaled for "cosmetic" damage. I couldn't find it with a quick glance, might have been lost in the data crash.
I hope not to mis speak here, but the gist of the discussion was you pay insurance for YOUR loss, not the insurance companies loss. When (if?) the bike is totaled, it is still your property, there is no "buy back" the bike, salvage titling, etc. It takes some fortitude on your part to stand your ground, don't throw this in their face at the beginning of determining the damage/replacement costs. It makes sense to me, wish I had thought/known of this when my bike was totaled for plastics damage. The insurance company may try to strong arm you, but they still need to pay you for your insured loss, and you still own the motorcycle. A lot of times you stand your ground and document, document, the insurance company will back down. They want a quick, one conversation done deal, make them earn their (your) money, you do not have to accept the first offer especially if you can document difference in value.
HTH
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Her insurance will most likely total the bike if you bumped the front end. They don't want liability for even the remote possibility of frame stress.
And a lot of the time they'll offer you to purchase the bike back for a LOT less than what its still worth.
Good luck with it all.
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You cannot buy what you haven't sold. Insurance covers the loss in the value of the bike NOT the bike. The bike is still yours. They are not buying it when they cut you a check for the loss in value.
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You cannot buy what you haven't sold. Insurance covers the loss in the value of the bike NOT the bike. The bike is still yours. They are not buying it when they cut you a check for the loss in value.
EXACTLY!!!!!! and was said above too in another post...
FIRST....I hope you are going to be OK.......Glad it wasn't more serious but it is serious enough...
IT IS YOUR BIKE>>>>>>>YOUR BIKE no matter what the "loss".......don't let the insurance try and take it.....
they should :
1) Cover your personal injury
2) cover your loss MOTORCYCLE
3) Cover your loss GEAR (helmet, riding clothes, clothing, gloves, boots, packs)
4) Cover your Non-Factory "farkles" ( make a list)
5) Cover your Hospital, doctor, meds, appliances (crutches/braces), and medical supplies
6) Cover your Ambulance ride
7) Cover your Loss of use , loss of income (work)
And.....if this was a blatenly negligent act on the part of the driver .....I would stand VERY firm in your reimbursement(s) and care.
I messed up one time when I was in a rear end collision and settled with the insurance company when I thought I was OK....6 months later the doc told me I had lower back damage probably because of the wreck....
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Silvera...(Whispering)...I was the guy who said that in the other thread....
I was further explaining how it works without having to go back to that thread.
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My sister in-law was a claims adjuster/superintendent with State Farm for 30+ years.
Her advice to me in collecting from State Farm:
Document everything in a folder and make a copy for State Farm.
Every receipt, pictures, substantiating adds for comparable vehicle.
Document, document, document. Show them with documentation
that you know what your talking about. They will low ball you to see
how serious you are but if you educate yourself and the adjuster
with the reality of what it will cost to replace the bike you should do fine.
I've had them pay for 1 totaled car and 2 stolen vehicles and was
happy with the settlement. They covered everything down to the
licensing fees on the lost vehicle.
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OP, what came of this?
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The bike's faring is destroyed -- upper, lowers, side cases, right peg, exhaust...
So sorry to read of the crash. Jumping in to ask I could salvage the locks off your side cases. I broke/weakened my left side one when I went down in a gravel-filled curve last year. Just asking.
My insurance company totaled the bike then dropped me. (Dairyland) Now with AAA.
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So sorry to read of the crash. Jumping in to ask I could salvage the locks off your side cases. I broke/weakened my left side one when I went down in a gravel-filled curve last year. Just asking.
My insurance company totaled the bike then dropped me. (Dairyland) Now with AAA.
^^^^this is why I suggested maybe by the wreck back. Insurance pays dearly and everyone wants to bottom feed the used parts. Its win-win all the way (http://i80.photobucket.com/albums/j180/stevewfl/bigthumb.gif)
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He don't need to BUY it "back", it's his bike...that is what we were saying at the top....the Insurance company pays for your losses, not buying your wreck.....
And there will be a market for the parts that is why the insurance company will try to underhandly try to take the bike so they can sell it for parts to a salvage yard....
Or he can do what he is supposed to do and that is keep HIS bike, have the insurance pay him for his LOSS and he can fix it or salvage it out himself....
;D ;D ;D nothing wrong with making some money on the parts...
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He don't need to BUY it "back", it's his bike...that is what we were saying at the top....the Insurance company pays for your losses, not buying your wreck.....
And there will be a market for the parts that is why the insurance company will try to underhandly try to take the bike so they can sell it for parts to a salvage yard....
Or he can do what he is supposed to do and that is keep HIS bike, have the insurance pay him for his LOSS and he can fix it or salvage it out himself....
;D ;D ;D nothing wrong with making some money on the parts...
here in FL they pay you out (or "settle with you"). Then they give you an option to buy at the salvage rate, which is alot lower than the true value. Everyone I know with the opportunity has bought the wreck heap back and smiled. Apologies if i didn't word it correctly above, my bad.
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stevewfl, is that a state law there that if the insurance company totals out the bike/car whatever, that they get posession of it??
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"Buying the bike back" is a scam so the insurance company pays out less and doesn't deal with a wrecked bike. THE VEHICLE BELONGS TO THE INSURED, not the insurer.
I have gone though this a few times ans retained ownership each time and received full book value for the vehicle. This way there is no salvage title afterwards.
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He don't need to BUY it "back", it's his bike...that is what we were saying at the top....the Insurance company pays for your losses, not buying your wreck.....
And there will be a market for the parts that is why the insurance company will try to underhandly try to take the bike so they can sell it for parts to a salvage yard....
Or he can do what he is supposed to do and that is keep HIS bike, have the insurance pay him for his LOSS and he can fix it or salvage it out himself....
;D ;D ;D nothing wrong with making some money on the parts...
Yes, the insurance transactions I've seen buy the bike and pay owner a settlement and retitile it as "Salvaged". Owner usually gets first dibs at the bike with the salvagaed title. recently a friend did this with a late model GSXR 1000. After his settlement he paid $2600 for the bike back with the salvaged title, and he sold the motor alone for that. Rims and rest of the good parts were gravy.
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And the insurance company laughed all the way to the bank because he "bought" a bike from someone who didn't own it. The insurance company doesn't pay for the bike-they cover the value of the bike. IT IS STILL YOURS.
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http://insurance.illinois.gov/autoinsurance/total_loss_auto.asp (http://insurance.illinois.gov/autoinsurance/total_loss_auto.asp)
found the above site with a yahoo search "Illinois insurance law for totaled vehicles"
The information below about retaining your vehicle is from the site and is apparently how Illinois law works. Your state will have there own rules. The insurance lobby will come up with some arguement for the legislature to do what is best for them.
Retaining Your Totaled Vehicle
In an effort to minimize automobile “chop shop” crime, the Illinois Vehicle Code does not permit you the right to retain the salvage once the insurance company has deemed your automobile a total loss. There are only two instances that you may be able to retain your vehicle: 1) if the vehicle has incurred only hail damage that does not affect the operational safety of the vehicle, or 2) if the vehicle is nine (9) model years of age or older.
___________________________________________________________________________________
Just noticed that this information is for dealing with your own insurance company so if you reseach this for your state make sure it is for how the law pertains to insurance companies of accident victims. it may be different. good luck and let us know how you come out.
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Quick update on the crash, insurance... As for me, healing pretty good, but my ribs and upper back are still problematic, so I'm heading to the doc tomorrow.
As far as insurance, nothing yet. State Farm says the cage driver's story is different from mine, so they have to wait for the police report. Apparently, she said she stopped and someone rear-ended her. Either she is lying or the State Farm adjuster is confused. I'm starting to get irritated with the whole thing. I'm not sure if that's State Farm's goal, but they're doing a pretty good job of it. Going on 10 days and nothing from State Farm.
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I forgot to mention, the State Farm adjuster recommended I get an estimate of damages since they don't do estimates on bikes. The conversation that followed was somewhat comical. Here's the gist of it as best as I can remember:
Me: "What's the point of an estimate?"
Auditor: "So we can determine the cost of repairs."
Me: "I've already done a price check on the parts and, even without labor, they are over the value of the bike -- and that is discount pricing for the parts."
Auditor: "We will still need to get an estimate."
Me: "So, you want me to ask a dealer to write up an estimate knowing there is absolutely no way they will get to sell me the parts or do any of the work to repair the bike because the repairs will exceed the total value of the bike?"
Auditor: "Yes. We don't do repair estimates, so we will need to have someone else do it."
Me: "Okay. I'll see if I can get a dealer interested in this great opportunity. By the way, are you going to pay to have the motorcycle trailered to the dealer."
Auditor: "No. We can't reimburse you until we determine who was at fault."
Me: "Oh, well I guess I'll wait. When do you expect to find out something."
Auditor: "I don't know. I'm not sure when we will get the accident report."
Me: "Sigh..."
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Time to "lawyer up" as they say......
I'm sorry if there are any insurance adjusters that are reading this , but folks....here-in lies the problem of why we have to pay five people to do a on person job.......
No-one wants to take responsibility....
RapidRoy, good luck.....we are all pulling for ya...please keep up-dating... and glad your up and around...hope your doctor visit went well and you keep improving...
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I think you can get a copy of the police report by going into the local police station that wrote the report. It would be good to know what that report says before you push the insurance company. Your case will pretty much hinge on what that says.
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Leave it to the great state (?) Of I'll to prevent you from committing "chop shop crime" but helping the insurance companies and chop shops do it.
Meanwhile the people the legislators say they are protecting get shat on.
Good advice on lawyering up and getting a copy of the report.
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My wife wrecked (Probably, we're waiting for the insurance company to decide if it's totaled or not.) her car this past Thursday. Per Ohio Revised Code (Retrieved from http://codes.ohio.gov/orc/4505 (http://codes.ohio.gov/orc/4505) ) "When an insurance company declares it economically impractical to repair such a motor vehicle and has paid an agreed price for the purchase of the motor vehicle to any insured or claimant owner, the insurance company shall receive the certificate of title..."
In Ohio, the insurance company purchases the vehicle when they pay off. They can sell it to whomever they want, included the former owner. In this case, me. I'm probably going to buy it if the price it right. I need a beater for me 100 mile round trip commute.
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Notice the wording that states "and they are purchasing the vehicle"? They aren't purchasing the vehicle. They are covering the loss of value of the vehicle. An outhouse lawyer can tear that law to pieces.
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It is understandable that you did not learn how to get a copy of the police report at the time of the crash because you were taken away by an ambulance. It is important to know what that says because it will be the first basis to determine who's insurance company pays for the accident. It can be challenged but even your insurance company is unlikely to do that because the legal cost would be expensive.
If the police did determine that the other party was at fault you will recover the value of your bike under the applicable state laws. This is going to be a pretty cut and dried thing. Your getting estimates of the value of the bike will help you get maybe a little more than say kelly blue book price. They should pay for fees associated with getting another bike. Assuming that the other driver is determined to be at fault the most costly thing for that insurance company is likely to be your medical bills. Your own health insurance company will have an interest in seeing to it that the other drivers insurance pays your medical bills. I would suggest you talk to them about how to get the other party's insurance company to pay for your needs. This information will be somwhat applicable to the property portion of your settlement. They might also have some advice on whether your injuries are serious enough for it to be worthwhile for you to obtain an attorney. Lawyers will not take you case out of the goodness of their heart. They will take a portion of the insurance companies pay out.
We all Know that c10 are more valuable to us than what they can be sold for. You have some rights to getting more for your vehicle because the insurance company is somewhat obligated to replace your vehicle with a similar vehicle. This will be a negotiated process. When compared to the medical costs involved it is likely in this case the insurance company will likely want to keep you happy so that they can close the case on the medical portion. If the other person's insurance company does agree that they have an obligation to pay, the property portion of the settlement is likely going to come out ok for you. It is on the medical pain and inconvience portion of the settlement where you most likely to have significantly large differences where a lawyer would be worthwhile for you to obtain.
For getting estimates on the bike repair you might take pictures of the bike to repair shops and they can give you something that will satisfy the insurance companies needs.
An unrecoveabe inconvience of an accident is that you have to deal with insurance companies that have rules that you have to comply with. Ultimately they have laws that they must comply with and they are going to have a lot of experience in complying with them. You can only get the legal advice that is worth what you pay for it. If you think you are being treated unfairly, it has been suggested that you contact your states insurance regulators.
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Now 2 weeks into this and still very little from State Farm. I called Monday and was told by the adjuster that they would accept liability. It sounded as if he had just gotten the report and was looking at it for the first time--saying something about it all starting to make sense.
What is strange is that now he says they will have somebody come take a look at the bike. Alas, no calls from someone who will look at the bike to determine the payout. Prime riding weather is escaping. Sorry State Farm, you're moving too slow for me. I think I'll call tomorrow and see what the story is going to be now.
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Now just over 3 weeks into this and still no joy. An adjuster finally came to look at the bike last Sunday, but no response all week. Meanwhile, days are getting shorter and riding will be coming to an end in about 6 to 8 weeks. I really find it hard to understand why these companies aren't more responsive. Now that I've seen State Farm's customer service up close and personal, I would never consider buying insurance from them--way too slow and unresponsive. They are really starting to tick me off, to the point of starting to research small claims court.
As far as me, all the soft tissue damage is pretty much healed. I still have a cracked rib(s) which hurt, especially when I sneeze. My upper back still remains jacked up a bit. It doesn't hurt, but feels different to the point of making me wonder if something will come up in a month or two. Best leave the medical open to make sure I don't get stuck with some upper back problem.
I'll keep updating the saga until it is resolved.
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Too slow, draft up a letter stating the case and mail it off to your state insurance commissioner and CC it to State Farm (I usually like to blanket the problem company with these letters, always picking the top-tier management, board members, etc... just to make sure that Lots of people who can make things happen know there's a problem)
It'll cost you a couple hours of time and under $5 in postage (ohh, looks like you can do some of it online).
http://www.insurance.wa.gov/about/contact.shtml (http://www.insurance.wa.gov/about/contact.shtml)
Sorry to hear you're dealing with this still, I had hoped for the best with a fast resolution for you. Still do actually.
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Called State Farm this morning for another update. Woman who answered said the claim was now in the hands of the total loss dept. and transferred me to another woman. She indicated that she had just gotten the file on Friday. It is now 8 days after an adjuster looked at the bike and the total loss people still haven't looked at my file. Of course I express my dissatisfaction/extreme irritation with the amount of time it takes State Farm to get something done. She indicates they will get right on it and call me back before close of business.
She calls back and tells me they couldn't find comparable values in my area so they asked a couple of dealers what they would sell a 99' for. The dealers said $2,400 in average, so that was here offer. Again, I expressed my dissatisfaction at that. I paid $3,000 for a bike in good shape and put another $400 into it making it as close to perfect as I could get it. What about my time?
I was steamed to say the least. So I asked her, where I could get one in very very good shape for that money? She told me if I had a different opinion about the value then I could document what I thought it was worth and prove to them they were wrong in their assessment. I told her what I thought about them telling me I had to do all the work or accept their crummy offer. State Farm is not a company I will ever do business with. >:(
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Being that you are a "member" here on this forum and that this is a forum for the C-1000 and the C 1400, I would dare say there is a board of qualified EXPERTS HERE that can offer you an unbiased estimate on your bike. Plust the cost of farkles, labor and the cost of the mods to make the bike right.
Plus you would be getting estimates from all over the country.
Right off, the condition of your 99 with the mods and farkles you have lost I believe would be in the 3500 to 3600 dollar range. (my unbiased estimate)
Insurance companies are in business to make money as you know so they are going to low ball you over and over, set your recovery price and DO NOT GIVE IN!!!!!!! Not one damn red cent!
PLUS start talking to them about pain and suffering, and medical costs you have and are gonna have...that should loosen them up a bit...
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Miss Silvera,
Great idea. What is it worth? A 1999 in excellent shape with 32,000 miles. All, and I mean all, maintenance that needed to be done was just done within the last month or 2 (brake fluid, radiator flush, oil filter, front bearing checked, rear gear oil...). The only fluid not replaced was the clutch because I had just stripped the screw head off and so put that off a bit. Had a rifle windshield, stick coils added. Brand new front tire, good rubber on the rear tire. Oh yes, heated grips.
I just sent a message telling them that if they want me to do a bunch of work proving to them what it is worth, I'd much rather do that before a neutral party like a judge.
I still find it hard to believe they treat people like this. Delay then low-ball.
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If you can document that you paid $3000 relatively recently for the bike that is a good place to start in showing what the fair market value of the bike was when you bought it. It sounds like some of the items you put into the bike were upgrades and some were maintenance. If you can get them to agree that 3200 is a fair value for the bike then add sales tax and registration and that will get you to over $3500. That is one example of reasonably presenting to them that you should get more than what they are offering.
You need to decide what you think is a fair value. Then like you are doing with us present a reasonable explanation of what you think it is worth to the insurance company. In my opinion as long as you can come up with some reasonable explanation of it, you might get the insurance company to pay as much as $4200 for a 1999 concours in really good shape. Realistically my opinon, based on what I know now, $3500 would be the best you will get. Just present what you think you should get. They will probably say they will have to get back to you. You really don't want to go the hassle and time of getting a court involved in settling this, if you don't have any serious long term injuries.
I understand that this a real pain. On the bike portion of the accident, which you would like to get settled pretty quickly, were arguing at most less than 2000 dollars. If you have any lingering medical issues that could cost you many thousands of dollars if you settle too quickly. It is easy for me to say, I have a running bike, don't close this out too quickly. If you have a transportation hardship because you don't have your bike you might be able to get a rental car paid by the insurance company. You will have to explain to them why you need a rental vehicle now.
What do you think the insurance company should pay out for the bike? In dealing with the insurance company stress that this is a low milage bike that is current on all its maintenance needs like you have presented to us. Do you know if the laws of your state let you keep the bike? I would try to find that out.
The insurance company wants to get the whole accident cleared up at once. You want to get the peices of the damages paid out as quickly as possible. I sympathise for you. That and about 5 bucks will get you a cup of coffee at starbucks. Hope you are well and you get what you want for the bike.
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I don't really think that telling them that you changed all the fluids and put on a new tire is going to mean a tinkers damn to them as that is normal wear and tear items. The condition of the bike before the accident and any modifications should mean something as long as you can document the costs (like heated grips and stick coils). The only other thing that would probably add to cost is if you had other things on the bike at the time like a GPS or a stereo.
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Timsatx,
I suppose you're right about the maintenance items, but I look at it a differently. If I spend $35 for an oil change, then I expect that to be amortized over the next 4,000 miles ($0.0875 per mile). When their driver caused the crash, they took that property from me (fresh oil and filter). I look at the tires and other maintenance items all the same way. I believe a vehicle that is completely up-to-date with maintenance and has had all wear items recently replaced is worth more than the equivalent vehicle without up-to-date maintenance and wear items.
I guess I really don't care what the insurance company thinks. I'm going to ask for what I think is fair. If they don't pay it, then I will take their driver to small claims court and plead my case before a judge. I'll be sure to also tell the other driver that State Farm chose to put her in this position because they feel it is okay to take advantage of people.
I decided today that I will simply tell them what I want. They can choose to pay or not. More than likely, they will ask me to prove that value by spending a bunch of time documenting it. My response will simply be, that fair valuation is supposed to be their job. Furthermore, if you are going to make me go to the time and trouble to develop a case, then I would much rather argue it before somebody who is neutral, like a judge. Based on my experience thus far, I have no expectation of getting a fair hearing from State Farm.
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Epic saga continues. I got a call back from a claims adjuster 4 weeks, to the day, after the accident. I did exactly what I said I was going to do in the last post. That is, I told State Farm what I wanted, they said, "No. If you think it's worth more then you'll have to prove it." I said, "No. I don't have to prove anything to you guys. Even if I did go to that trouble with you, I have no expectation based on your behavior so far that I will get a fair hearing anyway. I think I will just short cut a whole bunch of frustration with State Farm and go directly to small claims court to get a fair hearing." Their response was, "That is certainly your right."
Apparently, they could care less about having their customer served with a summons to appear in court. Next update will be what happens after I file a claim against the State Farm's driver. Actually, I think I'll let her know I'm going to file a claim first, just to see what happens -- I have all her information because the accident report was done at the scene by the police.
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You're right, State Farm (and ANY insurance company) doesn't care one iota about a customer of theirs being sued. It's not a threat to them and has only one motivation for them to STOP working with you.
On the other hand, if you had bothered to threaten State Farm with a complaint to the Insurance Commissioner, that would have been motivation to get you satisfied, quickly. They stand to lose a LOT more money than the piddly little payout to you if they can't satisfy you and you press the Commissioner. IMHO, you've just turned something that should have been completed in the 4 weeks you've already spent into something that's going to be drawn out over 3 months (till a court date) and probably a year+ before you get less money than what State Farm most likely would have paid.
Anyway, have fun in court. And have even More fun try to collect whatever judgement is made, bet that won't take any work on your part at all.... ::)
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Big mistake to go to court for property damage only. If you have physical injuries they are not taking care of, get a lawyer. This will not be easily or quickly be settled in court. you did not tell us how much money is involved. If you want to be dealing with this for a long time go ahead and take it to the courts. the court will tell you that you have an obligation to negotiate with the insurance company to get a reasonable settlement. Provide them and the Insurance commisioner with a written estimate of what you think the bike is worth. If you are asking more than Kelly blue book make sure you indicate why that should be. Probable due to condition and mileage.
The insurance commissioner is the way to go first. He is your first impartial agent to see that the insurance settlement is fair. You are the one that has broken off the negotiation and the court will not look favorably on that. The insurance commissioner is the first place to go to for a better result. It is his job to get insurance companies to deal fairly with claimants. It does not sound like there has been anything in writing yet that a court can look at.
Have you been able to find out if the laws of your state let you keep a totaled vehicle? That is important!
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Beyond what I mentioned about standard maintenance , which I don't believe will mean anything to them, have you asked dealers what a '99 would go for in great shape? You mentioned that they said the average but if yours was above average and can document it then that might hold some sway. Also anything that you added to it as farkles that was damaged, if you can document that then I would think you could also be compensated for that loss.
What you paid for it also will not mean much, if anything, to them. They are only looking at what they believe the value of the bike to be. If you paid more for the bike than it was worth (and I am not saying you did) it isn't up to them to cover that cost. You will have to prove to them that it is worth more than they say. They have already come up with what they believe to be fair valuation of the bike, now you have to show them that it is worth more. It is not up to them to prove to you that your bike is worth what you think it is.
Good luck going to court. I don't think it will help but I would be happy to be proven wrong. That documentation that you think they need to have to show that your bike is worth more will have to be brought by you to court. They will simply tell the judge what they have established as a good value of the bike.
<edit> In my neck of the woods the bike is worth ~$2,615. I am sure the value is more where you are at, just saying that from my point of view what they are offering is about right unless you prove the cost of the items I mentioned earlier.
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Finally had a resolution to this, so I thought I would post how it turned out. Before that, however, I should relate what I think about how to approach an insurance claim and my experience with State Farm Insurance.
State Farm was painful to deal with. Initially (right after the accident) I was proactive and tried to do everything I could to move things forward. When I would call, they acted like they had never seen my file or would need to open up the file to see where things stood. In each case, I had to poke them to move forward. This very quickly made things worse as I felt like they were unresponsive.
When they finally did get around to making me an offer for my bike, they used an outside firm who called two dealers, one in Spokane and one in the Tri-Cities Washington. They gave them a price for an “Average” bike of the same year (1999) and mileage (~30K). I had argued all along my bike was not average but rather near perfect with some upgrades. They ignored that and said prove it.
At this point my response to their unresponsiveness and their “I will tell you how it is going to be.” attitude was to lose my temper. Big mistake, as some of the forum members have said—especially since we were only about $600 apart.
I told them I did not have to live with their rules, I could take their insured to court and that was my intention. They said fine, that’s your option. Frankly, I was astounded that they would put their customer through that for $600. My logic here, as stated earlier was that if I had to prove something, why wouldn’t I do it to an unbiased judge rather than State Farm, who was clearly biased.
This really is flawed logic for at least two reasons. First, taking things to court is far more work and will require far more documentation and proof. Second, why put the other driver through that if it isn’t necessary. Sure, they were responsible, but they didn’t do it on purpose.
FYI, I was working with a particular adjuster at this point who I felt was condescending. I never talked with this adjuster again and began to interact with a different adjuster. Perhaps they have a strategy of switching when they get nowhere with someone. Whatever the case, the second adjuster was much better to work with.
At that point, I just spent the winter cooling off (in more ways than one). I couldn’t ride and needed to shop for another bike. Would have been nice to have the money but I could live without it for the time being. They didn’t call me and I didn’t call them for months.
I finally sent them an email saying I would like to get the issue resolved. It took them two weeks to call me back. When they did, the claims adjuster left a message. I called him back within a couple of days and had to leave him a message again. It took him another 10+ days to get back to me and leave another message. By now you are getting the picture here – State Farm is slooooooooow to respond! We went round and round for another couple of weeks and finally connected.
Bottom line, the adjuster said they had their appraisal and could not just give me more money unless I were to show them why. In fairness, the original adjuster did communicate the same thing, just with a more condescending and “this is how it’s going to be” tone. Bottom line, I sent them some Craig’s List ads, they adjusted the price to above what I was asking for and settled.
State Farm was true to the end. After we agreed on the phone, the adjuster indicated that he would send a message to let me know where to pickup the check. He didn’t. I had to call around and find a local agent that could tell me the day I was supposed to settle. When I got to their office, the receptionist was on the phone…and on the phone…and on the phone. This probably when on for 15 minutes with me pacing around before she finally got off and asked me what I needed. All I can say is WOW! How these people stay in business is beyond me. The local agents must have to compensate and shield their customers from this or they wouldn’t have any customers at all.
My advice to those of you unfortunate enough to go through this is to:
1) Stay calm, even if you are mad as a hornet. As prior posters have said, getting mad didn’t accomplish a thing.
2) Document things well. Craig’s list saved me here. I started capturing ad images right after the accident that showed people asking far more than State Farm’s low-ball offer.
3) Complain early and often to everyone who will listen (state insurance commission, adjusters…). I am not sure how much this helps, but it can’t hurt.
4) Never consider buying State Farm insurance.
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Wow, seems complicated. I had a vehicle that was totaled by another driver who ran a red light a few years ago. I contacted my insurance (Geico) and gave them the info from the other driver (USAA). Geico came out and we went over the damage and values. Geico cut me a check for the agreed value and then went after the other insurance company themselves. I didn't have to do a thing but deposit the check.
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Just ask Katrina people about State Farm.