Totaled My Connie -- What to Expect?

[RapidRoy]

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?

[BrianM]

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. 

[Vic Salisbury]

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

[stevewfl]

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.

[Cholla]

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.

[Miss Silvera]

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....

[Cholla]

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.

[Boxer]

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.

[stevewfl]

OP, what came of this?

[ManWorkinghere]

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.

[stevewfl]

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

[Miss Silvera]

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....


     nothing wrong with making some money on the parts...

[stevewfl]

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....


     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.

[Miss Silvera]

stevewfl,  is that a state law there that if the insurance company totals out the bike/car whatever, that they get posession of it?? 

[Cholla]

"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.

[stevewfl]

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....


     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.

[Cholla]

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.

[soyjim]

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.

[RapidRoy]

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.

[RapidRoy]

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..."