Kawasaki Concours Forum

The C-14, aka Kawasaki Concours-14, the new one :) => The Bike - C14/GTR 1400 => Topic started by: wroman on July 31, 2013, 11:32:35 AM

Title: My day had unfortunate interruption. NEW INFO
Post by: wroman on July 31, 2013, 11:32:35 AM
  I was on a great two day ride down to Gallipolis, OH and the Point Pleasant, WV area exploring the area. Gallipolis is a wonderful little Ohio river town, really laid back and found a great motel, the William Ann Motel, for $45.00 a night.  Coming back yesterday I pulled off in a parking lot to pull on a long sleeve shirt and while wait for traffic to clear and pull out a guy backed into me and I went down. I was able to ride home five hours but was not the most comfortable ride I had ever had. I do not think I broke anything but feel pretty beat up, going to the the doctor tomorrow.  I have not been down on a bike in 32 years.
  Looks like rt mirror, and both saddlebag lids and main fairing rt side upper and lower panels, and the lower sub swingarm V shaped piece and the cap.  The front muffler end cap also. 
 
**** Is there any thing I should be looking for before the adjustor comes out?
**** Will these pieces normally just get replaced?
**** The persons that hit me was a true gentleman and his ins company has already set up a claims process including medical for me to see the doc tomorrow.

*****Like I said this is all new to me and even my ins co indicated to include missed work and pain and suffering in the claim.  I am NOT the type of person to milk anything like this but plans for a biking vacation a couple of weeks may be off for now.  Has anyone been through this and what is normal to ask for in terms of consequential damages? 
Thanks for any suggestions,
Walt 
Title: Re: My day had unfortunate interruption.
Post by: Conrad on July 31, 2013, 11:39:24 AM
I'm sorry about your misfortune Walt. I hope that everything checks out for you when you see the doc. Be sure to ask him if any of your injuries may have consequences for you in the future and if so be sure to figure this into any claims that you may make.
Title: Re: My day had unfortunate interruption.
Post by: PH14 on July 31, 2013, 11:49:33 AM
Sorry to hear, but I'm glad it wasn't more serious. Keep us posted! As far as things being replaced goes, it all depends on the value of the bike vs the cost of repair/replacement and the insurance company. You don't say what year you have. It sounds like things have progressed positively so far though, good sign.
Title: Re: My day had unfortunate interruption.
Post by: wroman on July 31, 2013, 12:00:46 PM
 The year is a 2012. Just another call from Nationwide and the told me I would be compensated for everything including lost wages and pain and suffering.  I was really suprised to hear them say that.
Title: Re: My day had unfortunate interruption.
Post by: VirginiaJim on July 31, 2013, 12:01:01 PM
Glad you're ok, Walt.  Get that checkup done as soon as possible.
Title: Re: My day had unfortunate interruption.
Post by: VirginiaJim on July 31, 2013, 12:02:08 PM
The year is a 2012. Just another call from Nationwide and the told me I would be compensated for everything including lost wages and pain and suffering.  I was really suprised to hear them say that.

Excellent to hear.
Title: Re: My day had unfortunate interruption.
Post by: Conrad on July 31, 2013, 12:07:23 PM
The year is a 2012. Just another call from Nationwide and the told me I would be compensated for everything including lost wages and pain and suffering.  I was really suprised to hear them say that.

That's nice to hear for a change! Watch them like a hawk though. They are not in business to give away their money.
Title: Re: My day had unfortunate interruption.
Post by: PH14 on July 31, 2013, 07:02:54 PM
The year is a 2012. Just another call from Nationwide and the told me I would be compensated for everything including lost wages and pain and suffering.  I was really suprised to hear them say that.

Great to hear. With a 2012 you should have no big issues. Just be sure to check everything carefully for anything they may miss.
Title: Re: My day had unfortunate interruption.
Post by: clogan on July 31, 2013, 07:21:50 PM
That's nice to hear for a change! Watch them like a hawk though. They are not in business to give away their money.

So true. Three rules of insurance carrier operation:
1. Deny the claim
2. Dispute the amount
3. Delay the payment

Here's hoping you have better days ahead!
Title: Re: My day had unfortunate interruption.
Post by: motocopter on July 31, 2013, 07:56:33 PM
Why not hold off Nationwide and let a dealer do the estimate for bike damages? In your favor, they will look at the bike with prejudice and make your new bike well, still look like new.
Title: Re: My day had unfortunate interruption.
Post by: Z71 on July 31, 2013, 08:25:52 PM
Keep in mind that insurance companies are bending over backwards to please the victim if nothing serious happens so he will not sue them.  Here in Florida there is an army of lawyers advertising their services daily on TV and radio nonstop urging people to call them if they are injured in an accident.  I have never seen anything so shameless.
Title: Re: My day had unfortunate interruption.
Post by: PH14 on July 31, 2013, 08:55:17 PM
I have always had positive experiences with auto insurance. The claims I have had have been paid promptly and fairly. When I claimed on my own insurance after major damage done to my car by a huge chunk of ice from a tractor trailer going the other direction on a turnpike, they found things we didn't and paid for it all. They also have been good if my repairman found things they didn't. They aren't always deny, dispute and delay. They do not go for fraud of course, but if you have a legitimate claim you usually won't have a problem unless you are dealing with a fly by night company.
Title: Re: My day had unfortunate interruption.
Post by: Gsun on August 01, 2013, 10:21:34 PM
Don't settle too quickly. You can have pain show up after they settle and that's what they want you to do - sign on the bottom line, case closed.
Question: How do you damage both saddlebag lids in a right side fall? Did he hit you on the left one?
Title: Re: My day had unfortunate interruption.
Post by: wroman on August 03, 2013, 06:26:07 PM
He hit the left saddlebag at the rear.  I am seeing  a very competent Chiropractor and am left with a cracked rib.  I looking back at the accident my rt foot was trapped between the exhaust and ground and as the bike fell I was slapped down to the ground like a fly swatter. I ride with a full face helmet and the the helmet twisted against my shoulder fast enough to cause my riding glasses to bulls eye at the temples.
Title: Re: My day had unfortunate interruption.
Post by: Cuda on August 04, 2013, 06:03:44 AM
I would see a MD ;)

Many years ago my sister who is a RN was going to a Chiropractor for a pain

turned out it was her Appendix ... it burst .. she almost died , bad infection,  one month in the

Hospital  $$$

Title: Re: My day had unfortunate interruption.
Post by: wroman on August 04, 2013, 10:22:39 AM
  My first stop was at a MD office. He said I was fine just stay active and it will help and wrote me presciptioin for Flexeril that turns me into a zombie for two days.  So before going to bed that night I decided to do some stretches. Long story short I could not get off the living room floor for two hours. That prompted the vist to the Chiropractor.  Soft tissue damage and skeletal pair has no relevance to a MD because there is nothing to cut out or pills that actually do anything that make you feel different. Unfortunately not all chiropractors are the same.  I am familiar with how my spine looks and when he took some pictures my cervical spine had a reverse curvature than normal. 
Title: Re: My day had unfortunate interruption.
Post by: Pokey on August 04, 2013, 04:38:09 PM
All Chiropractors are indeed not the same, but those like mine are worth their weight in platinum.
Title: Re: My day had unfortunate interruption.
Post by: Shoe on August 05, 2013, 12:34:48 PM
wroman,

Sorry to hear of your accident and I hope you get well and are back on the road shortly. Its good that your insurance company is picking up the tab. But what of the driver that caused your pain and suffering? Is the driver gone and forgotten. I would be mad as the proverbial wet hen.  :o
Title: Re: My day had unfortunate interruption.
Post by: wroman on August 05, 2013, 07:28:27 PM
Shoe, the other party is covering the damages. I am in a quandary about how to proceed with an amount for personal injury or what is termed pain and suffering.  I have never been in this situation and close friends say to get a reputable  attorney and let them iron out the details.  I don't want to make bank on bogus or inflated claims but my friends say that the most significant thing is that I am 60 and the other driver has admitted fault. The fact is I have not a clue to what is acceptable.  What i was able to pull up on the internet were fomula's that range from $8550.00 to $30550.00.  That all seems beyond my belief but as I get older I am not a good judge of the price of things.
Title: Re: My day had unfortunate interruption.
Post by: PlaynInPeoria on August 05, 2013, 10:24:24 PM
I have had some claims in the past. I negotiated with the opposing insurance myself,  no lawyer but the injuries were nothing serious, a day's pain, that's it.

I got my truck paid for (had to negotiate a bit on price, not hard). Got all my medical bills paid for.  Got my dirt bike fixed (it was in the back when the truck rolled due to somebody running a stop sign).  I took a nice ride in an ambulance, mandatory in a rollover. My injury was a pretty good laceration to the top of my head when the vehicle rolled, no stitches required, like somebody took a belt sander to my head for about a second.

I cleared $6000 for one day's inconvenience by simply not accepting their first offer. 

Your deal is different. First off, you're a nice guy (I'm not, I enjoy negotiating, I consider buying a car fun, some consider it torture). Insurance companies love nice guys, they're easy to screw over because they don't wanna cause any trouble and want to be fair.  So in my opinion, assuming all is paid for (bike, medical bills, lost wages), your rib feels fine in a while and you have no long term lasting issues and judging by the amount of pain I am reading into your post, getting 5-10k minimum is a walk in the park, a day at the beach. More would not be difficult in the slightest. 

The bike, medical bills and lost wages are a given, know what they are and assume they will be paid. Now it's just pain and suffering.  Consult with a lawyer in advance and see what he says, one of those free consultation things.  If you go it alone, simply don't accept their first offer, it's a lowball deal and they plan to pay more, they're use to people who try to sue them for a million dollars for whiplash etc.  You think you're being a pain to them and you're worried about it, you're not.  Don't take their first offer and when they come back, if it's fair to you and you're comfortable you are or will recover (always a risk there), take the 2nd offer. If not, mention a lawyer. "I was talking to my friend Bob the tax lawyer and he talked to Bill the litigator in his office and he said X is fair and he'd be happy to take the case". Bear in mind, a lawyer takes 33% so their payout goes up a lot.  Lawyers love to be jerks and they know the system. 

Good luck.
Title: Re: My day had unfortunate interruption.
Post by: wroman on August 06, 2013, 04:58:52 PM
Thank you to Peoria for your details I more that appreciate it.   If within that second offer if I have a figure in mind should I not mention it or just leave the  numbers up to them until I suggest an attorney may be needed. I sold high dollar test equipment to the auto service industry so I am well aware of the term 'the first to speak looses.'  When I am ready to settle I assume I contact them and say so and from what I gather let them do the talking.
Title: Re: My day had unfortunate interruption.
Post by: PlaynInPeoria on August 09, 2013, 08:32:17 AM
No problem, glad to help.

BTW (and others can jump in here also), you're not required to talk to them if they call "with just a few quick questions".  It generally does not benefit you to talk to them.  My brother got his old C10 totalled in a similar scenario and got a lot of pressure to settle from the insurance company.  He is like you, a great guy, very easy going and doesn't want to cause trouble or a fuss. I begged him to get a lawyer and it took a long time to convince him. He finally did and ended up coming out ok.  He had to get knee surgery btw.

If you get a lawyer, get some references from satisfied customers. You're not looking for a nice guy, you want a shark that will burn down buildings to stand up for you. I am very skeptical of insurance companies (and HMO's), they're in business to take in money and not pay it out.  Great for them, not good for you in this circumstance. 
Title: Re: My day had unfortunate interruption.
Post by: wroman on October 01, 2013, 05:40:55 PM
  Well I contacted the insurance company and indicated I was willing to settle and they offered $8,300.00 and they pay the doctors.  I said if they wanted to close the case make me a reasonable offer and we could talk.  They came back and indicated I have two years to finalize the claim.  I do not make a huge some of money at this time in my life and I feel they are trying to take advantage of me by dangling a carrot. Truth is The accident has left less able to comfortably ride the bike and I would take a huge hit getting rid of it.  I believe it is time to see an attorney.  I find it hard to believe they would let it get to that.
Title: Re: My day had unfortunate interruption.
Post by: gPink on October 01, 2013, 07:28:39 PM
  .  I find it hard to believe they would let it get to that.
Of course they will. The insurance company is not in the business to pay fair and equitable claims.
Title: Re: My day had unfortunate interruption.
Post by: Barry on October 02, 2013, 04:04:15 PM
Of course they will. The insurance company is not in the business to pay fair and equitable claims.

This... ^^^^^

It is their mission to save their client money, and abuse you in any way possible.  Lawyer up, and charge them for that too.
Title: Re: My day had unfortunate interruption.
Post by: x9rider on October 02, 2013, 05:56:47 PM
  Well I contacted the insurance company and indicated I was willing to settle and they offered $8,300.00 and they pay the doctors.  I said if they wanted to close the case make me a reasonable offer and we could talk.  They came back and indicated I have two years to finalize the claim.  I do not make a huge some of money at this time in my life and I feel they are trying to take advantage of me by dangling a carrot. Truth is The accident has left less able to comfortably ride the bike and I would take a huge hit getting rid of it.  I believe it is time to see an attorney.  I find it hard to believe they would let it get to that.

You definitely need to consult with a lawyer at this point, especially if you have nagging problems physically. Insurance companies are in the business of happily collecting your premiums, but the game all changes when they have to pay out. They are the cheapest sons of B*tches on the planet. They rely on your inexperience with the system to get away from your claim cheaper than they should. Don't trust them.
Title: Re: My day had unfortunate interruption.
Post by: stevewfl on October 02, 2013, 10:32:57 PM
I recently switched 5 bikes to Progressive. Good luck with your case!
Title: Re: My day had unfortunate interruption. NEW INFO
Post by: Awaz on October 03, 2013, 10:20:00 AM
Just for my education, what would be a reasonable offer to OP by the insurance company? If the insurance company was to settle, what amount is considered acceptable taking into account the injuries he posted so far?
Title: Re: My day had unfortunate interruption. NEW INFO
Post by: ropjohns on October 04, 2013, 03:10:54 AM
  I was on a great two day ride down to Gallipolis, OH and the Point Pleasant, WV area exploring the area. Gallipolis is a wonderful little Ohio river town, really laid back and found a great motel, the William Ann Motel, for $45.00 a night.  Coming back yesterday I pulled off in a parking lot to pull on a long sleeve shirt and while wait for traffic to clear and pull out a guy backed into me and I went down. I was able to ride home five hours but was not the most comfortable ride I had ever had. I do not think I broke anything but feel pretty beat up, going to the the doctor tomorrow.  I have not been down on a bike in 32 years.
  Looks like rt mirror, and both saddlebag lids and main fairing rt side upper and lower panels, and the lower sub swingarm V shaped piece and the cap.  The front muffler end cap also. 
 
**** Is there any thing I should be looking for before the adjustor comes out?
**** Will these pieces normally just get replaced?
**** The persons that hit me was a true gentleman and his ins company has already set up a claims process including medical for me to see the doc tomorrow.

*****Like I said this is all new to me and even my ins co indicated to include missed work and pain and suffering in the claim.  I am NOT the type of person to milk anything like this but plans for a biking vacation a couple of weeks may be off for now.  Has anyone been through this and what is normal to ask for in terms of consequential damages? 
Thanks for any suggestions,
Walt

wroman - sorry to read about all these unfortunate events, but i was wondering about the area you were riding in, as i will be doing a long, 8 day trip, all through east coast mountain ranges, and possibly up into wv and ohio if it's worth it (coming from florida).  incredible roads where you were?  hilly, curvy, etc.?  would love to know so i can plan!  Thanks!!
Title: Re: My day had unfortunate interruption.
Post by: PlaynInPeoria on October 04, 2013, 03:11:57 PM
Truth is The accident has left less able to comfortably ride the bike and I would take a huge hit getting rid of it. 

And this is the key bit of info. You have an ongoing injury.  It has hurt you and limited you for an extended period of time and could conceivably leave you with some form of permanent disability.  Talk to a lawyer.  My settlement for 1 day's inconvenience was $6500.  You're x10 that now for pain and suffering alone , in my opinion.  Do NOT talk to them again, talk to a lawyer. Bear in mind, a lawyer takes a chunk for their efforts.

Good luck!
Title: Re: My day had unfortunate interruption. NEW INFO
Post by: VirginiaJim on October 04, 2013, 03:16:12 PM
+1!
Title: Re: My day had unfortunate interruption. NEW INFO
Post by: wroman on October 04, 2013, 08:27:34 PM
I was about 6 miles west of Grafton WV on route 50.  When I was young (a long time ago) these roads were my playground and would often do two day trips from Ohio to Winchester VA and back.  There is a lot more traffic now and a lot of it is overloaded trucks and pickup trucks on a mission. 
Title: Re: My day had unfortunate interruption. NEW INFO
Post by: wroman on October 04, 2013, 08:46:09 PM
  I spent some time consulting with a layer from a pretty strong law firm and it seems there offer of paying all my doctors bills which has not been much considering , paying for 4 to 8 weeks further chiro care and offering me $8350.00 for my pain and suffering is reasonable considering the circumstances. I have missed 2.5 weeks of work.   It seems a few things could have added to my benifit.  I should have gone to the emergency room and racked up and easy $4,000.00 to $5,000.00 with more x-rays and MRI's for the cartilage damage. I could have taken 4-5 weeks off work even though it was probably best to move and work. Then I could have had a better injury case, but that was never my intention.
  They will not budge on that figure.  The welcomed me to seek council if I see fit and I don't know if this is just there poker hand being played but they seem firm.   
Title: Re: My day had unfortunate interruption. NEW INFO
Post by: JoeRau on October 05, 2013, 07:02:50 AM
My wife was rear-ended in a crash 5 years ago.  The other driver's insurance company made an offer of $1000.  In the end after exhausting the $100K in liability coverage from the other driver's policy, and $60K from our Under-insured coverage, she has a spinal fusion in her neck, missed several months of work, and had to find a new position within the company she worked for.  We received very little of the $160K in the settlement.  1/3rd went to the attorney, and we had to pay all the medical care- despite having health insurance coverage.