[B_Wayne]

So the new developments...

I went to meet the tow truck this afternoon. We had a fun time getting it on the truck being that the tranny is seized up (or the clutch is broken). Once we finally get it on the truck and get it to the bike shop the first thing out of the service guys mouth is "Damn...that things totalled". Pretty worthwhile thing to say in my opinion. Then comes the salesman...

He asked me if I wanted the bike totalled. I was like hell yeah I do, I want something bigger and faster, but I need the lien paid off on this one first. He notioned for me to come inside. As we walked in he told me that he could make sure my bike is totalled provided I plan on purchasing another bike from that shop (duh). I asked him what he had in my price range and he has two strong candidates.
1)2002 Kawasaki Ninja ZX6R
2)2002 TL1000

Now...I dont know what to do. Of course I am going to get one of the two but I'm leaning on the ZX6R vice the TL because I didnt really enjoy the VTwin as much as my buddy's inline 4 on his GSXR. That and the ZX6R is Black and Yellow with plenty of aftermarket while the TL is blue and white with some aftermarket. So what do I do?

Then onto my next question...has anyone here ever gotten a nominal settlement from a bike accident? I talked with a friend who is dating an insurance adjustor (Not mine sadly) and he had some interesting things to say. He told me to tell them that I had spoken with a lawyer and that my lawyer thinks I am entitled to financial compensation (other than the cost of the bike). He told me to tell them that I was prepared to take them to court if they were not willing to settle, and to make an offer of $10K and then let them talk me down to the $7500 or $5K range. Does any of this make sense to anyone? This is my first accident and I dont know how this whole thing works....any help would be greatly appreciated.

Note: I have been having some pretty nasty headaches since the accident which I plan on going to the doctor for tomorrow. Also my neck which was stiff the whole weekend seems to be loosening up, though its still tight.

Help?!

 

[c50tiger]

As a general rule, I have a sore spot about folks trying to milk an insurance claim. Short and simple, it just drives rates up for everyone. In your particular case, I think you have a valid claim to recover reasonable replacement cost of your bike and your gear. If doing so means stretching the truth a bit and using the threat of a lawsuit to get at least what you're owed, I have no problem with that.

 

[St0nkingByte]

I'd concentrate on getting my claim settled fairly and quickly and look at a new bike after I have the check in hand. The same shop owner who might 'help you' total the bike might also see you as an easy mark to offload another bike he can't get rid of for more money than its worth otherwise.

Generally it isn't good if the person you're nogitiating a deal with knows exactly how much money you have. Also if you're aching from the accident and still upset about it you should take some time off to cool down before you make a purchase. Just my two cents having done the totalled car thing a couple times myself :sad:

 

[pjd]

Let your conscience be your guide. I agree with with c50tiger in that the insurance company has to make things square with you. Replace your bike and gear. If you lost time for work, medical costs, etc that should be covered too. No offense, but 10k sounds a bit outlandish. You walked away from the accident. I understand you are sore, and it's a good idea to go see the doctor. I couldn't see any kind of settlement more than $1500 - $2000 considering you didn't even break a bone.

 

[c50tiger]

I couldn't see any kind of settlement more than $1500 - $2000 considering you didn't even break a bone.

I'm sure he means over the cost of the bike itself....

 

[pjd]

I'm sure he means over the cost of the bike itself....

Yes, over and above the cost of the bike and gear. As in a pain and injury type settlement.

 

[KAOS]

if the bike is 'really totalled' then you will not need that shops 'so called help' to make sure of it. by them seeing your situation(sp?). there trying to take advantage of you.

i personally would not settle for anything i really wasn't looking into in the 1st place. if those 2 bikes were some of your choices to upgrade to. then make sure that the shop doesn't stick it to you ;-) .

 

[B_Wayne]

I appreciate all the help and guidance. I wasnt sure what I was going to do...but I am going to the doctor in the morning about these damn headaches. As far as the compensation, he told me to start at 10 because he knew i wouldnt get it. Its like haggling...start high and then work your way down (the opposite if you were purchasing something). I am still a little grey on what I plan to do. As it is they owe me at least the money it took me to get myself back from Maryland to DC and the lost time at work from today having to spend all day messing with the tow truck. I think my bike is totalled without their "help" so I shouldnt have to buy from them to ensure that. Those two bikes while it seems I'm settling, the only reason I brought them up is because I am legitimately interested in them. If I think they are screwing with me then I'm walking. I'll let everyone know about how everything goes.

Thanks again.

 

[c50tiger]

Certainly want to get those headaches checked out. Could just be the stress of the situation, could be a mild concussion. Good luck on getting everything sorted out, buddy.

 

[B_Wayne]

Appreciate that c50...I just hope everything works itself out. I guess the main thing is that if you've read any considerable amount of my posts then you know my family has had a rough year. I guess this 'compensation' that I was told about really just got my hopes up...I really wanted to be able to send some of that home...its selfish to want to get as much out of the other guys insurance, but at least my motives were pure. I'll make sure its fair thats all...but thanks.

 

[KAOS]

I appreciate all the help and guidance. I wasnt sure what I was going to do...but I am going to the doctor in the morning about these damn headaches. As far as the compensation, he told me to start at 10 because he knew i wouldnt get it. Its like haggling...start high and then work your way down (the opposite if you were purchasing something). I am still a little grey on what I plan to do. As it is they owe me at least the money it took me to get myself back from Maryland to DC and the lost time at work from today having to spend all day messing with the tow truck. I think my bike is totalled without their "help" so I shouldnt have to buy from them to ensure that. Those two bikes while it seems I'm settling, the only reason I brought them up is because I am legitimately interested in them. If I think they are screwing with me then I'm walking. I'll let everyone know about how everything goes.

Thanks again.

sounds good. i hope things work out for you. with your headaches, claims, and finding a bike.

 

[St0nkingByte]

Just remember the insurance company wants to settle as quickly as possible before you find out you have a crushed vertebrae or you remember that your bike was a collector's edition and worth twice as much, etc etc. I'd drag my feet on settling with the insurance, at least a couple days.

 

[jsvickers]

It's fine to settle with the insurance company for the bike and any immediate medical bills. If the insurance company offers less than you think you should be getting, then you need to do some homework and prove that the bike was worth what you are trying to get from them. I'd try to get the full replacement cost of the gear, since you are going to have to buy new gear to replace what you lost. This isn't so much like haggling over a new car or bike as it is coming to an agreement on what it will cost to replace everything you lost and make you whole again. If they are lowballing you, then you need to be able to provide them with proof that their offer is too low. In addition to the value of the bike before the accident, you should be fully reimbursed for any towing, doctor's visits (even if you are just getting checked out and the doctor finds nothing seriously wrong), and anything else that you have no choice but to buy new replacements for.

Don't sign anything that releases them from future medical payments, since you don't know at the moment what, if any, future medical costs you might incur. If they are hard-nosed about getting you to release them, then let them know that you will have to talk to a lawyer. Then go talk to a lawyer.

Finally, don't threaten the insurance company with anything you are not prepared to follow through with. Chances are, they will call your bluff if you threaten to take them to court right off the bat, so I'd just let them know that you're willing to consult a lawyer if you aren't satisfied. Then consult one if you aren't satisfied.

 

[LayinLo]

Settle your claim first then see about a new bike (TL hint....hint).


Hope your headaches go away.