I was thinking of filing a claim but I only have comp and theft on the bike.... not collision.... The insruance company (progressive said that only damage that would be covererd would be if I fell while riding through sand or etc.....
Ultra, being that this thread has been going for some time now you may have already fianlized your repairs. However, in case you haven't or for those that might be in a similar circumstance in the future and want to file a claim with their insurance company I have done a little research for you. I am in the "claims" business myself and thought that your description of what Progressive told you didn't sound right. The facts as you describe them are not a "Collision" event, it should fall under "Comprehensive" coverage, which you said that you have. So I looked it up and found the following info on their own website:
"Comprehensive and Collision
Comprehensive and Collision coverage pays to repair or replace your motorcycle if it is stolen or damaged in an accident, regardless of who is at fault. For each coverage, you select a deductible that you pay out of pocket. Your insurance company pays for the remaining damage.
With Collision coverage, your insurance company pays for damage to your motorcycle when you collide with another vehicle or object. If you hit a car, a pole or another nonliving object, Collision coverage will apply.
With Comprehensive coverage, your insurance company pays for damage to your motorcycle
caused by an event other than a collision, such as fire, theft or vandalism. If you hit an animal, or if your motorcycle is flooded or stolen, Comprehensive coverage will apply."
You didn't mention if your bike was within your sight at all times while you were sightseeing. But if it wasn't and there were no witnesses to your bike falling over, then it could be inferred that your bike could have been subjected to vandalism. Further, from their definition of Comp coverage I don't think it even needs to be vanadalism for coverage to apply, I think your description of the event would fall under the comp coverage anyway. As I have underlined above, "caused by an event OTHER than collision" I believe that is all that needs to be read to see there is coverage for your loss.
The number one rule is to read your policy and see what the definition for "Comprehensive Coverage" says in the policy. If your policy says essentially the same thing as the definition on their website, then comprehensive coverage would apply IMHO.
If you can get it essentially all repaired for $400 then that's definately the route to take, as you're deductible would come out of your pocket AND most importantly, a claim like this would likely cause your rates to increase.
If you have any questions, feel free to drop me a PM.
FJRBandit
P. S. This is a question that comes up a lot and most of the time people are confused as to what coverages they have and how they apply. Here is a link to an easy to read description of the types of coverages we typically have on our auto and motorcycle policies for those that care to indulge themselves in what I deal with everyday:
https://motorcycle.progressive.com/motorcycle-coverages.aspx
disclaimer -
I am in no way affiliated with Progressive Insurance. I am merely posting this link as it is an easy to read description of available coverages on motorcycle policies.