Unplanned Get Off

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Here are a few more pics. for you guys to see...

IMG_3874.jpg


IMG_9087.jpg


Both braces where the seats lock to are broken the front one is just not broken all the way through like the rear one is...

 
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Wow, what a bummer. Glad you are ok. Good chance the bike is totaled.

So what were the circumstances around this ***** hitting you?

 
So what were the circumstances around this ***** hitting you?
2 lanes were merging into 1 and I was in the one that is suppose to yield to the other. I was yielding to an oncoming car from the other lane and the F150 driver (in my lane) was looking over his shoulder at the merging traffic and not looking in front of him where he should have been (where I was)...

 
Number one thing is never tell them everything is o.k. they will try to get the upper hand and will use every word you say as an opportunity to pay you short. If it is in fact 100% the other drivers fault, then they only are obligated to make you whole on your property loss and possibly pay for and compensate you for injuries.
Which means you shouldn't post comments about your health and medical issues (or lack thereof) on a public forum. Medical issues can change, but a statement on a public forum will hang around forever. You can bet the insurance companies monitor this forum, Facebook, etc., or, at least they will if it comes to lawyers getting involved.

 
Don't forget to have them add "loss of use" damages for every day you do not have the bike (either fixed or replaced). Call around and get a price to rent by the day/week an fjr. They will pay it. But you have to ask for it.

I had one of my bikes rear ended, real light and all they had to do was replace the rear fender. Still in the shop a week. Got $110/day added. It don't matter if you have another bike to ride. And besides, it is none of their business if you do and shouldn't matter anyway.

 
First, glad you're ok Ric. However, you MAY not be ok. You should definitely get checked out by your doc. I'm in the insurance claims biz... this is what I do everyday, handle your type of claim, except the claim didn't get settled without going into litigation. Therefore, I handle complex claims and know what I'm talking about.

First of all, forget the chiropractor and go to your medical doctor, he may need to send you to an ortho to get fully checked out for range of motion etc... the point is, you likely have medical payments (MP) coverage through your insurance and you should take full advantage of it as you paid for it and it's your health we're talking about. Progressive will reimburse you for your out of pocket expenses that are not covered by your health insurance. Make this claim to your carrier, Progressive. This is separate from a personal injury claim that you will make to his insurance company, to be discussed in greater detail below, and should be the only claim you make to Progressive unless 1) the other guy does not have insurance, or 2 ) does not have enough insurance to cover your damages.

Now let's discuss insurance coverage in general. Obviously you have coverage for your bike through Progressive. However, the other guy appears to be "at fault". Therefore, you should be filing a claim with his insurance company, if he has insurance (25% of drivers on the road are uninsured). There will be two separate claims involved, one is for the property damage to your bike and the other is for your personal injuries, which I will discuss in detail below. For now, let's address the damage to your bike, the property damage or "PD". You are entitled to reimbursement for the repairs to the bike, or if totaled (which based on the photos is highly likely) then you will be entitled to the ACV (actual cash value) of the bike. BE PREPARED TO NEGOTIATE! They will likely not come up with a number you agree with. Therefore, do some research and get documentation, cycle trader, KBB, and any other documentation you can to show that the amount they are offering is much lower than what it will take to replace the bike with like kind and mileage. This will happen... Secondly, you are entitled to replacement costs of any damaged gear or farkles. You are not entitled to recover for items that are not damaged. As for loss of use that was discussed above, most companies will not reimburse you for loss of use of a recreational vehicle. It doesn't hurt to claim it, but expect this to be a throw away in your negotiations (you might get lucky and they might pay for loss of use so claim it). You should NOT need a lawyer to negotiate the settlement of your property damage claim. To a degree, this is an objective number and should be treated as such, just don't blindly accept their number without doing your homework.

Now, for the more complex portion of your claim, the bodily injury aspect. As stated above, this is a separate claim, although, you make this claim to his insurance company as well. Although you did not feel hurt the first day you very well could have internal injuries of which you are not aware of, yet. I had a get off three years ago and learned four weeks later I had a herniated disc in my neck. Nine months and three epidurals later, I had a double level cervical fusion (to the tune of about $75K in medical bills. This is why it is important for you to get checked out thoroughly. If you are ok, then great! His insurance company will still likely offer you a little money $500-$1000 for your pain and suffering, inconvenience etc... However, be very cautious about accepting any offers and signing a release until you are 110% satisfied that you are not injured, or are being fully compensated for your loss. However, if the doctor does diagnose an accident related injury, then you will need to complete treatment before even discussing settlement with his insurance company on the bodily injury portion of your claim. This IS something you MIGHT need a lawyer's advice on. In Mississippi, as in most all states with the exception of a few, you have two years from the date of injury to file a personal injury lawsuit. Therefore, I'll say again, DO NOT SIGN A RELEASE unless you are completely satisfied with the offer.

As long as the other guy's insurance is not the company that I work for (which is highly unlikely) I'll be happy to guide you through it, just drop me a PM if you have any questions or need input and further guidance. This goes for any of you guys. I'll be glad to assist you with claims if you need any help in making a claim against an insurance company, as long as it is not the company I work for.

 
Some guy in a Ford F150 Crew Cab decided to run into me last night. I was not hurt except for some minor bruises and scrapes. My FJR on the other hand didn't get so lucky. I have called my insurance and they said it would be middle of next week before I heard anything. I'm just curious of what to expect. Do you guys think it will be totaled??? The frame (or sub frame, not sure) right over the handle you use to lift the bike onto the center stand is broken on both sides. The Aluminum brace that the seats attach to is broken. And all the other obvious damage...

Sorry I couldn't figure out to put the pictures directly in the post...

https://i823.photobucket.com/albums/zz158/rhouse18/IMG_0063.jpg

https://i823.photobucket.com/albums/zz158/rhouse18/IMG_0062.jpg
Hey...I was hit on my Beemer once. I settled with the drunk woman's insurance company. DON'T SAY YOU WEREN'T HURT..AS YOU DON'T KNOW YET. I am not telling you to try to rip off insurance company! Just remember, you can't be sure yet if you have anything lasting. DON'T SIGN a waiver from the pick up's insurance. They may contact you to have you sign. If the guy had insurance, you should get a new bike. I don't ever buy a bike that has been down, as damage, alignment issues, etc..may show up later. I had 4 cracked ribs..hematoma in head...etc. I settled with insurance company...new bike, new riding outfit, new helmet, all medical.....and after 2 1/2 years...personal damages. They paid well, I was quite pleased. I didn't get a lawyer as they take a third of all damages....gear, bike, medical, settlement. I was lucky enough to find a really honest attorney to give me advice about it for no charge.

If you want more info, I would give you my phone number...and tell you my story. They made an original offer for medical and personal damage to me of 10k...but after getting a thorough check for injuries, I got considerably more than that.

 
I handle complex claims and know what I'm talking about.

I "plussed" this post from FJRBandit. It's pure gold. You get a lot of advice in a case like this, and it's all good and appreciated, but when you get something like his, completely "on-the-money" from an expert in the field, read it twice. Or more. There's lots of other good advice in the thread too, one of the beauties of the forum. One part is about how you may feel fine immediately after getting whacked, but often get aches and pains and developing problems for some time after the fact. Don't be too quick to declare yourself completely fit, or to settle with insurance. They love to get a final settlement as quick as possible for this reason.

Wishing you luck with your recovery. AND with your dealings with the insurance.

 
Glad you weren't hurt worse. Were the bags on the bike? If not, you want to sell the right side? :rolleyes: Just thought I'd ask while you were mulling your options. ;)

 
Glad you weren't hurt worse. Were the bags on the bike? If not, you want to sell the right side? :rolleyes: Just thought I'd ask while you were mulling your options. ;)

Thanks... No, the bags were not on the bike... Might be willing to sell. I don't know what the insurance will do yet...

 
i dont know if you want it to be totaled or not. Insurance laws are largely dependent on the state laws. In Texas if you want it to be totalled you say its totalled and it is, this is because they have to fix it back to the way it was. So pretty much, if you got a small scratch they can try to fix it but all you have to say is it doesn't ride the same anymore and they either pay it out or try to fix it again. They might try to refix it and refix it and refix it... That might be a little far fetched and they might make a case out of it but concidering the worth of a motorcycle they would probably just pay it off so they didnt have to pay court costs, aka lawyers. No I am not a lawyer but I am literate.

 
I handle complex claims and know what I'm talking about.

I "plussed" this post from FJRBandit. It's pure gold. You get a lot of advice in a case like this, and it's all good and appreciated, but when you get something like his, completely "on-the-money" from an expert in the field, read it twice. Or more. There's lots of other good advice in the thread too, one of the beauties of the forum. One part is about how you may feel fine immediately after getting whacked, but often get aches and pains and developing problems for some time after the fact. Don't be too quick to declare yourself completely fit, or to settle with insurance. They love to get a final settlement as quick as possible for this reason.

Wishing you luck with your recovery. AND with your dealings with the insurance.
++++1

 
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