| Author | Message | ||
     Twolls |
Long story short. On a two lane road, had a harley coming the opposite direction. He was going too fast to make a corner and drifted into my lane. Clipped my right side of my cityx. Both of us went down. I had all my riding gear on. I have multiple scrapes and bruises, and two broken toes. Don't really know how the other guy faired. Overheard the fire department when they were working on me say that: He didn't have any gear on and was in his sixty's. Don't really know how bad the damage is to the bike either. It's been towed to a yard. I have contacted them to give my ok for an adjuster to take a look. As best as that i can remember the bike tumbled behind me. I believe that it contacted the ground on both sides. I had frame pucks and sliders installed. A few questions for the group. 1. His insurance should cover my medical bills? 2. How about all the riding gear and personal effects that got trashed? 3. Bike? Replace or Fix? 4. I have contacted his insurance company. But have been unable to talk to the adjuster assigned to the claim number. I don't want this to drag on. So I am thinking of getting my insurance involved to get this thing on track. I was not found at fault for the accident, so my insurance company should not fault me, nor raise my rates? Thanks for the coming advice. | ||
| Xl1200r |
1. Depends on the state and his policy, I would assume. I would venture to guess "yes" though, and you may have supplemental on your policy to cover anything his doesn't. 2. Again, depends on the policy, but since you're not at fault I would guess 'yes', but you may have to prove that they weren't already damaged before the accident. 3. His insurance is going to decide that. If the bike gets totaled, then you replace. If not, you fix. It's anybody's guess as to how much damage there is at this point. 4. Even if you're not at fault, you rates can go up because statistically you're a higher risk now. I woudln't be surprised if this didn't happen though, especially if it's your first accident. | ||
| Dentguy |
Glad to see you are doing OK. | ||
| Deadduck |
good to see that your okay first off. some years ago my wife and I were rearended at a stop sign. the kids insurance company totaled my bike, but allowed me to keep it without a title for 500 bucks less than their original payout. after fighting with his insurance comp for a month or so, I got them to cover replacement cost for both helmets, leathers, and any aftermarket products on the bike (saddlebags, ect.). Just remember that the insurance companies job is to make EVERYTHING 100% right, especially since it wasn't your fault. Do Not Settle on what they offer you, and if your not sattisfied with what they offer, hire a lawyer to represent your best interests, because they definatly have a team of lawyers looking out for their best interests. Just my 2 cents! God speed on a quick recovery Deadduck | ||
| Punkid8888 |
I would contact your insurance company. Most times they will handle all the leg work on getting the money from the other insurance company. Also if the police cited any type of lane violation on the other guy then he will be found at fault most likely Hope you are doing better. And hopefully your bike faired it well | ||
| Fresnobuell |
Just wanted to share my recent experience with my insurance company--even though it was auto related, it shouldn't be any different for your XB. I was cruising back from South Lake Tahoe in my mint RX-8 and some idiot (and I stress IDIOT) was merrily driving his pickup truck down Highway 50 dropping stones like crazy. All the cars on the highway were scattering from the huge barrage of stones. I have never seen anything like it ever. Sure enough three large chips appeared instantly on my windshield confirming that my car got smoked (along with untold damage on the body.) After backing off with the rest of traffic, I figured WTF--I was nowhere without his license plate and my car was already trashed, so what's a few more stones. Long story short, I caught the offender in short order, scribbled his license plate down and contacted my insurance company with the information. My insurance company did the rest. The most important thing was they contacted the owner of the truck and got him to admit responsibility. I would have been screwed if he was as dishonest as he was stupid that day. He could have denied everything and I wouldn't have had a leg to stand on. Hopefully you have a police report that backs up your story and the other rider is found to be at fault. If not, just hope that he is honest about what happened. Like what the other Badwebbers have stated, if he is at fault in the insurance company's eyes--you are in good shape and your insurance company will handle the legwork. Don't accept anything less than what you think is fair. Good luck. It is always an eye-opener to me when bike accidents happen. Glad you are in relatively good shape and great job having the gear on that day. | ||
| Dwunundabkr |
glad to hear you are ok and glad to hear you were wearing your gear i see it too many times blokes doing the macho thing and looking cool only wearing jeans and t shirt no gloves, a very good mate of mine always rode like this on his mint 748 ducati i always gave him a hard time about this and it finally got to him as about 2 months ago coming over the brow of a small hill a small truck and trailer were turning into a drive way,cut long story short he hit it hard but what saved him was full gear leathers,gloves, boots and a good helmet bike is a rite off just my little rant i hope it all goes well for you | ||
| Bombero |
In my opinion, you should DEFINITELY notify your insurance company. The last thing you need is the other guy, or his insurance company, contacting your insurance before you have. Just let your insurance company know that you were in a wreck, and they will do a lot of work for you. Definitely continue to make a lot of phone calls, get your own copy of the police report, and if there were any witnesses, contact them yourself. Hope you feel better. | ||
| Twolls |
Thanks for all the advice. Doing fairly good today. His insurance company contacted me yesterday. Wants receipts for the items that were damaged. WTHeck? I don't have receipts. So, I'll give a list. See what happens. The bike is still at the towing yard. Supposed to be transported to my dealer in the next day or two for apprasial. | ||
| Fresnobuell |
Receipts? Possibly for your riding gear or other personal items that got damaged in the mishap? I can't imagine what else you could have receipts for. Definitely the next step is getting an adjuster out for damage assessment. Insurance companies have adjusters that will pretty much meet you wherever it is convenient for you, however if the insurance company doesn't have someone qualified to assess damage on a motorcycle, they might possibly defer to the professional opinion of your dealer. Just my guess anyway. | ||
| Perry |
They probably want receipts so that you don't lie about the value of those personal items. I was able to simply provide a link to a site that sold the same item online and they paid me without any receipts. | ||
| Prof_stack |
1. His insurance should cover my medical bills? Yes 2. How about all the riding gear and personal effects that got trashed? Yes 3. Bike? Replace or Fix? That's a hard one. How much damage? Do you want it to be totaled? 4. I have contacted his insurance company. But have been unable to talk to the adjuster assigned to the claim number. I don't want this to drag on. So I am thinking of getting my insurance involved to get this thing on track. I was not found at fault for the accident, so my insurance company should not fault me, nor raise my rates? For my claim, the insurance adjuster for the defendant deferred to my insurance adjuster and the HD/Buell shop which has a good rep for getting it right. But my adjuster and the shop adjuster missed out on some key damage, like the frame and the rear wheel, plus a few other things. It was the Buell tech that really scoured the bike and made it right. So be patient and make sure no one is in a hurry to cut you a check. Keep all receipts and paperwork in an organized fashion. Talk to your adjuster or insurance rep frequently. Good luck. | ||
| Aldaytona |
RULE #1 Contact your/a lawyer! First! Then your insurance company. Always call your lawyer first! | ||
| Slaughter |
I hate to hear any recommendation about contacting attorneys but in this case, it just makes sense. The Insurance company will take every effort to minimize their costs. You could probably use some help. | ||
| Aldaytona |
Your lawyer is the ONLY one who cares that you are looked after financially, not your mommy, not your girl friend, not your best friend, not your wife. Your lawyer gets paid only if you do, and in proportion. My lawyer is first on my speed dialer. | ||
| Mikej |
1. Not necessarily. 2. Start collecting as many receipts as you can find, and start collecting info on replacement values. 3. Have an estimate done at a shop that is cleared/certified/qualified to work on insurance-claim bikes. As to replace or fix? That answer comes after the quotes. 4. Contact your own insurance company along with your own attorney since you have documentable injuries. 4a. Count on it dragging out. Even if you decide to settle quick and cheap his side may come back at you later. 4b. Do not agree to anything or sign anything or accept anything from his insurance company without agreement from your own insurance company and from your own attorney. 4c. Your insurance rates are probably not related to who is at fault and are most likely based at least partly upon the probability of you getting into (another) accident. 4d. If your high-beams were on then his side may try to snake that into an angle. 4e. Assume that someone from the other side will be reading and interpreting anything and everything that you post on this or any other web site. 4f. Do not make any assumptions, contact your own insurance company, contact an attorney to potentially represent you, and stay in contact and follow up with your own doctor for followup care and be sure to tell your doctor about every little ache and pain you are suffering as a result of the accident. I still have residual discomfort around my diaphram/sternum area as a result of my accident, and I still let my doctor know about it, and I've never signed a medical release for the other side due to the nature of their reputation and history relative to claims and settlements and how they dealt with me. 4g. Plan to get another bike if you plan to ride before the case is settled, and assume that someone from the other side is watching you ride it. 4h. I don't recall if you know how the other rider faired, so I don't know if he died or is injured for life or is out riding and bar hopping already, but how he faired will affect how the case goes. I'm just speaking from a personal experience and personal opinion point of view. I'm not an attorney, nor a doctor, nor an insurance agent, I'm just a rider with an opinion and some experience. If I ever get into another wreck I will handle things differently. Some insurance companies are better to deal with than others. Look them up on your State's Insurance Review Board web site if your State has one to see how they rate for claims, complaints, and settlements. And, note, nowhere in this reply did I state or imply for you to try and get the other side for anythying and everything that you can drag out of them, my focus is simply upon personal protection and personal preservation and a fair personal resolution or settlement. | ||
| Hogs |
MikeJ, Sort of Sums that up I Guess...! | ||
| Mikej |
 (sometimes I type too much) | ||
| Prof_stack |
Mikej, can I get a word in here edgewise?  The at-fault driver in my accident has not returned phone calls or letters from his insurance company. I guess he has to admit responsibility for the accident. I was told by his company that they may have to work off of the police report. The report shows him getting cited for failure to yield. Four witnesses are listed. It has been 11 weeks since the accident. I am being patient, and also a physical therapy patient for neck pain. So I'm not in a hurry to get it settled. Just make sure to get it right. | ||
| Starter |
In terms of your gear and personal effects, you'll need to provide reciepts OR get your dealer to appraise those items on current replacement costs. There's a high probability that since your likely dealing with another bike insurer that they will be aware of the surprisingly high replacement cost of motorcycle PPE - unfortunately this was not the case when I got skiddled. Although it is now too late, I would recommend that anyone involved in a motorcycle accident ensure their damaged gear inventory is included on the Police/Ambulance report. Remember it is very hard to get appraisal on gear that was sent to an incineration at the hospital. My biggest issue was getting Ambulance Officers to privide a stat. dec. that the "pants" on their report were is fact a $650 pair of alpine star leathers that were cut-off to check for any bleeding. Insurance Companies are nota charities, and will generally not pay a cent for unsubstantiated items. Good luck, hope that make it "right" for you. | ||
| Twolls |
Okay, the bike has been totaled by the insurance company. What now? 1. Buy it back and fix it? 2. They haven't said what they will pay yet. What can be expected for a 2005 cityx with 13,000 miles? | ||
| Diablobrian |
Whether or not to buy it back depends on a few factors. 1) how bad is the damage? check the area around the head tube carefully! it is designed to break away if hit "properly" 2) how much of a mechanic are you? 3) whether or not your state will issue a "clean" title after a re-build and inspection 4) How much a clean title means to you? If you intend to re-sell down the road it won't be worth as much. 5) How much do you love THIS bike? this is hard to quantify and it is really on you, and whether you want this particular bike back. No logic in this one. Pure emotion. I'm sure that there are other factors, and others will chime in with them. I for one am glad that you are going to not only be okay, but are going to ride again. Too many knuckle under to the "those things are dangerous" crowd after a wreck and give up something they love. Good Job! |
