Pat Riot Posted July 27, 2017 Author Share Posted July 27, 2017 Boy I am really looking forward to all of this being over. It's bad enough that I am all banged up and dealing with that but now "the dance" begins with the insurance company. Basically the return I will get for the bike covers what I owe on it. So, not only am I all stoved up because some dipstick needs a clue but wouldn't know what to do with it if he had one, but I "roll", not walk away without a bike. Hell, the way this is going they will probably blame the accident on me too. I actually though about calling a lawyer this morning but then I remembered all the BS we went through years ago when a moron delivery driver rear-ended my wife. It took over a year to get anything settled and once settled wasn't worth the hassle. So, I am just going to worry about getting healed up and move on from that. Bottles, a round for the house on me! Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted July 27, 2017 Share Posted July 27, 2017 Get a lawyer, and then see what the guys driving history is like. In CA, you ask for an H-6 driver's history report, which goes back 10 years and shows 100% of the driver's history during that time. Talk to an officer, and see what it takes to have an this older driver re-tested for his DL. Look at for sale ads to see what your bike is going for today. Then confront your insurance guy. Remember-Your insurance contact is NOT your friend in any way! Do you have a police report, in hand of this crash? If 'no', get one ASAP. No slack'n now------ OLG Link to comment Share on other sites More sharing options...
Pat Riot Posted July 27, 2017 Author Share Posted July 27, 2017 19 minutes ago, The Original Lumpy Gritz said: Get a lawyer, and then see what the guys driving history is like. In CA, you ask for an H-6 driver's history report, which goes back 10 years and shows 100% of the driver's history during that time. Talk to an officer, and see what it takes to have an this older driver re-tested for his DL. Look at for sale ads to see what your bike is going for today. Then confront your insurance guy. Remember-Your insurance contact is NOT your friend in any way! Do you have a police report, in hand of this crash? If 'no', get one ASAP. No slack'n now------ OLG I am honestly not sure if it's worth getting a lawyer at this point. A lot depends on the final police report, which may be submitted today. It sounds to me like the other guy will be at fault. If so the insurance will go after him for some costs. Trouble is, he has the same insurance company so I really don't think they care who pays more at this point. Just checked my account for the bike and I owe more than the payout. The number they assessed for the bike is fair. I have no real qualms with it. My wife reminded me that we did hear from the insurance rep that they are requesting the other guy get a "cognitive driving test". I hope that they do this. Oregon is a lot like CA so if I did sue "they" would take into account the insurance, that I have sick leave and that in the end all my bills will be paid so a jury would have to determine monetary payouts for "pain and suffering" but none of this would matter if "they" determine that I was at fault, even if I am not. I will hold off and weigh my options when the final police report is done. I guess they needed my Accident Report to finalize things. I submitted it Tuesday to the DMV. Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted July 27, 2017 Share Posted July 27, 2017 With some bull-headed determination on your part, along with research. You may well do fine without a 'mouthpiece'. Insurance companies love to drag their feet and lowball. Don't fall for it....BTDT What do you see your bike selling for today, compared to what the insur will pay you? OH-BTW, do expect your premiums to increase in steps, if you are not cancelled altogether. This is how they 'play'. OLG Link to comment Share on other sites More sharing options...
Pat Riot Posted July 27, 2017 Author Share Posted July 27, 2017 I went through the listings on Cycle Trader for my bike and the prices are comparable to what they are saying it''s worth. Though, I just did a NADA estimate...they are low-balling me. Yes, their price is fair if the bike was taken care of by your average bike rider. But my bike was pristine and should fetch more money. So, I just emailed that to the insurance. I know they will come back with a number that is halfway between the 2 but that remains to be seen. Link to comment Share on other sites More sharing options...
J. Mark Flint #31954 LIFE Posted July 27, 2017 Share Posted July 27, 2017 Get a lawyer. Get a lawyer. Get a lawyer. They work on contingency fees. If you succeed it will be worth while, if not, you will have no regrets. Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted July 27, 2017 Share Posted July 27, 2017 PR-Send in Pics of your bike to substantiate you claim of it's condition. This lo-ball crap is a game they love to play. You, must play it WELL! OLG Link to comment Share on other sites More sharing options...
Michigan Slim Posted July 31, 2017 Share Posted July 31, 2017 On 7/26/2017 at 0:52 PM, Pat Riot, SASS #13748 said: Slim, Tell him I said "Hello". Also tell him that had I been wearing 1 of my 2 motorcycle jackets with foam / synthetic armor protection I may not have had as many upper body bone injuries. I am pretty sure there would have been some broken ribs but maybe not as many. I may of had the fractured shoulder blade and the road rash, bruising and welts (I have no idea how I got these on my sides). Had I not been wearing steel toed boots I probably wouldn't have crushed the metatarsal bones in my right foot. If I would have had motorcycles pants with armor at the knees I may not have had the bruising and road rash. Also, if my bike had ABS braking I may have been able to maneuver without fear of flipping the bike when the rear end had slid around to the left and I could not straighten it out to keep from hitting the car. Now, the above is all "what ifs" or "maybes" but just tell him that if he gets an urge or an inkling to wear a certain helmet or jacket or whatever but opts not to because it's hot or a bit more restrictive tell him to go with the safer decision that way those "what ifs" are covered later on. I actualy had my motorcycle jacket on and switched to my Wrangler blue denim jacket before I left the house that morning. That motorcycle jacket has elbow, shoulder and spine padding as well as collar bone padding. Best Regards to your son, Pat Will do! Luckily, he was wearing all his gear. Armored pants, jacket, helmet, gloves even though it was 90 out that night. I sure ate my words on that one. I had gave him a funny look when I saw how much a young EMT was spending on gear. Then it gave us our boy back. When he gets home next I will have him read your post. Thinking of you and yours, Pat. Day at a time. Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted July 31, 2017 Share Posted July 31, 2017 Did this thread disappear for a while...? Okay, I'll keep this short: Twice I've had automobiles totaled. Once (Ford Fiesta Sport) parked in front of my house, a second (VW Jetta) I was stopped at a red light on a "split" road, and was rear-ended by a Honda Accord traveling an estimated 35 - 40 mph. Both times, I did an appraisal: prepared a collection of legitimate advertisements for similar models, included + - adjustments for variances in mileage, condition, and accessories. Both times the insurance company offered me a less-than-adequate (below low "blue book") settlement. Both times I countered by presenting my appraisal summary, with the statement that "this is what it will cost to replace with a like vehicle. You will have to settle for this amount or go out and find me a like replacement yourself." Both times I prevailed, with a settlement somewhat above "high blue book." Link to comment Share on other sites More sharing options...
Pat Riot Posted August 1, 2017 Author Share Posted August 1, 2017 Hi Hardpan, I was just letting the thread die... Thanks for your info. I did dispute their assessment by finding other bikes for sale for higher prices and to their credit they are reevaluating what their adjuster recommended. It's not that it will be a lot of money so much as it is the principle of the thing. I have to run. Be back later Link to comment Share on other sites More sharing options...
Pat Riot Posted August 1, 2017 Author Share Posted August 1, 2017 I had to run earlier so I could ride to the airport and see my daughter off. Now I'm bummed she's gone. I contacted the Deputy that made the initial accident report to see if I could get the final one. I wanted to find out who they listed as the one at fault in the crash. He told me that the police would not be making that call and that it would be up to the insurance. If I am to blame and I do not see how, my coverage does not cover my medical. My health insurance would have to cover my issues. Which I am sure they wouldn't be too happy about. If the other man is to blame, and it sounds like that is how things are going but I will not hold my breath, his insurance would cover my medical bills. Here is the rub. We are both insured by the same company. SO, if I were them and I were unscrupulous, I would blame me and then they wouldn't have to pay any of my medical bills. A lot hinges on their final determination. Regarding my bike; I still owe $6500 on it. They wanted to give me $6000. The bike would have been worth $7400 if I had sold it before the wreck. I adamantly told them I would not accept their Adjuster's determination. They forwarded all my info to a higher up to determine if they would go higher. We'll see. I am trying not to let this get on my nerves. Link to comment Share on other sites More sharing options...
Whiskey Business Posted August 1, 2017 Share Posted August 1, 2017 The insurance co is determining fault, not the police! Not to beat a dead horse, oh well yes let's beat a dead horse. Lawyer up. Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted August 1, 2017 Share Posted August 1, 2017 Good on ya, Pat! Stick to your guns! And show no weakness. Brings back a memory... the Jetta was struck hard. So hard it knocked the vehicle over a concrete curb, into the side of a tree-trimming rig hard enough to break the grinder trailer loose from the truck, ricochet me back across the curb... driver's seat snapped off, with me bouncing about like a bean in a can... so hard it broke the circuit board in the radio. *Ouch!* That hurt! Anyway, the insurance company (one with a bunch of "A's" in the name) dragged their feet interminably. And both I and the clown who hit me had the same company. Coverage included rental of a replacement car for one month - but would only cover a Geo Metro. Uh... no. I rented a new Taurus. By the end of the month we'd purchased a new Jetta; I returned the Taurus and paid for it, then hied myself on down to the insurance company office and presented them with the receipt and request for reimbursement. The agent took me to his cubicle, and proceeded to tell me that they would only cover the cost of a Geo Metro, and besides, "our insured states that the accident was your fault, and that you sideswiped him!" Hm. Okay, Bub... here's the deal. First off, the Jetta is a much larger and safer car than the Geo Metro, and I have no intention of driving my family around it one of those cracker boxes. The Taurus was the closest to the Jetta available. Also... did you read the police report? Or look at the accident photos? "Well... we haven't been able to get a copy of the police report. And we have no photos." No? Well then, let me help! I opened my briefcase, and handed him the CHP accident report. Here's the official report - feel free to make yourself a copy. I then handed him a short stack of photos. Now, if you look at these pictures, you'll see that the rear end of the Jetta is completely caved in to the back window. Would you please be kind enough to explain to me how such damage could have been caused by me sideswiping him? The man turned pink, then red, then scarlet. "Excuse me for a moment while I have a draft [check] prepared for you." With that, hang tough with 'em! Link to comment Share on other sites More sharing options...
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