My first wreck, how to deal w/ insurance? - TwoWheelForum: Motorcycle and Sportbike forums
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post #1 of 39 (permalink) Old 11-15-2006, 07:34 PM Thread Starter
 
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My first wreck, how to deal w/ insurance?

Well I was recently in my first bike accident. It was marvolous. I allways thought after watching crash video's "damn if that was my bike I would be so pissed that i just wrecked it". I could never understand why people never seemed to really care about thier bike after a wreck till my blackout ended and i found myself lying on the blacktop trying to figure out what just happened. I wanted to kill this damn ******* in thier damn car that had the audasity to make me wreck.

Anyways that ******* was like an 80 year old woman, and i probobly cursed more at her than i ever have at an elderly person in my entire life. Actually i dont think I've ever cursed at an elderly person, typically i'm very respectful of those old people. But my knee was throbbing and my adrenaline was pumping and she just ruined my day.

anyways, 2 days later I'm finally told by her Ins. co. that she is taking the liability (I took pics of the crash site and made sure to tell the ins. rep EXACTLY what happened). So now i'm going to get my bike appraised for the damage etc, and hopefully get my helmet replaced as well as my gloves (my jacket came out unscathed, great)

Now I have 2 questions...

First: What should I do before my bike gets appraised, and should I get a second opinion from a thrid party or anything to make sure they dont rip me off for the repairs.

Secondly (and most importantly): The ins. woman offered me 250 bucks to waive medical liability of her client. I told her I'd have to wait a couple days and think about it. I talked with my family and they told me no way, 250 is not nearly enough. I hurt my knee but not seriously (road rash, and it'll bruise up pretty bad, atm i dont think it is anything that will need medical attention). I've been limping all day and cant get into my car easily or do stairs for that matter though.

has anybody else been in this situation? how much money do you think i should be asking for in addition to the bike repairs to settle the medical liability? Like I said I dont forsee needing therapy or anything, but at the same time if they want me to waive liability they are basically asking me "how much is it worth for you now to assume that your leg is fine and wont need thousands of dollars of work on down the road".

I'm a greedy bastard and frankly I could use some money, so I called her back and left her a voicemail telling her i wanted to talk about it.

Am I being a stingy bastard or should try and pinch some more money out of the situation?
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post #2 of 39 (permalink) Old 11-15-2006, 07:51 PM
 
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The bike can be repaired. Your body is more complicated than a bike. Tell the insurance adjuster that you will be seeing a doctor and ask her for insurance information to send the bill to.

There are limits to how much the old lady is covered so don't unnecessarily go to specialists that charge $400/hr on a road rash. If you have a job, go to your preferred HMO doctor. If you don't have a job, go find one.

Depending on your state, you pick the shop that will repair your bike. I usually go the dealership route when someone else is paying the repairs.
If they decide it's a total loss, then they will replace your bike.

-a|ex
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post #3 of 39 (permalink) Old 11-15-2006, 08:01 PM Thread Starter
 
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I appreciate the concern, but like i said, i really dont think its anything major. I've had sports injuries way worse, and being as active as i am (and hurting myself as much as i have) I really dont think this is anything to be concerned about and really dont even want to get my insurance involved.

I'm basically just asking if I should ask for more than 250 bucks to settle the injury liability.

howabout the apraisal though, i dont want to get a 1500 check only to have the bike repairs cost 2000.
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post #4 of 39 (permalink) Old 11-15-2006, 10:47 PM
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Hold off on settling the medical, some injuries won't fully surface right away. I suggest going get a physical on that ladies expense. My mom thought she just had a slight case of whiplash after her accident and ended up having to have surgery on a disc in her neck.

As for the bike, have it appraised by your shop of choice, her insurance you will be dealing with choice, and a third party shop. Make sure they include the cost to replace everything no matter how little the scratch.

This is not your fault and you do not deserve to suffer or settle for anything. She hit you and she owes you for her mistake.

2005 Honda CRF88RR - 2007 Honda CBR600RR
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post #5 of 39 (permalink) Old 11-15-2006, 10:58 PM
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with these guys... Go seek medical attention... Why not? It's not your dime...

By accepting a settlement you are agreeing that you can never claim that injury again. So basically you get $250 or $500, or even $1000 now and a month later it's not healed correctly and you have to go see a specialist that costs you $2000. You're screwed...

Call her insurance company and ask them what her coverage is to determine your options...

PS. Your new AV pic is MUCH better...
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post #6 of 39 (permalink) Old 11-16-2006, 12:38 AM
 
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with these guys... Go seek medical attention...

By accepting a settlement you are agreeing that you can never claim that injury again. So basically you get $250 or $500, or even $1000 now and a month later it's not healed correctly and you have to go see a specialist that costs you $2000. You're screwed...

Call her insurance company and ask them what her coverage is to determine your options...
In my eyes, it has nothing to do with whether or not it's your dime, but it does have a LOT to do with the fact that some injuries don't surface for awhile. NEVER settle for just some amount and waive medical. BAD idea, as OSP said above. Get the information to find out where to send med bills, even if you don't think it's a major injury. Hell, an X-ray and a shot of cortizone will cost you more than $250. Just tell them you're NOT waiving medical and you want to know the ins. info for the bill. As far as the bike, determine the ins companies rules. Some make you get three estimates, some only make you get one. The dealer is the most expensive (which is why you should go to the dealer). Also, state that you want NEW parts (again, most expensive). BTW, some fairings cost over $400.

As far as asking the ins company what the ladies coverage is...good luck. Ins companies have a standing policy to NOT disclose that info because that's basically giving you a blank check for that amount. If you know what her coverage is, then you know what they'll settle for. If it comes down to it, don't hesitate to get an attorney involved.

I am in no way advocating insurance fraud, however, you don't want to screw yourself over and end up footing the bill for someone elses problem.
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post #7 of 39 (permalink) Old 11-16-2006, 02:45 AM
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If you have injuries, you need lawyer Insurance company only looking after itself, you need lawyer to look after your best interest. No way would I sign off for any amount of $$ with going through lawyer. Some of your injuries maynot show up for some time.
Last two years have had plenty of experience dealing with insurance companies. Wife has been rear ended two times on freeway with over $25K in damage to cars.
Even had 16 year old girl drive her car through my garage doing $150K in damage
Insurance companies make you fight for every penny
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post #8 of 39 (permalink) Old 11-16-2006, 07:59 AM
 
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Originally Posted by Back _Marker View Post
The bike can be repaired. Your body is more complicated than a bike. Tell the insurance adjuster that you will be seeing a doctor and ask her for insurance information to send the bill to.

There are limits to how much the old lady is covered so don't unnecessarily go to specialists that charge $400/hr on a road rash. If you have a job, go to your preferred HMO doctor. If you don't have a job, go find one.

Depending on your state, you pick the shop that will repair your bike. I usually go the dealership route when someone else is paying the repairs.
If they decide it's a total loss, then they will replace your bike.

-a|ex
Quote:
Originally Posted by Trip View Post
Hold off on settling the medical, some injuries won't fully surface right away. I suggest going get a physical on that ladies expense. My mom thought she just had a slight case of whiplash after her accident and ended up having to have surgery on a disc in her neck.

As for the bike, have it appraised by your shop of choice, her insurance you will be dealing with choice, and a third party shop. Make sure they include the cost to replace everything no matter how little the scratch.

This is not your fault and you do not deserve to suffer or settle for anything. She hit you and she owes you for her mistake.


Dood...these guys are right. Go see a doctor. You don't know what's wrong with your knee. Might be some ligament damage. Don't risk it and DO NOT SETTLE for 250 bucks. SEE A DOCTOR.



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post #9 of 39 (permalink) Old 11-16-2006, 08:04 AM
 
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Dood...these guys are right. Go see a doctor. You don't know what's wrong with your knee. Might be some ligament damage. Don't risk it and DO NOT SETTLE for 250 bucks. SEE A DOCTOR.


And be thankful that the lady friggin stopped.
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post #10 of 39 (permalink) Old 11-16-2006, 08:05 AM
 
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And be thankful that the lady friggin stopped.
That too. Dancing banana agrees.



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post #11 of 39 (permalink) Old 11-16-2006, 08:25 AM
 
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but remember, this lady is 80 years old and probably living on social security. get what you are entitled to, but don't hose her. and encourage her to give up driving....it's time.
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post #12 of 39 (permalink) Old 11-16-2006, 08:40 AM
 
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post #13 of 39 (permalink) Old 11-16-2006, 08:41 AM
 
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I would stop talking to the insurance company except to tell them there was an accident.

I would have an attorney file a civil suit for damages against the driver. In my experience, insurance companies become much more attentive and willing to work with you, once their client has been served. otherwise, they will try to drag this along and "starve" you into accepting a settlement in their best interest. If you reach an acceptable settlement...which includes "reasonable" attorney's fees and costs...you can drop the suit before the court date.
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post #14 of 39 (permalink) Old 11-16-2006, 09:11 AM
 
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I would stop talking to the insurance company except to tell them there was an accident.

I would have an attorney file a civil suit for damages against the driver. In my experience, insurance companies become much more attentive and willing to work with you, once their client has been served. otherwise, they will try to drag this along and "starve" you into accepting a settlement in their best interest. If you reach an acceptable settlement...which includes "reasonable" attorney's fees and costs...you can drop the suit before the court date.
trust him, he knows from experience
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post #15 of 39 (permalink) Old 11-16-2006, 09:24 AM
 
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Originally Posted by bumblebee View Post
I would stop talking to the insurance company except to tell them there was an accident.

I would have an attorney file a civil suit for damages against the driver. In my experience, insurance companies become much more attentive and willing to work with you, once their client has been served. otherwise, they will try to drag this along and "starve" you into accepting a settlement in their best interest. If you reach an acceptable settlement...which includes "reasonable" attorney's fees and costs...you can drop the suit before the court date.
The man has spoken.
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post #16 of 39 (permalink) Old 11-16-2006, 12:39 PM Thread Starter
 
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great advice guys. some of it is a bit more than i was considering doing but hearing it from people that have been in my situation definatly got my ears to perk up.

Its day 3 and my knee is fine, like i've been saying i've had worse injuries snowboarding and even surfing, so i'm really hesitant to start looking for a doctor to go to.

As far as hiring a lawyer, would i just have to open up the yellow pages and pick one out?

long story short I just dont want to get stuck with any unnecessary bills because I got stiffed with a bill.
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post #17 of 39 (permalink) Old 11-16-2006, 12:40 PM Thread Starter
 
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Oh, and OSP...

the av is only temporary for now, theres a poll floating around on whether its gonna stay that way
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post #18 of 39 (permalink) Old 11-16-2006, 01:42 PM
 
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Basically look up accident attorneys. They'll be the ones who can handle a case like this. And every one of them will tell you that you should have already seen a doctor. The longer you go without seeing a doctor, the less chance you have of getting a good settlement. Call any accident/injury attorney and they'll tell you whether or not they'll take the case and the steps you need to take.
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post #19 of 39 (permalink) Old 11-16-2006, 02:17 PM
 
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was there a police report done....have u called the DMV... and does your insurence know??
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post #20 of 39 (permalink) Old 11-16-2006, 02:18 PM
 
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and a lier will take it all in control...for medical go get checked don't be a nucklehead
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