Hey, I was just in a motorcycle accident where the other party involved was at fault. Obv I am not going to get the full value for my bike to replace it. (I got it from a family friend and paid way under value)

I was just wondering if it is possible to sue for the loss on the bike and it has but me in very financial strain. I am a student just out of school and cannot fork out money to buy another motorcycle when I have tons of debt to pay for school already.

So what am I basically asking is:
1. What should be covered by insurance? (motorcycle, helmet, jacket, boots, equipment, what else?)
2. What legal action can I take to recienve some compensation for the accident? (accident was not my fault and other party admitted fault)

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Originally Posted by robleclairo

Hey, I was just in a motorcycle accident where the other party involved was at fault. Obv I am not going to get the full value for my bike to replace it. (I got it from a family friend and paid way under value) 1. What should be covered by insurance? (motorcycle, helmet, jacket, boots, equipment, waht else?)
2. What legal action can I take to recienve some compensation for the accident? (accident was not my fault and other party admitted fault)

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Hello r:

I wouldn't make the assumption you're making about getting the FULL value for our bike... What you PAID for the bike has nothing to do with your award..

You ask what "should" be covered... That isn't the right question, because obviously, EVERYTHING you lost should be covered... The question should be, how much WILL be covered.

Your SECOND question hits the nail on the head... I think the action you should take is hire a lawyer... Unless you're VERY GOOD, a lawyer will get you MUCH more than you will yourself.

excon

Quote:

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Originally Posted by excon

Hello r:

I wouldn't make the assumption you're making about getting the FULL value for our bike.... What you PAID for the bike has nothing to do with your award..

You ask what "should" be covered... That isn't the right question, because obviously, EVERYTHING you lost should be covered... The question should be, how much WILL be covered.

Your SECOND question hits the nail on the head... I think the action you should take is hire a lawyer... Unless you're VERY GOOD, a lawyer will get you MUCH more than you will yourself.

excon

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How do I know how much will be covered by the insurance company? Like If I go buy all new equiptment and it costs me say $1000 and they say well we will only cover $500 of that well I am out another $500 on top of what I will already loose from my bike?

Also, with the lawyer, I am not really hurt, just bumps and buises but this is going to put a huge financial strain on me. Can I sue for something like that?

I'm an accident investigator in NY - where are you?

You are entitled to be made whole if you were not at fault (or a percentage if you were partially at fault) where property is concerned.

As far as personal injury, that varies by State. Without medical reports you have no chance of collecting. Have you seen a Physician?

Have you had contact with the insurance company and given them a list of what you have lost - value of bike, helmet, whatever else is involved?

Quote:

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Originally Posted by robleclairo

How do I know how much will be covered by the insurance company? Also, with the lawyer, I am not really hurt, just bumps and buises but this is going to put a huge financial strain on me. Can I sue for something like that?

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Hello again, r:

Couple things. You ask "how much" will be covered as though it's written somewhere or that it MATTERS... It DOESN'T. No matter what you lost, the insurance company will offer you the LOWEST amount they think you'll accept.

Your job is to get as MUCH as you can.

Next. The value the court and/or insurance company will assign to your lost goods is NOT their replacement value. It's their value at the time of loss. So you tell me, how much is a used set of leathers worth? Probably not much...

Finally. You don't have to be physically hurt in order to hire a lawyer. You just have to be FINANCIALLY hurt... If you want to wait to see what they offer you, fine. If it's enough, cash the check.. If it's not, hire a lawyer...

But, I wouldn't TALK to the insurance company except to ask them how much... However, they're MUCH better at this stuff than you, and if you talk to them AT ALL, it's going to cost you money...

Do what I suggest. Hire the meanest pit bull lawyer you can find, and let him do his work.

excon

Quote:

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Originally Posted by JudyKayTee

I'm an accident investigator in NY - where are you?

You are entitled to be made whole if you were not at fault (or a percentage if you were partially at fault) where property is concerned.

As far as personal injury, that varies by State. Without medical reports you have no chance of collecting. Have you seen a Physician?

Have you had contact with the insurance company and given them a list of what you have lost - value of bike, helmet, whatever else is involved?

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Hey,
I am in Ontario Canada.. so Ontario Laws may be different.

She made an illegal left hand turn in front of me at an intersection and I swerved to avoid. I am not being told that all my equipment might now be covered under home owers insurance so I am going to loose all the money it will cost to replace all that...

I went to emerg to ge checked out and released. No major injuries just bump and buises.

So if you are saying that if I am not injured I should not even see a lawyer?

Quote:

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Originally Posted by excon

Hello again, r:


Do what I suggest. Hire the meanest pit bull lawyer you can find, and let him do his work.

excon

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Ya, I think a lawyer is the way to go... thank for your help!

Now to find a lawyer...

Attorneys in my area will not represent a client unless there is a personal injury involved. It may very well be different in Canada. You are talking about material goods and property loss - value is what value is and a pit bull Attorney (in my opinion) is not going to change that or at least not change it enough to warrant paying him/her whatever he/she will charge - IF you find someone.

It is obviously different in other States and in Canada - although I work in Canada on occasion.

Call around and get info from law firms but my feeling is that an Attorney is NOT going to make a difference in the dollar amount you are able to recover. You are entitled to be made whole - no matter where you are - not enriched. You will get fair market value for whatever you lost.

I will check on Ontario law (and ask an expert who occasionally posts) but I am not doubting what I have already said.

EDIT AND PS - I am not unsympathetic to what you are going through. I ride a motorcycle myself (a Honda Goldwing) and am well aware of the problems with MC accidents and collecting damages in NY.

So what your saying is that I am out of luck even though it was not my fault? Grrr...

Ya if there is someone in my area that you recommend I would gladly talk to them and find out my options!

What types of insurance do/did YOU cover on your bike? Are you dealing with YOUR company or the company that insures the other driver? Also, what does the Police Report say about the accident and fault?

"Motorcycle quickguides
Motorcycle insurance, like car insurance, includes both mandatory and optional coverages.

Collision coverage
Collision coverage pays to fix or replace your motorcycle if it is damaged in a collision.

Comprehensive coverage
Comprehensive coverage is for those times when your bike is not involved in a collision but needs to be fixed or replaced, usually as a result of theft, fire or vandalism.

Specified perils coverage
Specified perils covers physical damage to your bike but only for damage caused by hazards specifically listed on the policy. The list may include:
Theft
Fire
Lightning
Windstorms
Hail
Earthquake
Explosions
Riots or civil disturbances
Falling, or forced landing, of an aircraft or its parts
Stranding, sinking, burning, derailment or collision of the mode of transportation used to carry or move your motorcycle by land or water

Generally, specified perils coverage does not include vandalism or damage caused flying or falling objects (e.g. rocks).

Family protection coverage (not available in Quebec)
This provides coverage for you and your family from the actions of an at-fault, underinsured driver. If you are travelling in a province or a state where the mandatory liability coverage is low, family protection coverage ensures that you and your family are covered if you are injured in an accident up to your own policy's limits regardless of the other person's coverage levels."

Ontario's no-fault motorcycle insurance - what is it?

Bumps and bruises but not injured? Sure you are injured just not dead. Judy is right, you should be made whole so don't accept the lowball initial offer. I was T boned and had only bumps and bruises but back and neck issues cropped up within a few days. Sit tight and see your own physician.

Quote:

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Originally Posted by robleclairo

So what your saying is that I am out of luck even though it was not my fault? Grrr....

Ya if there is someone in my area that you recommend I would gladly talk to them and find out my options!

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I don't know how you are interpreting what I said as saying you are "out of luck."

You are entitled to be made whole, not enriched.

Have you made a list of what you lost and the values and submitted it to the insurance company? I think you are jumping ahead and assuming you are "out of luck" when, in fact, you don't know what the insurance company is going to offer. You will get fair market value. Truth is that the day I pulled my bike out of the dealer its value decreased. Same with a new car, same with a used bike. They will give you "book" on the bike, maybe a few dollars extra if you can make a case for exceptional condition.

I can't recommend an Attorney - look in the phone book and call around if that is the path you want to take.

There is no serious personal injury involved and I see no problem with you talking to the insurance company as long as you stick to what happened. If you refuse to give them a statement they will refuse to pay the claim (at least in the US). If the facts are as you said - you are riding along, other party makes an illegal left-hand turn, there is a collision which you try to avoid - I don't see anything that will change the responsibility for the PROPERTY DAMAGE. Personal injury - I would say contact an Attorney before you talk to anyone.

Quote:

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Originally Posted by JudyKayTee

What types of insurance do/did YOU cover on your bike? Are you dealing with YOUR company or the company that insures the other driver? Also, what does the Police Report say about the accident and fault?

"Motorcycle quickguides
Motorcycle insurance, like car insurance, includes both mandatory and optional coverages.

Collision coverage
Collision coverage pays to fix or replace your motorcycle if it is damaged in a collision.

Comprehensive coverage
Comprehensive coverage is for those times when your bike is not involved in a collision but needs to be fixed or replaced, usually as a result of theft, fire or vandalism.

Specified perils coverage
Specified perils covers physical damage to your bike but only for damage caused by hazards specifically listed on the policy. The list may include:
Theft
Fire
Lightning
Windstorms
Hail
Earthquake
Explosions
Riots or civil disturbances
Falling, or forced landing, of an aircraft or its parts
Stranding, sinking, burning, derailment or collision of the mode of transportation used to carry or move your motorcycle by land or water

Generally, specified perils coverage does not include vandalism or damage caused flying or falling objects (e.g. rocks).

Family protection coverage (not available in Quebec)
This provides coverage for you and your family from the actions of an at-fault, underinsured driver. If you are travelling in a province or a state where the mandatory liability coverage is low, family protection coverage ensures that you and your family are covered if you are injured in an accident up to your own policy's limits regardless of the other person's coverage levels."

Ontario's no-fault motorcycle insurance - what is it?

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From what I though, I though I had full coverage. Now I did not have collision but because the addicent was my fault I am under the assumtion that I will be reimbursed for the amount of the bike from the other party involved since it was my fault. (At least this is what I heard and hope)

Secondly, I guess I am just frustrated. I do not know the questions to ask or whom to ask them to?

This is my first vehicle I have owned, have only had it for 3 weeks and the bike was in mint condtion since it had never really ever been used. (only 250miles on it in 2 years)

It happened Thursday of last week, I contacted my insurance company right after it happened and have yet to hear back from them or an adujuster and its now Monday.

I guess I am just sitting here twirling my thumbs, not knowing anything... not esy to handle I guess...

"(accident was not my fault and other party admitted fault)
" and now "but because the addicent was my fault " I am confused

It was NOT my fault... sorry typing to fast.

Call the insurance company again - and again - and again. Not hearing the next business day is inexcusable. Begin to pester them.

Do you have the name of her insurance company? Have you contacted them to make sure she has reported the accident?

Hello again, r:

You don't have collision coverage. Therefore, your insurance company isn't responsible for ANYTHING in this situation... You have LIABILITY insurance. Had you been at fault, YOUR coverage would have kicked in. But, you weren't, and it won't. Consequently, I doubt if you'll hear from YOUR company.

The ONLY insurance company you should be talking to is HIS. That is, IF you decide to talk to them instead of a lawyer first. You DID get the name of his insurance company, didn't you??

excon

Yes, I do have the name of her insurance company and her policy number.

I realize that my insurance company has nothing to do with it and I need to go after hers but I am with a insurance broker and have contacted him and the insurance company, who I think still has to go check out the bike? Am I right?

Since I am with a broker I though it was his job to contact her insurance company and "get the ball rolling"?

But I do have all her info and insurance company and policy number

Quote:

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Originally Posted by robleclairo

I realize that my insurance company has nothing to do with it and I need to go after hers but I am with a insurance broker and have contacted him and the insurance comapny, who i think still has to go check out the bike? am I right?

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Hello again, r:

Nope. He MIGHT act on your behalf, but he's only the guy who SOLD you the policy. Let me repeat. YOUR company does not CARE about this accident or your claim.

YOU get the ball rolling by calling HER insurance company... I'd do it TODAY - after I visited my pit bull lawyer. Or, maybe your lawyer could do it for you.

excon