THIS IS NOT LEGAL ADVICE.
NOBODY IN HIS RIGHT MIND OR OTHERWISE WOULD RELY ON MY BABBLING HERE.
Wow, what a Christmas present. I'm sorry for your troubles and hope you recover quickly. Just remember that it could have been a lot worse.
As a general matter, it's never a good idea to discuss matters in public that might later be contested. I know it's comforting to engage the LT community, but you run the risk of unwittingly making a statement that could be construed as an admission against your interests. So I'll keep this very general, and you keep this guardedly terse.
Originally Posted by jgburns
I noticed several parts that had light scratches and marks that were not on the bike when it left the showroom. Those parts were not listed on the estimate ....
That's odd. It seems that it's in the dealer's best interest to note every single blemish attributable to your accident. That's the purpose of a repair estimate, and the higher it is, the more they can charge your insurer. And rightfully so - the idea is to get the bike back in pre-collision condition.
Perhaps you could ask them to give it another look? Politely explain that you've noticed a few dings that were not noted on the estimate, and could someone have a look for ya. After all, when a brand new bike has a collision less than a quarter mile from the dealership, it's hard to see how any damage could have been preexisting at the time of the collision (i.e., anything that's wrong must be attributable to the collision).
If those marks were made after the collision - say, by transporting the bike - then they're properly left off the repair estimate and you can track the culprit down separately.
I wish the insurance company were compelled to write a check for the full amount! Instead, I get the job of making sure the bike is put back to new condition unless I bend over.
You do not say why the onus falls on you. Are we still talking about the "light scratches and marks" here?
If you had collision coverage at the time of the accident, the carrier does write a check for the full amount, less deductible. It might send an adjuster out there to check it out first, but carriers are pretty good about fulfilling these relatively small obligations.
And note that adjusters are not your friends. They are frequently independent contractors hired by the insurance carrier to make sure the carrier is not getting screwed. Thus, they are as independent as can be
. However, if you were an insurance company, would you hire an adjuster who reduces claim amounts or lets them stay high? Now, if you were an adjuster wanting to get hired by an insurance company, would you try to establish a reputation as a generous benefactor of the policyholders or as a stickler who scrutinizes and minimizes claims? I'm not suggesting that adjusters are consciously biased, but policyholders should understand the underlying interests when talking with them.
Sandia BMW offered to give me $2K less than I paid for it if I trade it in for a new one. And, they're willing to sell it on consignment....
The dealer seems willing to work with you. Like us, they probably feel sympathetic about your unfortunate accident. They might, therefore, be helpful in ensuring that the repair estimate is as accurate as practicable.
As helpful as the dealer might be, I couldn't see paying another
$2k to get a bike substantially the same as the one the insurance company is already obligated to give me
. The dealer would likely make your trade-in contingent on the succussful assignment of your policy benefits for that reason.
I don't know if having a clear vehicle history report is worth $2k.
Someone else here can speak to whether the certainty regarding latent defects is worth $2k.
Oh, I have to pay sales tax and title fees in the next 13 days, and insurance man wants $780.
It sucks to continue paying money on something you cannot immediately use, but that's the risk to which you signed on. When your bike is repaired or replaced and sitting at the ready in your driveway, these fees shouldn't seem quite so bad.
Except, maybe, your insurance bill, which is more than twice what I pay for full coverage on two bikes.
My insurance agent says I won't get a check for anything more than the repairs. Yet, the warranty is winding down, the insurance premiums must be paid, TTL is due, interest/principle on my loan (LOC) must be paid.
Based on the very limited info here, the insurance agent sounds mostly right. Why would they pay more than the cost of fixing the stated damage? That's all you hired them to do. If you claim medical costs or other liabilities, that's yet another ball of wax to be discussed with your lawyer.
You've had a tough experience to be sure! But both you and your bike will be healed, and once that's done, you can put this behind you with the twist of the throttle.
Let these problems rest while you enjoy the holidays with your friends and family now. You can deal with the accident during normal business hours.
p.s., Most of the above assumes you were at fault (or else you'd be collecting from someone else's policy, if there is one). This is a huge assumption - one about which you should remain silent. You really should visit a lawyer in your area soon to discuss the particulars of your situation. Read your insurance policy to get a better understanding of things, and bring it with you when you visit your lawyer. Good luck!