Accident with other party liable. Now what?
Well, it finally happened to me. On my way to work on the morning of August 14th, a cager had stopped at the cross street stop sign to my left and then proceeded to pull out in front of me. With 90% luck and 10% skill, I managed to minimize damage to me and, I think, to my '99 K1200LTC. I avoided T-boning the cage by swerving and slowing as much as the anti-locks would let me. I hit the very front right fender of the cage, was knocked over but I managed to stay with the bike. No injuries to me other than an over extended thumb which stopped hurting the next day.
The first words out of the other driver's mouth to the investigating officer were, "This was all my fault, officer!" so liability was never in question. The driver claims that I blended into the fence to my right side. (Apparently fences have HID headlights.) The other driver was cited.
I've researched many threads here about property recovery but most of the threads seem to have the seeker working with his own insurance company making a collision claim. In my case (Colorado is a NOT a no-fault state), I am working with the other driver's company on a liability claim.
The bike was towed to our local BMW dealership. The repair estimate to this point is $8800. Naturally the insured's company wants to total the bike and give me (in round numbers) $5000 if I keep the bike or $7200 if they take the bike for salvage.
My initial intention is to refuse their offer as their insured is liable for making me whole again (within reason). I'm asking others who have been in a similar situation what their outcome was and, if better, what tactics were used to convince the liable party's company to pay the full repair cost?
I would consider suing the other driver for the difference and let them appeal to their company. Have others been successful at this?
I'm of an age where taking on payments for a new bike is not what I want to do. I believe this bike is repairable (broken nose but the HID still lights, broken left mirror, bent right tip-over bar that saved my leg, other bits and pieces.)
Opinions welcome, thanks for listening.
Engineering is making what you need from what you have.