Accident with other party liable. Now what? - BMW Luxury Touring Community
 
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post #1 of 11 Old Sep 2nd, 2008, 9:41 pm Thread Starter
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Angry 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.

TomD
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post #2 of 11 Old Sep 2nd, 2008, 9:54 pm
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Re: Accident with other party liable. Now what?

You are absolutely right to leave your insurance out of it and deal with his insurance diretly. They will try to settle with you on the spot by offering you some amount over the cost of repair if you sign a release.

I was trying to get in to my driveway- a garbage truck was blocking my drive talking to another garbage truck who was in the other lane, facing the wrong way. When they ended their conversation, the guy in front of me started backing up. I honked and honked and started trying to push the bike backward to get out of the way. He hit me. I just let the bike go, jumped off, threw my helmet on the ground and walked to the house to call the cops. My wife saw the whole thing from the window. The city payed for the bike repair, towing, helmet (that I threw on the ground cause I was pissed, rental vehicle, etc, plus.

The adjuster first showed up to the house one or two days later with an offer to write me a check if I signed a release- that was the first sign something wasn't right. I They are primarily concerned you may have medical injuries or issues, now or in the future, and they want to get this behind them before anything might be discovered. I consulted with and retained an attorney.

You may need to consult with an attorney on this one if they are low-balling you- let them know that is your intent and see if they sing a different tune. They will have to pay for the attorney's fees as well since their customer was clearly at fault.
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post #3 of 11 Old Sep 2nd, 2008, 10:26 pm
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Re: Accident with other party liable. Now what?

Tom,
$7200 if they keep the bike seems pretty fair and you could buy another 99-2000 for about that price. That said, I bet you could get a little more if you badger them a little. Do you have a lot of farkles installed on the bike? If you do and your comfortable rebuilding her that would be easy enough. First make sure the frame tab behind the crash bar is not broken. The parts are very expensive and costs go up quickly so be careful.

Brian Ley
WA State of mindless sheep
USA where everything is illegal
2007 K1200GT
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post #4 of 11 Old Sep 2nd, 2008, 10:43 pm
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Re: Accident with other party liable. Now what?

Wouldn't you be able to pull the farkles? Speaking not from experience but from logic, my bet would be that the INS CO isn't including the farkles in their buy price. They're using some book that generalizes value based on criteria that wouldn't include a Sirius radio or Zumo and such, but rather mileage, remaining tread, ...

Mark
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post #5 of 11 Old Sep 2nd, 2008, 10:57 pm
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Re: Accident with other party liable. Now what?

I always defer to the insurance company to replace same for same and go shop for a bike like you had before accepting any amount of money. Then go get a lawyer. You always come out better. You are out a bike in the heat of the best riding season and that constitutes mental anguish. LOL

But seriously. Find your replacement , see what it costs and send em the bill. They have to pay it if it is reasonable. IF not take them to small claims court .

No matter where you go , there you are.
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post #6 of 11 Old Sep 3rd, 2008, 7:06 am
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Re: Accident with other party liable. Now what?

Next time you meet with someone from the insurance company, rub your neck and groan every few minutes and see what they offer then. Just kidding.
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post #7 of 11 Old Sep 3rd, 2008, 8:51 am
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Re: Accident with other party liable. Now what?

I crashed, other party at fault. Took 3 months to get propetry damage out of the way. Don't settle, until you are satisfied. IT is a negotiation, not a lottery. You will only get fair value and that's about it on property damage. I told them I would like $7000 for my 02 Vstrom with custom paint, bags, trunk, thottle lock, Shoei RF800, gloves, and my clothes that were unceremoniously removed. They wanted to nickel and dime everything, so they got adjusters involved and we did quotes on paint and gear. they ended up giving me $7125. they would have been better to listen to me in the first place.

Take notes of every converesation, with dates and times. Get name and extension of person you are dealing with. Be polite. Ask questions. If you are not answered to your satisfaction, ask for their supervisor. Get their name and extension too. That could be important later on. It was in my case. We ended up getting a claim adjuster fired for incompetence.

Our file at home on my case is over 2 inches thick, but I had injuries. The property claim is probably less than 1/2" of it.

Once you sign a release it is over. Separate property damage from injury. Mkae sure you are satisfied that you are not injured.

It is a negotiation. Good luck. PM me if you have any other questions. Be patient.

Randy
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post #8 of 11 Old Sep 3rd, 2008, 9:21 am
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Re: Accident with other party liable. Now what?

Quote:
Originally Posted by Stixx
Then go get a lawyer. You always come out better.
Maybe, maybe not. If you do decide to retain a lawyer look for a good one and that does not mean one who advertises on TV. (It probably means one who does not.) I would also suggest that you tell any lawyer you hire what you have already been offered and agree to pay him a contingency fee (25-33%) only on what he recovers above your present offer.

Another negotiating point--in an automobile accident, you would be entitled to recovery of the cost of a replacement rental while your car was being repaired. Why not throw that into the negotiations. After all, being so close you were planning to go to the Bavarian Mountain Rally in Sipapu New Mexcio this weekend weren't you. Rental BMWs are quite expensive!

Finally, make sure you are not injured before you sign a release. Once you have signed, it does not matter what develops; they are off the hook.
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post #9 of 11 Old Sep 3rd, 2008, 12:45 pm
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Re: Accident with other party liable. Now what?

Insurance laws and regulations vary substantially from state to state: options available in some may not be in others. Even the manner of determining value varies. You basically must either consult a professional to understand your options and rights in your state, or rely upon studying the relevant insurance regulations yourself. You may find that your state insurance commissioner has a public ombudsman that can help with that.
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post #10 of 11 Old Sep 10th, 2008, 8:35 pm Thread Starter
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Re: Accident with other party liable. Now what?

My thanks to all who responded to this thread.

I'm currently making a list of all my added farkles to send to the insurance company. (Dang, I spent a lot of money on these.)

Once I got over the emotions of giving up this machine on which my wife and I have ridden coast to coast, I decided to put the matter to bed.

Once I received a corrected assessment based on an LTC vs an LTS (remember those) it seems fair. Before farkles they have offered $9100. I could not sell the bike for that.

My SO has suggested (not demanded) that I look at other toys. Because I love her more than the K, I agreed. I'm applying the cash toward a sweet 2007 Miada MX-5 with retractable hardtop. It is a motorcycle with four wheels.

Enjoy the ride!

TomD
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post #11 of 11 Old Sep 10th, 2008, 9:39 pm
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Re: Accident with other party liable. Now what?

Quote:
Originally Posted by TomD
My SO has suggested (not demanded) that I look at other toys. Because I love her more than the K, I agreed. I'm applying the cash toward a sweet 2007 Miada MX-5 with retractable hardtop. It is a motorcycle with four wheels.
He'll be back.....


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