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Guy Cuts In Front Of Me, Motorcycle Goes Down.


just_some_dude

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  • 2 weeks later...

So, his insurance had it towed to AD Farrow in Sunbury, Ohio. They reported to the insurance company that it is considered totaled. Insurance company wants to tow it to a salvage yard to see what the 'fair market value' is. 

 

I have a feeling this will go to court. They are going to try to give me some crappy fair market value on a stock Blast and when they realize that I have thousands of dollars invested in this machine in aftermarket performance parts their attitude will likely change significantly.

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I know I'm definitely generalizing here, but from the driving and riding I've done, in my experience Nissan drivers often tend to drive like assholes, especially Rogue and Murano drivers. Hope you recover quick and it doesn't set you back too much.

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This is why I bought a helmet cam and always have it running while I ride in case one of many things happen:

 

1) I get in an accident, I can review the footage to see who is at fault or what I did wrong that I can fix for the next time. (assuming the footage makes it through the accident)

2) I get pulled over, I am not witness-less if the cop wants to infringe upon my rights.

3) If something crazy happens like the time the dude hit a dog in front of me and ran from the accident. Used the footage to obtain his License plate.

 

Also pretty nice to have to review through the winter time of all the rides you did throughout the riding season. Helps you get through it :)

 

 

Glad to hear you are relatively okay, sounds like they've accepted responsibility. Hope they give you a fair price for the bike, but in the event they don't, make sure you take them to the cleaners for your medical problems to make up for it.

 

Best of luck man and not that it really helps, but at least this happened at the end of the riding season so you won't have to wake up on too more warm days wishing you could be out riding.

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This is why I bought a helmet cam and always have it running while I ride in case one of many things happen:

 

1) I get in an accident, I can review the footage to see who is at fault or what I did wrong that I can fix for the next time. (assuming the footage makes it through the accident)

2) I get pulled over, I am not witness-less if the cop wants to infringe upon my rights.

3) If something crazy happens like the time the dude hit a dog in front of me and ran from the accident. Used the footage to obtain his License plate.

 

Also pretty nice to have to review through the winter time of all the rides you did throughout the riding season. Helps you get through it :)

 

 

Glad to hear you are relatively okay, sounds like they've accepted responsibility. Hope they give you a fair price for the bike, but in the event they don't, make sure you take them to the cleaners for your medical problems to make up for it.

 

Best of luck man and not that it really helps, but at least this happened at the end of the riding season so you won't have to wake up on too more warm days wishing you could be out riding.

 

I tend to do the same. Kind of a pain keeping the batteries charged and offloading the video files after a while, but at this point, i'll probably just erase it if nothing eventful happens.

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Update:

 

They had me take it to AD Farrow, it was shipped off. AD Farrow simply says totaled. Now they want an adjuster to look at it. This whole time I keep telling them they are not going to want to total it because of all the work I've done to it. They still haven't 'looked' at it, which is annoying. I filed a complaint with the Ohio Department of Insurance.

 

They requested that I provide documentation of extras I put on the bike, I grabbed all the receipts I could find. I am around $4600 in extras I have added to the bike. That is not including my gear that was damaged, which will probably be an extra $1500.

 

I told them on the phone that my expectation is, if they want to salvage the bike, that I take no losses. They kept giving me this 'we won't match dollar for dollar' BS. I just told them I understand what they are stating, but still, I'm not taking a loss and will take legal action and sue their client.

 

The accident was the 20th of September, they still haven't had an adjuster look at my bike.

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Turn this into your insurance company. You don't need to fight this, they do. You do it yourself you might do ok....might...but it will take forever and be s nightmare. You pay your insurance for this, let them earn their pay.

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My insurance company doesn't cover my bike. At the time, I got a fully working Blast for $500. I recently meant to put coverage on it, especially after my most recent upgrade, but simply hadn't done it yet. My insurance company is going to do nothing for me.

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I basically had liability only. So, yes, I had insurance, but nothing that covered my bike in the event of an accident. $500 bike, with a deductible... Didn't seem to make much sense at the time. My own laziness for not updating the coverage when I should have. Still, he is liable for the accident, so at least I am somewhat safe in that regard. Just going to have a battle for it.

Edited by just_some_dude
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I basically had liability only. So, yes, I had insurance, but nothing that covered my bike in the event of an accident. $500 bike, with a deductible... Didn't seem to make much sense at the time. My own laziness for not updating the coverage when I should have. Still, he is liable for the accident, so at least I am somewhat safe in that regard. Just going to have a battle for it.

 

Fair enough.  Liability only makes sense on a $500 bike, although with all the upgrades you referenced it's not really a $500 bike any more.  Comprehensive give you one HUGE advantage in that you are claiming from your own insurance and they don't take crap from the at-fault insurer, and they know when they are being given a line of crap.

 

Small claims court might be a better option.  Don't let them bully you with arbitration - you are under no obligation to arbitrate with HIS insurer.  I don't think liability is a problem to prove, but the value of the bike is.  Are there 3rd party companies around here that will appraise your bike based upon the extras you added?

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I completed another call to the adjuster today, he didn't seem overly happy to hear from me. According to what he stated he is printing out all of the 41 documents that I sent him to review with his supervisor and told me that I should hear from him by tomorrow. I asked him what time tomorrow and he said around 4pm-5pm. That time sounds a little questionable as that is basically the end of the day and he could easily just slip out of the office if he doesn't call when he is supposed to.

 

2 weeks in a row they stated they 'should have this done by Friday'. We are going on the 3rd Friday now.

 

It has been over a month since the accident.

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I basically had liability only. So, yes, I had insurance, but nothing that covered my bike in the event of an accident. $500 bike, with a deductible... Didn't seem to make much sense at the time. My own laziness for not updating the coverage when I should have. Still, he is liable for the accident, so at least I am somewhat safe in that regard. Just going to have a battle for it.

it doesn't matter if its liability only. You pay your insurance premiums for more than just an accident. You pay the, to legally represent you. I would call them up and tell them what the other guys insurance co. Is doing. If they refuse to help its time to find another insurance company and let everyone know who you have now so we dump them in protest or never buy from them.
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That time sounds a little questionable as that is basically the end of the day and he could easily just slip out of the office if he doesn't call when he is supposed to.

 

Perhaps, or it could he could have been buying himself as much time as possible to finish cleaning up the mess. There is hope.

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it doesn't matter if its liability only. You pay your insurance premiums for more than just an accident. You pay the, to legally represent you. I would call them up and tell them what the other guys insurance co. Is doing. If they refuse to help its time to find another insurance company and let everyone know who you have now so we dump them in protest or never buy from them.

 

If you have liability only then your insurance will only pay the legal fees associated with any liability on your part.

 

Please tell me which insurance company will handle your claim against a 3rd party when you have liability only.

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Got a call today and they are only offering me around $3500 for the bike. My upgrades where $4600, the bike itself is probably anywhere from $1000 to $1500 on KBB.

So, let's just say $6000 (my estimate). Seems too much of a price gap to me.

I am not even the one who wants to salvage it, they are.

I told him I'll just get attorneys involved. He didn't seem phased by that one. I'm not bluffing, either. I mentioned they could pay all my attorney fees as well and he said probably not. I did have an internal chuckle because he was so used to this crap he didn't seem to care. I know this is all a game to them, but it seems like the only option for me is to sue the other driver.

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You won't get attorney fees, that is incredibly rare. Work them up a little and take it. You made a mistake playing the attorney card this early. All you had to say was that seems low I need to think about it. They would have called back with a better offer.

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Why did you not contact your insurance company immediately? Your level of coverage has nothing to do with it you were not at fault. You better snatch the $3500 offer before it's gone you threatening to call an attorney is not going to scare them and will probably just piss them off and delay the process even longer. You may have trouble even finding an attorney to take it on after rejecting an offer that is well above the value of the bike. If by some chance it did go to court you may very well end up with a lot less than $3500. 

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I asked him to send me the paperwork he was referring to. Basically, they will let me take the bike back and I will get $2800. I also have to take a salvage title on it. I haven't agreed to anything, yet.

 

My issue was they were wanting to total it and claiming that all the performance upgrades meant nothing. On an insurance side of things I really don't care what they think, I only care what the court thinks. I don't know the law in this realm all that well because I have simply never dealt with this. The way I was hearing him was that he was going to take my bike away and give me less money than it would for me to rebuild a new one from scratch. They valued the bike (without upgrades) at $2100 and out of $4600 on upgrades they are pretty much only giving me $1000 of that. They valued the GIVI case I put on the back of my bike higher than they did the 600 kit I put on it.

 

So, this may work out anyway, we'll see. But, I'm still going to talk to an attorney on Monday to get some feedback.

 

The guy said he couldn't get my bike started. He said he even attempted to jump it. I kept asking him how he jumped it and he said he hooked it up to the starter. I kept asking him how he got to it and he just kept saying the red wire. I personally think this is a bunch of BS because you can't get to the starter without removing the seat, which is not possible to get do without removing the case rack, which is not possible without removing the case. He wouldn't give me a clear answer once I started questioning him on it. On top of that he was complimenting me on my header which is absolute crap. The header has horrible welds that I did as a quick fix by tig welding rusty metal with massive gaps in the metal. That evening I was coming home with the bike (the night of the accident) I was going to redo my header with clean metal. 

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CONTACT YOUR INSURANCE COMPANY NOW... AGAIN IT DOES NOT MATTER WHAT LEVEL OF COVERAGE YOU HAD, YOU PAY PREMIUMS FOR THEM TO REPRESENT YOU. unless you really don't have insurance and in that case you're going to lose your ass in court and end up paying for damage to the other guys car.

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