Bad Crash and H.O.G. Roadside Assistance

[2002SilverSurfer]

Maybe I will change my mind someday and want to ride again but then again, maybe not.


Glider, Since you have a lot of experience with bikes, Can you tell me what it take for a bike to be considered a total loss? I really want a new 09 bike.

First.....glad to hear you are ok and that in a matter of about 38 hours, you are ready to get back in the saddle.....

I agree with Richard on the repair of the bike. My thoughts are with you and I really hope things work out. Keep us posted.

Later,
2002SilverSurfer

 

[Lefty]

Glad you are ok. Twenty five years ago I had a close one. I decided that family had to come first and would take it easy for awhile.

Last year I started riding with my grown son and boy I wish that I hadn't waited all these years. But the timing was never right. I will just have to
make it up. Did 8,000 miles last year and hope to do many more next season.

 

[Vibratinharley]

After talking to the dealer on the phone yesterday, I asked about trading it in and he gave me a $14,000. figure. I just looked at the bill of sale with the original $25.281.00 cost. ( with extras added) I guess I might not have a choice but to get this bike back and ride it for a few more years as I will not take an $11,000. loss on a bike I own outright. ( I love having no payments)
My insurance company didn't want to talk about diminished value as there is no at fault person except me ( he left the scene).

I am gonna go down to see bike tomorrow and talk to dealer about my choices. If I do keep it, I want to have ABS installed. ** I wonder how easy this will be as they will have entire bike apart for frame change? It's like a $750. option on a new bike. Humm. I will let you know whats up when I get back from my trip. Thanks 4 all the help!!!

 

[glider]

I don't understand about the other person and diminished value. It's the diminished price of the bike regardless if there was another person involved.

I think I would have to follow that up further, possibly with the Insurance board or the state attorney general to see if they can deny you that option.

We all know how they operate and telling you it isn't an option just doesn't sound right. The repaired bike could have a lesser resale price once it has been disclosed that it was repaired after an accident, this is where the diminished value comes in and not with a second vehicle.

 

[STEVE07]

this is where i like my GAP policy - it pays out were the insurance wont and covers full invoice value for upto 5yrs.
Sorry to here they are messing you about and hope it gets sorted for you

I purchased GAP,But I had to give my Indiana adress it is not available in Canada

 

[whatyardwork]

After talking to the dealer on the phone yesterday, I asked about trading it in and he gave me a $14,000. figure. I just looked at the bill of sale with the original $25.281.00 cost. ( with extras added) I guess I might not have a choice but to get this bike back and ride it for a few more years as I will not take an $11,000. loss on a bike I own outright. ( I love having no payments)
My insurance company didn't want to talk about diminished value as there is no at fault person except me ( he left the scene).

I am gonna go down to see bike tomorrow and talk to dealer about my choices. If I do keep it, I want to have ABS installed. ** I wonder how easy this will be as they will have entire bike apart for frame change? It's like a $750. option on a new bike. Humm. I will let you know whats up when I get back from my trip. Thanks 4 all the help!!!

Glad to here youre ok after the accident.Sorry I didnt read this sooner I have a couple of insights that may have helped you.In this instance it sounds like the dealer screwed you.Harleys are very easy to total compared to cages if your descision is made from the begining.HD's carry a normal salvage value of 40 percent.Thats what an insurance company can expect to sell the bike for at auction.A cage on the other hand is more like 20 percent.Insurance companies will generaly repair a vehicle up to 80 percent of there value.
This means if your repairs where higher than 40 percent of the bikes value and they expect another 40 percent return at salvage..you have reached your 80 percent mark.
The descision to repair or not lies souly between The appraiser viewing the bike in the repair shop and you.When I say you I am including the dealership as you..When you sign a repair order and a dealer begins negotiating repairs on your behalf they are in effect negotiating a legal contract signed by you and your insurance company the day you started your policy.Any additional damages after the appraisers origional estimate that are discussed or proceeded with without your consent are in fact illegal.A grey area yes..but true.
In this instance it sounds like the dealer saw a profit in your bike and negotiated with the appraiser to repair it rather acting upon your wishes to total it.Also very easy to do.Simply exclude a frame swap until repairs have begun and the dealer gets his wish.Even with the bike torn down you still should be able to total it.The insurance company will pay them taredown time for this beore any further work is commenced.Also they should compensate you for towing.Make sure you submit the invoice
Deminished value is difficult to win in courte but it is winnable.You happen to be in an excellent situation to do just that.First check your policy to make sure there is not a diminished value clause for fault.Your policy clearly states you are entitled to replacement value or to repair to pre accident condition in the event of an accident.If the dealer is offering you less because of the accident then niether was accomplished.You absolutly will not get a straight answer especialy from your own insurance company in reguards to deminished value.You may also have to attempt to sell it privatly with the same lowball results to prove it.As Glider mentioned, contact the AG and check your courtes for prescidence cases.
Hope you descide to ride again.

 

[whatyardwork]

Heres an article that may help you.It also includes some Pa case law.

Sorry...

 

[NEWHD74FAN]

Heres an article that may help you.It also includes some Pa case law.

Sorry...

Great read, maybe there should be a Maintenance section pertaining to Motorcylist legal and rights. I had heard of DV, only from the consumer perspective, but never knew the extent of how it could be used and abused so many parties of interest. Brings new meaning to a creedo of law that is always underlining..."Ignorance is no excuse."

Just this weekend a fellow was riding his bicycle yesterday, in the early evening and was struck by a hit & run driver. He was taken to a local hospital (which will remain "nameless")...disoriented and huge gash across his forehead (15 stitches), but since he could not really speak for himself, the policeman took the report as best he could AND LEFT, the hospital bandaged him up...(he was wrapped up like a mummy in gauze on the head, both arms, both leges), DISCHARGED AND SENT ON HIS WAY "CURBSIDE"...! His roommates were called not knowing the extent of his injuries PICKED HIM UP SITTING A FEW BLOCKS FROM THE ENTRANCE groaning but still could not speak coherently, and took him home (he probably has a concussion, 4 or 5 broken ribs, two fractures, on his arm and left leg). Fortunately his dad is going to get an attorney and got him readmitted to a different hospital (yes he had health insurance card), but since he could not speak clearly also had problems getting "Discharge Meds" from local "L" pharmacy, but none from "C" pharmacy, but that's another issue...! :newsmile040:

I could go on but the point is, the bicyclist could easily have been a motorcyclist...if the victim of an accident cannot speak for themself, the rights given will go to those who may not have his/her best interest in mind, even the perpetrator, all with their hidden agenda and bad results, especially in these harder times is likely! :sd

 

[Riviera Reg]

It's great to hear that your OK. Take some time to get your body and mind back to normal, and I hope you change your mind and get back on the horse........

This may be a good opportunity to do a custom make over on the old horse if they won't let you write it off.

Good luck either way!!

 

[Vibratinharley]

I wish I knew some of this stuff before as it might have been easier to get what I wanted. I am mad at dealership as I did let them know my intentions as to wanting the bike written off as a total loss. And the fact that they added the frame without my knowledge ( I didn't find out till I saw the check for additional damage in my mailbox) is just plain wrong. Dealerships like jobs like this especially this time of year when they are slow. I went to visit them last week and they are hurting for business. They are selling "0" bikes and they don't want to even talkabout trade in as they gave me a real lowball figure. ***I did argue with State Farm about why they didn't total it and they said damage has to be 75% of value of bike or something to that effect. I always had dairyland insurance and this was the first time I used State farm for my bike. I have always used them for house and car and they have been really good. I think if it was Dairyland, things would be different. SO FOR NOW, I am gonna keep the bike as I have over $30,000 invested in this bike with all the goodies I have bought for it. ( and I just added a few more) It is an awesome looking bike and will just have to work for me regardless as I can't afford to do anything else and I just can't take a big loss and have a big bike payment right now.

It's great to hear that your OK. Take some time to get your body and mind back to normal, and I hope you change your mind and get back on the horse........

This may be a good opportunity to do a custom make over on the old horse if they won't let you write it off.

Good luck either way!!

Still working on the body part. I am scheduled for another spinal injection on the 27th of this month. It seems like your body gets damaged a lot easier as you get older and it takes much longer to feel better.