Victim of hit & run. Guy offers to pay out of pocket (srs)

Discussion in 'General Harley Davidson Topic' started by RideTheLightning, Jul 30, 2010.

  1. RideTheLightning

    RideTheLightning Active Member

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    Long story short, my bike got backed into at a local parking lot and fell over. Guy drove off, witness got his plates and the police tracked him down. I filed a claim with my insurance company, and they had a claims guy come to my place to see the bike. the front fender is bent, rear right turn signal scuffed, stock exhaust scuffed, right mirror smashed, right footpeg cracked, front brake handle broken at the tip, throttle grip is scratched, and there is a small dent in the gas tank.

    What happens now? If the insurance company totals it, what happens to the loan? If they do not total it? I have a loan on it btw.

    The other guy has insurance, and he also offered to pay out of pocket for repairs (not involving the insurance company).

    Whatya guys think of this?
     
  2. ultrat

    ultrat Senior Member Contributor

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    Well he drove off... i don't trust him already...wish i had answers for you.. hope u get it back on road & ridding
     
  3. 92FXRS

    92FXRS Active Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    I would be very careful letting someone pay "out-of-pocket" & not involving the insurance for your bike. If it was a small scuff, you would maybe do it. But if he drove off after hitting your bike, who knows if he'll ever pay for it or when? When insurance is involved, it will be fixed & up to YOUR satisfaction, not the "runners".
     
  4. revok1200

    revok1200 Active Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    I wouldn't trust him at all. If he wanted a break and to pay out of pocket, he should have found you at the time of the accident and made a deal then.


    As far as the loan goes. I had a similar situation with a car, my son was the victim in a hit and run in my car. My insurance totaled the car, but wouldn't come up with enough to pay the loan off. They Troopers found the guy, but since my insurance paid the claim, it was too late to go to this guys insurance company.

    We did however go to the court when the guy had to answer for the fleeing the scene of an accident charge. (you may need an attorney) The judge made the person pay the difference between what the insurance paid out and the loan pay off.

    Don't know if this helps but it gives you some info.

    Hope it works out.
     
  5. charleyhorse

    charleyhorse Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    This guy sounds like a real case. I wouldn't trust him if he had the money in his hand.
     
  6. Blindrage

    Blindrage Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    If they total the bike then the insurance company will pay you what they decide it is worth. You can argue, fuss, and fight, but they have most of the power. If you have GAP coverage on the loan from any source then that will pay the difference to the loan holder up to whatever amount the GAP was set to cover... and no, GAP is not normally a "we will cover any amount" insurance; it normally has a set amount as the top number.

    If you do not have GAP then you will have to sue the guy since his insurance will probably argue that you are asking more than what the bike is worth as well.

    Whatever you do, do not cash any checks, sign any documents, or let any repairs be done until you know everything. You can give away a lot of rights once you accept "settlement" in any form.

    Lastly, since your insurance company is already involved, the are probably not going to give this guy the option to leave his out of it. Even if they do, you should not. Again, too many rights get given away in that case.

    Good luck, and I hope they get you back on the road in like new condition ASAP.
     
  7. RideTheLightning

    RideTheLightning Active Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    My insurance guy showed up and quoted the repairs. He cut me a check for the repairs minus the deductible. I told him the other party offered to pay out of pocket and he said the best move would be to talk to this other dude at my insurance company and he could file a claim against the other party's insurance company.

    I am beyond confused.
     
  8. mnultra

    mnultra Active Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    Do not try to handle this between the two of you. We pay our insurance for alot a reasons, and a situation like this is a perfect example. They know how to handle these situations for the best ourcome of their client.

    Did the police issue a citation to the other guy?
     
  9. glyd-n

    glyd-n Junior Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    First off, this guy is no to be trusted. In saying that, I would retrieve his insurance information just to be on the safe side. Secondly, if he is willing to pay (be certain about this), obtain estimates to do the repairs. This may involve dis-assembly of certain components of the bike, to ensure that all damages are repaired. Then notify his insurance company, in most cases they will send an appraiser the check the bike out. Get a copy of their estimate. He will also get a copy. If he is still willing to pay out of pocket, then and only then, get a certified cashiers check for the amount of the TOTAL repairs. If he is not willing to pay, file it on his insurance. Being in the collision repair business, I have seen this all to often. Do not accept cash or personal checks, because there is to much risk involved. Make sure to take pictures of the damage before it is taken apart and of every damaged part after it is dis-assembled. Not to say that he won't pay, but I wouldn't count on it. In alot of cases the repairs will cost more than most people expect. Again, I cannot stress the importance of getting his insurance info. And call them immediately!! At this point he can make the decision to pay out of pocket or not. Either way, you are covered because it is on record with the insurance company. And don't forget to get the info of the witnesses that saw it. Good luck.
     
  10. RideTheLightning

    RideTheLightning Active Member

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    re: Victim of hit & run. Guy offers to pay out of pocket (srs) In

    Now something doesn't feel right. As I stated in my last post, my own insurance company quoted the repairs at roughly $1700. They cut me a check for $1200 because I have a $500 deductible.

    So I am out $500 for something that wasn't my fault in the least?

    I called and left a message at the insurance office about 2 hrs ago with no response?. Did I just get played?