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Auto Collision Do's and Don'ts


yoloswaggins

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yoloswaggins

I had a cager pull out infront of me on my way to work. clearly he's at fault but I know for sure he's gonna try to claim I was. Now the bike is totaled and I got some injuries that are keeping me from working. I do have full coverage insurance and GAP insurance on the bike and health insurance. What I would like some advice on is how do I deal with the insurance companies so they don't screw me and should I contact an attorney? I don't want to make a million but I'd like to know my expenses are covered and I'd like to be compensated for my lost wages. Any advice will be greatly appreciated as I am a young guy with no experience in this.

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hippiebikerchick

Sorry this happened to you and glad you're all right. Were there any witnesses? If you have full coverage with a legitimate insurance company there should be no problem with getting reimbursed but you may have to keep on them. Document all your losses including medical expenses, lost wages, the bike, pain and suffering, anything else you can think of. Good luck and get healed up. Hope you want to ride again when you're better.

Illegitimi non carborundum

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missourifz07

Sorry to hear about the accident. Laws vary from state to state so that is an important part of what you can expect. If it was his fault his insurance company should be responsible for everything. You could collect under your policy for med pay, a limited amount separate from your liability limits to help with your health insurance costs, deductible and co pay. But his insurance should apply, assuming he had auto insurance. If you get an attorney involved the claims reps will likely shut down and be less likely to work with you, instead only dealing with your lawyer. As hippie said keep track of all those things. His company should be responsible for all she mentioned. Plus make sure to count miles, gas, time for doctors visits. The other company should also be responsible for providing you with transportation while you settle the claim and find a replacement vehicle. Just don't settle on something you don't think is fair. If you feel your getting messed around contact your claims rep from your insurance provider. If that doesn't help a lawyer could be your answer. But remember they cost $$. If you are seriously injured and the other guys liability limits are really low then you may be needing to contact an attorney anyway.

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I don't think insurance will cover lost wages, etc. Also, even your own insurance company is not looking out for you - they are looking out for their own interests. I would strongly suggest hiring an attorney that specializes in motorcycle accidents, especially if you feel you cannot work as a result of this collision and the other person is at fault. Just my $0.02.

Life is good on 2 wheels!

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yoloswaggins

thanks for the advice guys. I'm meeting an attorney because I am kind of overwhelmed trying to deal with this. There were plenty of witnesses but I don't know if they were questioned because I was taken in an ambulance. I've yet to see if the police report shows any fault either. Well I hope it works out and I can't wait to heal up and work and get to ride again.

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Did your bike make contact with his vehicle? Believe it or not, that is a deciding factor of whether he is responsible or not. If he pulled in front of you and you swerved out of the way of his vehicle but lost control after, it would be your fault. (This is true in Alabama, not sure if it varies from state to state)

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Did your bike make contact with his vehicle? Believe it or not, that is a deciding factor of whether he is responsible or not. If he pulled in front of you and you swerved out of the way of his vehicle but lost control after, it would be your fault. (This is true in Alabama, not sure if it varies from state to state)
This may not be the case in Ohio. You would have to show that his actions caused you to lose control, like if you crashed within a reasonable distance of the other guys car. If you collided with the car then it makes it simple. And just b/c you struck his car does not mean your at fault, some people think it does. Wait til you at least see the police crash report and talk to your insurance company. There is not a whole lot you should have to do on your own, that why you have insurance. A good insurance company should handle everything. Just call them, give them police report number, if you don't have it date and time along with agency name and they should be able to run it all down. Give them the medical bills, repair costs and estimates for lost wages. Now if your insurance company sucks, then attorney is your only way. About your avatar; I hope you wear more gear than just a helmet when riding. If not it may be worth an investment.
 
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Sorry to hear about your incident! An attorney greatly helps if you're overwhelmed. They'll pretty much take care of everything for you while you heal up. FEEL BETTER!
 
Here's what happened to me when I got rear ended last year.
 
My attorney connected me to my doctor's thus taking care of my medical records/billing (chiropractor).
They took care of my rental car. Set up my appointment and everything.
They created all the paperwork necessary to deal with the insurance companies. All I needed to do was review and sign.
Set up the pick up and repair of the vehicle.
Told me what I needed to keep track of. Even had templates set up for them, like the hours of work I missed due to the incident.
They made all the calls and negotiations for the payout.
And always kept me up to date on the status of everything.
 
Their payment structure was percentage based. So it's in their best interest as well to get as much as they can.
It took months to resolve, but overall, it was a great way to deal with it.

Instagram: @meekmade | You don't need to flat foot a bike to ride it.

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missourifz07

Different laws for different states. What state are you in is the first question. I know that in Missouri the at fault party's insurance is responsible for lost wages amongst many other expenses.

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This is why I always have a Go Pro running. Sorry to hear about the accident, hope you make a fast recovery.

Keep the rubber side down and the shiny side up.

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yoloswaggins

Anyone know how gap insurance works? like is it gonna end up paying off what I owe, leaving me with nothing? just curious I'm still pretty doped up so a dumbed down version of the process would be great :)

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missourifz07

Gap insurance should make up the difference between the actual cash value(what the insurance company will pay you for your bike), and the amount left on your loan. So you should be even left with no loan.

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yoloswaggins

ok thank you @missourifz07 but since it is totaled to insurance company is gonna take it so I'm pretty much screwed for the amount I've already paid off?

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Gap insurance pays the difference between what the insurance company says your vehicle is worth and what you owe on it. You won't receive any money back that you already paid. Don't know the laws where you live, but if the other driver was at fault (and the police report confirms that), their insurance company will contact you soon (assuming they reported the accident). If you have medical bills, they will usually seek a settlement of approximately 3 times the medical costs. This is their basic formula for calculating pain, suffering, lost wages, etc.
 
Contacting a lawyer should be a last resort. Once the lawyer gets involved, you will forfeit all control of the process. A personal injury attorney will seek the maximum settlement to ensure the biggest payoff for them. They could go after the other party's insurance company and your own to squeeze every last cent they can out of the settlement. Again, could vary where you live, but in Nevada this process can easily take a year or more.

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hippiebikerchick

How badly damaged is the bike? There are lots of bikes around that have a salvaged title, so at one point they were considered totaled by an insurance company but fixed up later and used.

Illegitimi non carborundum

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crazycracka501

I've worked in the personal injury and work comp field for years. Always get a lawyer. They might get paid well for the work they do, but you always get about 3X as much for pain/suffering, time out of work so on and so forth. A good lawyer always makes sure that you get a nice chunk of cash after he/she is paid off and medical bills, bike cost is covered. If you forgo a lawyer, you're pretty much allowing the insurance to pay out as little as possible to get you to walk away. Also, a lawyer will almost always fight for future medical care should your injuries become a problem later down the road.

Make it stop!....Now make it go faster!

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  • 4 weeks later...

small update,
got a lawyer, got my car running and started working last week. The knee is ok I can do pretty much anything except kneel on it. the Insurance company is taking a while to get the process going. They took the bike yesterday and I don't have a pay off amount yet but whatever. as soon as I get that I'll file the gap claim and give the info to the lawyer dude. they just got the police report as well, shows other driver at fault so that should help the case. I just wanna f*cking ride man this is all pretty depressing.

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  • 1 month later...

Well glad to say this sh*ts almost wrapped up. Now I need a new bike as my 50cc scooter isnt cutting it lol. I really want another fz07 but Im also in love with supermotos at the moment. Idk what I'll get. Maybe you guys can convince me to go with another fz? Lol

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Well glad to say this sh*ts almost wrapped up. Now I need a new bike as my 50cc scooter isnt cutting it lol. I really want another fz07 but Im also in love with supermotos at the moment. Idk what I'll get. Maybe you guys can convince me to go with another fz? Lol
This bike basically is a supermoto with an engine that makes more torque and horse power. Haha I don't know what other convincing you need? You get the best of both with this bike.  ;)
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