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Wednesday, July 4, 2012

CA: What Will Happen With My Insurance After a Motorcycle Accident?

OFF THE WIRE

http://www.jdsupra.com/post/documentViewer.aspx?fid=db9c8216-ae65-4429-a404-c7b145a542c6 What Will Happen With My Insurance After a Motorcycle Accident?
With the number of motorcycle accidents in California increasing year on year, Sacramento motorcycle accident attorneys are frequently asked by clients what they can expect to happen with their insurance after they’ve been in a crash. As with nearly everything to do with the law, there are no real black and white answers; it all depends on the circumstances.
This article looks at the things you should and shouldn't do immediately after an accident, and how you should handle any possible insurance claim. Start Collecting Information From The Moment The Accident Happens Many California motorcycle accidents end with cyclists being seriously injured or killed. Clearly, in these cases gathering evidence and information is not going to be possible, so for now, we’ll hope and pray that if you are involved in a motorcycle accident, you’re not too badly banged up.
If you’re able to think clearly, get your hands on a pen and paper and start writing. Get as much of the following information as possible:
•If another vehicle was involved, get the driver’s full name, license number, phone number and insurance details. •If a car was involved and contained passengers, ask them for their names and numbers as well. •If your cell phone survived the crash, get it out and start taking pictures of the vehicles involved and any damage done. •If the police get involved, ask for the police officer’s business card or their name and phone number. They might come in useful, and it’s very good information to have for your motorcycle accident lawyer. If You’re Not At Fault, You’ll Want To File A Claim Now let’s go on the assumption that the other driver caused the accident. You think you won’t be blamed because the at-fault driver told you they had not been paying attention and will sort you out and they’re just glad you’re ok. You go home, because you’re sore but not feeling too badly apart from some scratches and scrapes.
It’s hard to describe how many mistakes are mentioned in the previous paragraph. For example:
•It’s extremely common for at-fault drivers to admit liability at the scene (often in the hope that you won’t then call the police) only to recant their admission later on. •By going home without first seeking medical help, you have already potentially damaged two things, namely: I.oYour future health—many motorcycle accident injuries take days or even weeks to fully manifest themselves. No matter how minor you think your injuries might be, any accident victim should get checked over by a doctor or trained medical provider. II.oYour insurance claim—insurance companies use software programs to help them determine how much to offer as a settlement if one of their clients was involved in a crash. If you don’t get help immediately and certainly within 72 hours of the accident, you are severely downgrading your chances of receiving a fair settlement, no matter how serious your injuries end up being. If You Caused The Accident, You Might Want To Consider Not Filing A Claim At All By all means, get advice from a motorcycle accident lawyer, but if you think you caused the accident or had the lion’s share of the blame for it, the fact is you may be better off not filing a claim at all. Try to get an estimate for repairing your bike before contacting your insurance company. It will give you a good idea of whether you should even bother putting in a claim.
Even if you were at fault for the accident and the other driver files a claim against you, that doesn’t mean you automatically have to file a claim to fix your own bike. You might be far better off fixing the bike yourself. For starters, you can take as long as you need to get your motorcycle back on the road.
Damage Estimates...They’re Not The Same As For Cars When a car is damaged in an accident, an insurance company will often insist that you take the vehicle to a specific location to get an estimate. This isn’t usually the case with motorcycles, and that can work in your favor.
You might be able to shop around and find parts that are considerably cheaper than those that would be used by the main dealer—the place where you bought the motorcycle. Cheaper estimates are better for you, whether you decide to fix the bike yourself or to file a claim with your insurance company. The less they have to spend, the better your chances that your premiums won’t go through the roof the following year.
Once you have your estimates, get the bike back from the shop as quickly as you can. Then be prepared to start negotiating with the insurance companies—yours if you were at fault, or the at-fault driver’s company if you were an innocent victim. Here’s what you need to remember:
•Get a copy of the shop’s repair estimate and keep it on hand. •Keep the motorcycle in your possession, as this ensures any insurance adjuster will have to see the bike on your terms. •Get every piece of paperwork relating to the motorcycle out, organized and at the ready at all times. This includes the receipt from your purchase of the bike, to your insurance policy, receipts for any accessories (helmets, leathers, etc.), and the current NADA and KBB estimates of your motorcycle’s value. If you were injured in the accident, and feel it wasn’t your fault, pass copies of all the above documentation to your motorcycle accident lawyer. After that, they could do much of the negotiating with the insurance company for you.
If the insurance company says the motorcycle was totaled in the wreck and they offer you a ridiculously low replacement figure, you’ll have to do some serious negotiating, especially if you borrowed money to buy the motorcycle and are still paying it off. This is where you show the insurance company the NADA current valuation for your make, model and year of motorcycle.
In a total loss settlement with your own insurance company, the negotiated figure will be paid to you less any deductible on your policy. So, for example:
•Bike was worth $3,700 when it crashed •Deductible is $500 •Total payment received will be $3,200 If you still owe the bank money for the motorcycle, and again assuming you’ve negotiated the highest possible settlement value for the bike, the figures above could look something like this:
•Bike was worth $3,700 when it crashed •Deductible is $500 •Bank is owed $2,900 •$3,700 - $500 - $2,900 = total payout to you of $300 Clearly, dealing with insurance companies after a motorcycle accident is a complicated process. If you weren’t at fault in the accident, the at-fault driver’s insurance company will do their best to pay you as little as possible for your bike.