T-Bone Collision, Insurance Repair or Total?

[johnwwwatson]

Hey Everyone!
Some guy not paying attention, turned left in front of me and we T-Boned.
I walked away (hospital later), and was able to limp my scoot home.
His insurance has informed me they are covering everything.
All the front end is toast, but nothing I can see behind there.
I have an independent fixing it and he said the engine guard bent out the upper mounting lip and even though it could be hammered in, it will never return to powder-coat look; and that he considered that a "Bent" frame and he would tell the insurance co. it is totaled.
I couldn't replace it for what they might pay and even though it's a 1998 80", it has only 15K miles and I want to keep it. He said he could fix it with a lot of effort, either hammer in the pulled out upper mount, or order a frame from Harley, if I wanted. Is he crazy, a crook, or am I a naive idiot? Should I take the "Total?" Should I take it to a dealer instead?
He also said an adjuster might take one look at it and "Total" it, out of my hands. Could I buy it back? Should I? Any experience and advice is truly appreciated.

 

[DaveInPA]

1st of all, I'm sorry that happened to you but I'm glad you're ok. Secondly, I would total it, take the check from his Ins. co, and go treat yourself to a brand new Harley.

 

[Dr. Dolittle]

1st of all, I'm sorry that happened to you but I'm glad you're ok. Secondly, I would total it, take the check from his Ins. co, and go treat yourself to a brand new Harley.

Sorry to break this to you but the insurance check for a totaled 1998 is not going to allow him to treat himself to a brand new 2009. That's the dilemma he's asking advice for.

 

[cuznjed]

I am very sorry to hear about this, but glad your OK. That would be a very hard choice but with the frame bent I would think that you might have continuing problems with the bike. But I am no expert on bikes, worked on a lot of vehicles and their never the same.

 

[Vibratinharley]

Sorry to break this to you but the insurance check for a totaled 1998 is not going to allow him to treat himself to a brand new 2009. That's the dilemma he's asking advice for.

But a good Lawyer for his injuries might get treated to two brand new 2009's.

 

[Dr. Dolittle]

Yes, that's a totally different angle and one which I would pursue vigorously!

 

[johnwwwatson]

Thanks. All good advice & opinions. I agree, bent is bent, and I may get 2 opinions.
So far, Ins. is talking about pain & suffering, and if my bike is totaled, that will be additional suffering to me.

 

[Technologist]

Thanks. All good advice & opinions. I agree, bent is bent, and I may get 2 opinions.
So far, Ins. is talking about pain & suffering, and if my bike is totaled, that will be additional suffering to me.

1. Ask what insurance will pay if Bike is totalled.
2. Ask how much you have to pay THEN to buy totalled bike.

3a. Buy totalled bike and rebuild
3b. Sell GOOD parts of totalled bike, add $$ earned to new bike.

LASTLY... GET a good lawyer!

I was run off the road 5 years ago... I had to sue my OWN insurance company... I got a bulldog of a lawyer. It took 1 year, but insurance fixed bike... and paid all hospital bills... and some pain and suffering. ACTUALLY, I had 2 Laywers.. 1 for accident, and 1 for personal injury!

I have put an additional 25K miles on the repaired bike... and love it!

NOTE: my bike hit nothing but the ground... was run off the road and forced into grassy median.... and fron tire dug in and caused a "quick get off!". Was only $6,000 in damage (chrome and paint scratches, some replacement parts, and a new rear tire).

Laywer got 30%, but was worth it... kept a chargeable accident off MY record... in fact, I got a good driver discount the next year and my insurance dropped almost 50%!!!

Good luck, and I should have started with "I am glad to hear you are still BREATHING!!!".

I broke 13 bones and collapsed a lung.... but was back on the bike as soon as it was fixed!!!

 

[johnwwwatson]

Thanks Technologist & Vibratinharley,
VH, you and I just fell, so you must be sore like me.
I'm watching the football games this weekend and I can feel and relate to those hits and sacks more.
Tech, I could of had a CL, if I had been going faster, instead, just my right side ribs are hairline fractures
and sore bones or whatever juicy meat is around ribs, is sore.
I know what VH is going through as he decides if he'll quit, I have see-saw'd since the fall.
After spending 3 days on/off autotrader and cycletrader imagining how I will spend the ins. money,
all I want is to get back on the horse and ride.
I know it's dangerous, and I can't live in fear either.
What's my choice, a Ford Excursion with Rhino bars?
Between me and you guys, I was more concerned about my bike and was angry at the driver when I got to my feet, only forgiving him and shaking his hand when I saw his shame.
Now, I just want to get the broke fixed and get her back in my garage where I can see her until I ride; SOON.
I feel like like a rodeo cowboy, proud of my survival and ready to ride another.
A shop owner and motorcycle cop helped bend my front fender back so I could ride home.
There was a huge crowd expecting me to ride off with paramedics,
I and PD waved the FD off as they arrived because even though I felt pain,
I was able to stand, nothing broken or bleeding. I turned my ignition,
hit the button and it fired up like a WWII Rolls Royce engine after being shot at over Germany.
I got on and rode away, probably much to the amazement of the entire crowd.
When i got home and days later, some sore is more, some is less. I know I'm lucky, but if you are wise,
these are the rules of the road. It could have been an oil or gravel spill that sends me sliding.
I was saved by my engine guards and my helmet has a gash that could have been a concussion.
I accept that there is risk and danger.
I will wear more gear more often and continue to anticipate the unexpected.
And, I will rearrange my insurance coverage now that I see it in action,
I know what I'll need if it was my fault or if hit by uninsured.
Now, tell me how do you measure pain and suffering into a cash settlement.
Hang in there VH and anyone else that fell off get back on, for yourself,
and for those not with us that can't get back on.

AMENDED: I need to say two things:
1. Whether or not you or I ever ride another motorcycle, we are still better men, we are still alive.
2. After trying to sleep without my vicodin, I am reminded of the price and sacrifice of riding a motorcycle.

 

[Vibratinharley]

Thanks. All good advice & opinions. I agree, bent is bent, and I may get 2 opinions.
So far, Ins. is talking about pain & suffering, and if my bike is totaled, that will be additional suffering to me.

I am so glad you are ok and not hurt real bad as I have been lucky myself recently being able to walk away from a crash. Good Luck in getting your bike fixed or whatever they do. You should be ok but don't let them get over on you and please get GOOD legal advise before any decisions. You won't realize the importance of this until it is too late.