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[JaimeC]

Two weeks ago I was struck by a driver more intent on getting to an empty gas pump in a gas station than noticing that I was passing the driveway entrance to said station on my way home.  He turned right into me and slammed into my left leg, breaking my left tibia and knocking me and the bike off the road.

I'm out of the hospital now with some new metal in my leg.  The bad news is, the insurance company is declaring the bike a total loss.  It looks like the frame was damaged and contacted the battery monolith.  Although the frame is relatively inexpensive, the battery monolith (as most of us know) is almost half the price of a new bike.

Here's the problem:  There are so few of these bikes on the road, and so few used ones being offered for sale, the insurance company cannot establish how much I'm going to get back.  The bike is only two years old but I'm afraid for the worst and what I get will not be nearly enough to replace it.  Does anyone have any ideas?

[BrianTRice@gmail.com]

That's terrible! I wish you luck in your recovery and the insurance negotiation, but will re-iterate I saw advised on your Facebook posting: use the KBB value.

Ref https://www.facebook.com/groups/zmcowners/permalink/1729153610487173/

[JaimeC]

Unfortunately the adjuster found two local area dealerships selling a similar model/year bike for the same price ($9,000.00) and that's what they're going with.  I've forwarded this to my lawyer along with Harlan's quote to see what he thinks.  $9,000 isn't NEARLY enough to replace the bike.

[BamBam]

Your situation sounds very similar to the one I had back in January of this year.  A motorists that wasn't paying attention couldn't stop in time and slid on some ice on the road and plowed into me.  Luckily the car only side swiped me, but they hit the front end of my 2016 FXS and sent it flying.  The bike could have been repaired, but the insurance company ended up totaling the bike mainly because Zero would no longer honor the warranty.  Going forward without a warranty was not an acceptable option given the cost to replace the battery and related systems if they later became defective as a result of the accident.

I got $9,000 for my bike plus the actual replacement cost for all of the accessories I had purchased.  My bike had about 2,500 or so miles on it.  Don't forget to claim the value of any accessories you had on your bike.

My insurance company also struggled with how to place a value on my bike so they ended up giving me the cost to purchased a demo bike of the same year based on available internet pricing.  My insurance company (Progressive) handled the claim for me even though it was the other driver's fault.  The other driver had State Farm insurance which is notoriously bad when it comes to paying out a claim.  My Progressive agent said his company was going to take a bath on the claim because there was no way they were going to be able to recover what they paid me from State Farm, and I believed that.  He said Progressive knew that I would get screwed if I had to deal directly with State Farm so that is why they decided to subrogate the claim.

I was pretty satisfied with the outcome and would give Progressive five stars for the way they handled my claim.

[heroto]

Sorry to read about your injuries. I hope your recovery is going OK.

If I understand correctly, you are the victim, 100%
Don't let the insurance adjusters f*ck with you. The moto replacement cost is small potatoes compared with your health.
You need to be made whole, and it's on them.
You need to know how long your medical issues will last. Current issues may pass, or linger or may even be lifelong.  Give the medical stuff enough time to be sure. Once you are sure of the medical situation, not before *but do know the statute of limitations in your state, answer this question: what would make you whole?
The ideal solution is to undo the crash, but that's not an option.
So that leaves money. The insurance company won't want to litigate. They will want to make you happy. Don't measure it motorcycles or time off from work etc.  They know dollars, they understand dollars. Measure it in dollars.
 If you enlist a trial lawyer, remember that regardless of what they say, trial lawyers are soulless sharks who are in it for themselves. They get 1/3 of a settlement plus their expenses, and their expenses can be substantial. The wheels of justice turn slowly, which is more money to the sharks, and more stress for you. But sometimes that's the best option for a victim.

[NEW2elec]

Sorry to hear about your wreck and hope you can fully recover asap.
I agree with Heroto for the most part.  Just see if the bad driver's insurance will pay his full covered amount.  Maybe 25k-50k or more.
When I got hit on my bicycle a lawyer told me if they didn't pay the full amount then they (the company) could be sued.  They don't want that with an injured victim so they should pay up in full.
That lawyer was at least nice enough to tell me up front that I didn't need him as he couldn't get more from them than I could get myself.

On your end, well...
If they give you 9K for your bike there is a 2016 SR in IL for $9500 (284 miles) and a 2016 S with a PT (and 24k miles) in DC for $8500 on Cycle Trader.  They won't buy you a new bike only try to replace what you had.  It's pain that pays extra.
Good luck and best results.

[BamBam]

Fortunately for me, my wife is an attorney who sometimes handles personal injury and medical malpractice cases.  Although we have settled the property damage part of my claim, there is still the injury aspect to deal with.  You want to wait at least 6-months after the accident before seeking to recover the injury portion of your claim in case some latent medical issues develop.  Make sure you go to the doctor to seek medical attention for any injuries that you suffered; not only because that's a wise thing to do, but also to document the extent of the injuries and treatment you received.

For obvious reasons, I don't agree with all of the negative attorney comments made in earlier posts.  I would not recommend that you try to go it alone you if you are seeking to recover damages for medical expenses and pain and suffering from the insurance company.  You will never come close to what a reputable attorney will recover for you even after the attorney fees, expenses, and insurance reimbursement are paid.  A property damaged claim is one thing, but an injury claim is quite another matter.  Stay away from the personal injury attorneys that advertise a lot.  They deal in volume and are only interested in settling your claim as quickly as possible, so they are not going to seek to maximize your settlement amount.

A typical law firm will retain about 35% of the settlement as their fee.  Expenses in your case should be fairly minimal and include things like cost of obtaining medical records, copying, postage, etc.  You may also be required to reimburse the insurance company for their expenses, but that is usually negotiable and depends on state statutes, policy caps, etc.

At any rate, you will still come out ahead versus trying trying to negotiate on your own.  Remember though, no matter how you slice you will never be made completely whole.  The system just doesn't work that way.

PS - Jamie, how many miles where on your bike at the time of the accident?

[JaimeC]

17,897.  And don't worry, I am well aware that anyone who decides to represent himself in these cases has a fool for a client.  Lawyers get paid for a REASON.  The law firm working with me are both avid motorcyclists themselves and part of the local riding community.  They are very well versed in the causes of accidents.  I have faith in them.  The more money they get for me, the more money they get for themselves, so they've no reason to go easy on the jackass that hit me.

[JaimeC]

You guys will appreciate this one.  The lawyer called to tell me the jackass is claiming I hit HIM as I was leaving the gas station!!  After I stopped laughing at that one, I had him bring up a Google Maps satellite view of the accident scene showing him the gas station, the driveway where he hit me, and my house about 400 feet away.

I then pointed out to my lawyer that this guy will have a fun time trying to explain why I would be at a gas station on my ELECTRIC MOTORCYCLE.

[JaimeC]

My friend came over and we removed the trunk, luggage rack, RAM Mount and commuter shield.  Fortunately, none of them were damaged in the accident (though there is some scuffing on the trunk).  When I replace the Zero I can buy JUST the base motorcycle and just reinstall this stuff.  I'm assuming it'll all still fit, there don't seem to be any physical differences between the 2016 and 2018 model years other than color.

[Killroy]

You need to ask for "Pain and Suffering" money. 

I was hit by a car years ago and I was not really hurt.  When the other parties insurance company called they offered upfront $1500 for "Pain and Suffering".  I said yes.  I guess offering everyone $1500 when there client is at fault, is less expensive than lawyers. 

You got really hurt, so ask for more 

[trekguy]

How timely this thread is!
Six weeks ago I get hit on my 2014 SR with 16k miles. Thank  God I wasn't hurt badly.

Anyway, the frame got bent, so the insurance company totaled the bike. It did move forward under its own power, but  I certainly wouldn't want it "fixed" after all that. They had a hard time appraising it, but I was satisfied with the $10k value.

If I purchase a new one, the adjuster said they would need to cover sales tax on that new model, but not the full amount. I thought everything so far sounds fair and equitable, and I did get a full refund on my Schuberth helmet.

Aside from all that, there is a $2k rebate on a new 2017 showroom SR, and I like the improvements on it over the 2014 (paint quality, abs, tires, Showa suspension, red coil spring and less flimsy storage basket).

Ride Safe guys, and wear protective  clothing!

[BamBam]

Good point about the sales tax.  My insurance company also reimbursed me for the sales tax based on the cost to purchase a new bike like the one that got totaled, which can be a significant amount of money.

I upgraded from a 2016 FXS to a 2017 DSR, so I had to pay the difference in the sales tax.  I was reimbursed after I purchased my new DSR and sent a copy of the bill of sale to the insurance company.

[DPsSRnSD]

You guys will appreciate this one.  The lawyer called to tell me the jackass is claiming I hit HIM as I was leaving the gas station!!  After I stopped laughing at that one, I had him bring up a Google Maps satellite view of the accident scene showing him the gas station, the driveway where he hit me, and my house about 400 feet away.

I then pointed out to my lawyer that this guy will have a fun time trying to explain why I would be at a gas station on my ELECTRIC MOTORCYCLE.

Funny how often the guilty party's story changes once they leave the collision scene.
Regarding the color of the 2018 bikes, if you prefer yellow over lockable tank storage, you might want to remove your plastics too.

[ESokoloff]

..........
Ride Safe guys, and wear protective  clothing!

To which I'll add wear Hi-Vis.
Also consider aux lighting.
Front, back, & sides.