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Had an Accident and need advice

Moderators: Curt!, Pa

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indianut

Posts: 604

Joined: Mon Oct 13, 2003 12:01 am

Location: Largo, Fl

Post Sun Oct 01, 2006 8:01 pm

Had an Accident and need advice

After a 250 mile ride today that couldn't have been better, just 2 miles from my house, I had someone pull right in front of me on my Virgin, Un-molested 1940 Indian Chief and all I had time to think was, I am going to hit this asshole. I won't go into details of the wreck other than He got the ticket, there were 2 witnesses, and by some miracle. I just got some Lumps and road-rash. My major concern is that his ins. is good and I can't find that out until tomorrow. It doesn't APPEAR damaged behind the neck. That Beautiful Leaf-Spring front end and the 1940 Only front fender are wasted. This is without a doubt the first accident this bike has EVER been in. In 30 years of street riding this is my first and I don't know what to do to make sure that I can get what I need to fix my bike properly. The best thing about this Chief is that it went down the road as perfect and straight as an arrow. I guess my fear is that they will send an adjuster out who will not Understand what this bike IS. I would appreciate any advice Ya'll could give. Thanks, Danny
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Pa

Site Admin

Posts: 4719

Joined: Sun Mar 12, 2000 1:01 am

Location: Ohio USA

Post Mon Oct 02, 2006 6:14 am

Dittos with Billy Danny.

Sales ads, Walnecks etc., restorers, owners, dealers, builders, and shops are great sources for aquiring values. Documentations found in reference materials such as books are great also. Auctioned bike sales amounts are good. Anything you can come up with !! Get it !!! Have repair estimates from at least three shops. Get more but submit only the three highest ones. You have the right to choose only the most qualified repair shop or qualified individual. Don't except less !! If it can't be settled fairly ?? Go to court ! Go with the evidence I mentioned. Pa
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amklyde

Posts: 625

Joined: Fri Dec 19, 2003 1:01 am

Location: Wisconsin, USA

Post Mon Oct 02, 2006 6:46 am

Danny, Sorry to hear about your misfortune. Glad to hear that you weren't severely damaged. Your 40 is a great machine and I'm sure you will get it back in fine form. The only thing I can suggest to help with the settlement is to you persue an injury claim and don't sign off on it until you are satisfied with the reparations to the bike. The settlement reps are are always promising to take care of the damage claim if you just sign off on the injury claim, but the injury claim is the one they are afraid of. When I had my shop we did a bit of insurance work, more often than not the rep is ok and all goes well, but every now and then you get some idiot that thinks his big day is when he can squeeze the claimant hard and save his company a few lousy bucks. Be fair but firm. If a rep senses that someone is trying to exaggerate the damage or scam the claim, things can get tough. Good Luck.
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Curt!

Posts: 903

Joined: Sat Dec 30, 2000 1:01 am

Location: Hill City, Ks. USA

Post Mon Oct 02, 2006 10:42 am

Danny Sorry to hear about the accident.
You don't have to accept any offer the other guy's adjuster makes. You also don't have to accept repairs with aftermarket parts if original parts are available. Research the costs with your Indian parts vendors, and a shop known for working on old Indians. I also find a lot of current values of parts by doing a search of completed auctions on e-bay. That gives a pretty good idea of what a part is actually selling for in the last 3-6 months.
If the adjuster won't accept your estimation of what the repairs will cost, don't hesitate to hire an attorney to argue your case. Their insurance company will almost always have to cover your attorney costs in any settlement. Rarely do these cases go to court, but if you have an attorney they at least know you are prepared to pursue a case. Don't sign off on any medical payment until you have everything else settled, unless your attorney advises you to do so. Remember, the guy's insurance comany is required to return you bike to the condition it was in 5 minutes before the accident. Don't accept less.
Curt!
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44u

Posts: 304

Joined: Mon Apr 19, 2004 12:01 am

Location: oklahoma usa

Post Mon Oct 02, 2006 4:49 pm

Wow, hate to hear that.
As someone who has been in several smackups and has had to wrestle with adjusters and ins. companies, I would expect them to try and lowball you. Fender can't be that much, bike is only worth so much, blah, blah.

One thing you might consider doing is developing some neck pains and headaches. Since you usually have several years under the statutes to sue, time is on your side and the thought of future medical might prod the insurance company a bit.
I had an old Corvette that I totalled against a Chevy truck (their fault) and the ins. co. tried to lowball me on that big time. Talked to a lawyer who recommended I complain of some "aches and pains" and when I told the ins. co. I was in no hurry to settle now due to my impending medical problems; well, their attitude took a 180 when I gave them the lawyer's name. They settled for the amount I wanted that very day.
The ins. rep who was previously telling me to take a hike (seriously) had to "leave the office on an emergency" right before I showed up to pick up the check.
I bet. :wink:
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indianut

Posts: 604

Joined: Mon Oct 13, 2003 12:01 am

Location: Largo, Fl

Post Tue Oct 03, 2006 7:54 am

Thanks guys for all of your advice. I really appreciate it and will take it all into consideration. I am gathering information now and should meet with the adjuster today or tomorrow.
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44u

Posts: 304

Joined: Mon Apr 19, 2004 12:01 am

Location: oklahoma usa

Post Tue Oct 03, 2006 3:01 pm

Something else to be alert about. Now and then an adjuster may try to pressure you into settling this quick and may present a harmless paper they want you to sign. This paper may be presented as something that will allow them to gain info or some other apparently harmless reason.
Sign NOTHING! This piece of paper may have fine print absolving them of any responsibility at all.

Many adjusters are not to be trusted. One of my ex-neighbors is an adjuster and is involved in all kinds of double dealing. He's been sued by a number of people, including an insurance company for ins. fraud.
On 3 separate occassions guys have stopped by my house looking for directions to this guy with the intent of taking their money out of his hide.
He definitely stays on the move, unlisted phone, etc. and is constantly trying to outrun somebody. State licensed also; shows you how much integrity there is in this area.
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BREWSKI

Posts: 919

Joined: Sat Mar 27, 2004 1:01 am

Location: RENO,NV. U.S.A.

Post Thu Oct 05, 2006 4:45 pm

Danny sorry to hear about your accident. Hopefully you weren't hurt. Before I moved to NV. some lady rearended my '63 NOVA SS,My insurance co.;Progressive wouldn't deal with the accident,I had to get an attorney to settle the claim. BREWSKI
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HonestJohn

Posts: 148

Joined: Sun Oct 31, 2004 1:01 am

Location: Dorothy, NJ. USA

Post Sat Oct 07, 2006 11:20 am

Lawyers, guns and money.

Having been there, I found that Allstate wouldn't deal fairly with me until I got my lawyer to write them a letter stateing the value of my 49 harley. Once they found out a lawyer was involved the B.S. stopped. I now have ALL of my old toys on my antique policy so that no "bluebook" bs is tried in case of some other idiot hitting me. My lawyer also rides and collects antiques of all sorts so that helps too. Honest

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