I've moved the last two posts out of Road Rash, and to treat it...
thread. Sorry about that... My excuse, two tabs open at the same time.
Originally Posted by Simple Nature
I'm sure the road rash tips didn't heal the old bike so what did it take to have the insurance cough up this new steed? And did they indeed make you whole without added expese to you? Inquiring minds want to know
Well, My "old" bike (Ludwig) wasn't that old. The frame was replaced in August of last year. With the frame that made up "Henry" (a GT Transeo 1.0 Disk), I had paid for a bike fit, and had special parts for that. I also had upgraded the wheels, covered the bike in retro-reflective films, had a computer, fenders, and a rack. My bike was nice, and the parts were of very good quality. I took the bike to the Bike Gallery (The $30 charge was paid by his insurance), and they went over it with a fine toothed comb. If it was damaged (and thus unsafe), or irrepairable, it was added to the list. After that, I went over the list, and pointed out the few things that were overlooked (like the reflective films, the Lightweights for Wheels, as well as the bike fit). All in all, the bike was a total loss.
I then looked around, and found the nearest match that I could to what Ludwig was. That cost was added to the list as well. Total losses that the insurance company accepted was $1800.00 (I believe it should have been $2030.00, for the now unusable custom built rear wheel), but they withheld 20% from "my portion of liability" in respect to the crash. I took the figure that they offered to the attorney I was thinking about using (Swanson, Thomas, and Coon), and asked if it was worth retaining them, or not. I was advised that the figure should have been higher (I should have been cleared of any liability), but hiring them at this time, isn't worth the effort (pain and suffering may be a different story).
When the driver wasn't cited, I began the process for a Citizen's Initiated traffic citation (Citizen's Arrest). The responding officer then offered to cite the driver without going through that process, I accepted. I have yet to be subpoenaed for that citation (the driver may have plead no contest/or guilty).
I took all emails from the insurance investigator, replied to them, and openly included a copy to the lawyer.
I carefully documented my bike and all it's damages (photos).
As my bike is my "car" I asked for a rental car to make up for the loss of use. They didn't rent a car for me, but gave me the amount necessary to rent one if I needed to (less 20%) for the time that it took to investigate the claim.
I am not whole, yet, but I think that it will come in time, now is not the time to fight the 80%/20% issue.
The new bike still needs to undergo the reflective treatment, and the bike fit is scheduled for tomorrow.
I'd strongly encourage all to go to Ray Thomas' presentations at BTA of "Bikes and the Law" for more info on how to protect yourself against possible losses incurred by crashes.
Knowledge is Power!