I am personal injury attorney Mike Lombardi. Was your bike damaged or totaled? You need to know this if you are trying to settle a motorcycle property damage claim. You may have a lot of questions concerning how to go about your claim. If you’ve been in a motorcycle wreck, no doubt your bike has suffered some damage or is totaled.
I wanted to share some tips on how to take care of getting your bike fixed or replaced if the crash wasn’t your fault. You almost always want to use the other guy’s insurance. If you use your insurance with hopes of being reimbursed later, you are going to have to put out some money upfront by paying your deductible. When you use the at-fault driver’s insurance, you don’t have to pay for anything, as long as liability is not a question. If their insurance company is being difficult to work with, for example, not coming by to evaluate the damage done — you can go with your own policy. But hopefully, you won’t have to. As the victim of a motorcycle accident, you have certain rights in a property damage claim.
Repair Vs. Replace
If the bike can be repaired, you have a right to a full repair with new original manufacturer parts at a repair shop of your choice. If the bike is a total loss, you have the right to the full market value of the motorcycle just prior to being damaged in the accident. Don’t take the lesser trading them out. Market value means taking into account the mileage, make, and year of the bike, including what you could have sold it for to ensure that you can get the full market value of your bike.
Be sure to keep receipts for custom parts you have purchased to show any additional value. The same is true if you’ve custom-built your bike. Keep all the receipts. You never know when you may need them. If you think he just, isn’t giving you the correct valuation of your motorcycle, you may have to get a dealer or other industry expert involved and you may have to pay them. Some will do it for free, but not all.
If you’ve been injured in a motorcycle accident, that wasn’t your fault, please give me a call or text me. I’m Michael Lombardi Injury Lawyers, so we can discuss your case and answer any questions you may have.