Insurance woes...

[2wheelsofjustice]

Hi all,

Bit of read coming up guys - sorry bout that - but hopefully some folks out there can make it through it and help!

Last Friday I had the thrill of being hit by a car that failed to see me/give way at a roundabout... I came out ok... rolled and flipped about the ground in the traditional way... walked away with a knocked knee and a sprained butt... (I didn't know you could even sprain a butt!)..

My Ducati is a different story... the left pipe where the car hit is all dented in and the right side looks like someone took an angle grinder to it. The lady who hit me was actually really nice, admitted fault and insurance looked to be moving smoothly... but things are getting a little weird now.

For some reason I started off the process by claiming through my own insurance company (even though she crashed into me). Because she admitted fault, my insurance company said they will waive my usual excess. The assessors have been and decided a repair is in order, except that they don't want to pay for the carbon exhausts that I had on the bike (as this would push the cost of repairs into a write-off) and I'd have to pay up the difference if I wanted carbon exhausts replaced. So I'm in a bit of a predicament - I don't want them to write it off if it can be fixed (particularly because they said the payout would be less than what I bought it for), but I don't want it fixed to worse than how it was.

What I am considering doing is telling my insurance company to stop what they're doing and contacting the nice lady's insurance company. I'd provide her with the list of parts I need and repair quotes (from the bike store) including getting it certified straight etc etc, as well as an amount of $$ for loss of use of the bike for the last week. All amounts I need to get back where I was. I have spoken to her and she has third party property damage cover (up to $1m!!) so would then just pass this on to her insurance co. They pay out to get it fixed. End of story?

Does anyone out there see any flaws with option 2? Do I have to deal with my own insurance company and their crazy payout limits? Or can I just get quotes for what I need and approach her/her insurance company directly?

Thanks in advance guys!

[SVboy]

Usually insurance companies have a 'knock for knock' policy-so your insurance company pays for your damage, even though she is at fault. I think if you went down option B, you would have a hard time convincing her company to pay you. If you were not insured, you would probably have more joy[ironically!] with her company, but would possibly have to take them to small claims to get a settlement. I can see the merits in your idea and will watch with interest.

[jim.cox]

Stand your ground

You were not at fault

Your bike should be returned to the state it was in prior to accident

How the insurance company does that is it's problem, not yours

Do not accept their "settlement"

[imdying]

So I'm in a bit of a predicament - I don't want them to write it off if it can be fixed (particularly because they said the payout would be less than what I bought it for), but I don't want it fixed to worse than how it was.

I would tell her that they're not covering the mufflers, and that she has to pay for them. If she says no, then pay for them yourself and take her to the disputes tribunal for that amount.

[MSTRS:Me]

Stand your ground

You were not at fault

Your bike should be returned to the state it was in prior to accident

How the insurance company does that is it's problem, not yours

Do not accept their "settlement"

This man has it.
Your insurer's stance is wrong.
You are entitled to have your vehicle returned to pre-crash condition. Or written off for it's market value pre-crash (or agreed value, if you have that cover option)

[Waxxa]

i dont think insurance companies will pay out for items that are after-market like your carbon exhausts. If it was still the original exhaust, yes. Have you at least priced up a standard exhaust for the repair? (you need one for legal purposes).

[willytheekid]

Stand your ground and go through her insurance company!
Your insurance company should NOT be used as it was not your fault or place to lodge a claim due to her being at fault.(theyWILL find a way of charging you!)
NEVER TRUST INSURANCE COMPANYS!!! ..what they say and what they do is usually completely different, and usually in their! favour not yours.
Get everything in writing and as previously mentioned, if they give you the run around...go to small claims court!
...sorry for your loss by the way

[Smiff-ta]

Stand your ground and go through her insurance company!
Your insurance company should NOT be used as it was not your fault or place to lodge a claim due to her being at fault.(theyWILL find a way of charging you!)
NEVER TRUST INSURANCE COMPANYS!!! ..what they say and what they do is usually completely different, and usually in their! favour not yours.
Get everything in writing and as previously mentioned, if they give you the run around...go to small claims court!
...sorry for your loss by the way

Thats not how insurance works. You are insured. Your insurance sorts your bike, then pursues the person at fault. If that person is insured the insurance companies sort it out, if not your insurance company will take action to re-coup costs incured.

The BIG question is, are you carbon tail cans noted as a modification on your insurance? If they are stand your ground. If not, good luck.

Who are you insured with??

Star have got to be the best to deal with, I HIGHLY recommend them to anyone willing to listen.

[wayne708]

i dont think insurance companies will pay out for items that are after-market like your carbon exhausts. If it was still the original exhaust, yes. Have you at least priced up a standard exhaust for the repair? (you need one for legal purposes).

This is pretty much how I would see it. If your bike came standard with carbon exhausts, new ,from the factory, then the insurance company would be required to cover it.

If they were fitted later and not disclosed to insurance company when taking out a policy then they may have an out.

What is the differnce in price beteen standard and carbon? can you negotiate with the person who hit you to top up the difference.

Pain I know but good luck.

[cowboyz]

just say No! Insurance companies are rogues! just keep saying no till they come up with an appropriate solution (the only one being your bike fully repaired).

[MSTRS:Me]

If they were fitted later and not disclosed to insurance company when taking out a policy then they may have an out.

I would argue that the rider, who is not at fault, is not using his policy, therefore whatever cost to fix is borne by the guilty party, or their insurer.
Therefore, stuff like undeclared, expensive aftermarket stuff is not an out for the insurer.

[hayd3n]

you should be dealing with their insurance company

[cowboyz]

I would argue that the rider, who is not at fault, is not using his policy, therefore whatever cost to fix is borne by the guilty party, or their insurer.
Therefore, stuff like undeclared, expensive aftermarket stuff is not an out for the insurer.

have to agree. there is no doubt in my head that the guilty party should pay for it and it should be completely repaired. The writeoff thing is a real pain in the arse!.. I reckon it should be if you are not guilty then you should have the option of full repair *no matter the cost*. The insurance company will keep trying to force a write off.. because it saves them money. They shouldnt be able to force you to do anything you dont wanna do.

[p.dath]

Usually when you are fully insured you assign some of your rights to your insurance company. You effectively appoint them to represent you.

So you may find you don't have the right to sue seperately. You have already appointed someone to represent you in your claim.

And you're agreement probably doesn't cover after market changes.


I could be completely wrong, but I think the case might be something like this.

[HenryDorsetCase]

Stand your ground

You were not at fault

Your bike should be returned to the state it was in prior to accident

How the insurance company does that is it's problem, not yours

Do not accept their "settlement"

concur. 10 characters.

remember it is their JOB to pay you as little as possible. Your role in the play is to extract as much as possible given the premiums you've paid over the years.

have fun with it.