Got hit by a car and getting reemed again..

**Capt M Stubbing** · 11th April 2009, 13:21

after nearly twenty years and four hundred thousand ks, i had a guy in ute drive into me. the bright yellow lid and blazing headlights on my 03 R1 didnt help. 2 weeks in hos and broken shoulder, wrist arm , thumb and a lot of bruising later..i got to see my R1, wow, no front, he missed my knee by about 10cm, the rim was peeled open, the headers were squashed flat against the head. i'm lucky to be alive.
Now his insurance company want to devalue my lid, jacket, gloves... my argument is that i wouldnt need to buy new ones if that prick had of looked!.
whats the deal? surely i should be put back to prior the accident? with no cost to me?
has anyone had this issue or knows how to sort it? any help is greatly appriciated, but expect slow replies, i got both arms in casts.
regards Ben

**pritch** · 11th April 2009, 13:28

Sorry to read of your misfortune. Have you asked your insurance company what they think? They are supposed to know about these things...

Failing that, I think there are people on KB who work in the industry and should be able to help.

**Capt M Stubbing** · 11th April 2009, 13:34

I'm chasing it, i was more wonmdering if this is the norm to devalue everything, even if the cops blame the other chap.
Tuesday has a lot of calls lined up...
thanks

**A_Mans_Ruin** · 11th April 2009, 13:34

Dam, that shit sux!
Yeah I agree with Pritch, ring your insurance tell them ya gears been totalled and your gona claim on it...
They will probably chase the other guy or his insurance company for the $$$.
Anyways, hope it all works out for ya...
Rest up and Heal well.

**Patch** · 11th April 2009, 13:34

Originally Posted by Capt M Stubbing

his insurance company want to devalue my lid, jacket, gloves...

quite common.

I'd be paying more attention to what your own ins. company is doing for you tho, that is why you pay them.

**bsasuper** · 11th April 2009, 13:41

Its their job to pay you as little as possible, DONT accept anything less than what you had,TELL your ins company what you expect and put it in writing.

**tommygun** · 11th April 2009, 13:47

Originally Posted by bsasuper

Its their job to pay you as little as possible, DONT accept anything less than what you had,TELL your ins company what you expect and put it in writing.

+1 to that and take a note of names and times you talked to some one. Nothing worse than ringing back again and they ask who you spoke to etc. Detail is everything!

Good luck.

**Capt M Stubbing** · 11th April 2009, 13:50

right, but is it help from my bike insurance (kiwibike) or from my contents insurance (ami)?
my contents is the same as the car driver and its AMI that want to depresheate it.

**Patch** · 11th April 2009, 14:01

Originally Posted by Capt M Stubbing

right, but is it help from my bike insurance (kiwibike) or from my contents insurance (ami)?
my contents is the same as the car driver and its AMI that want to depresheate it.

your policy should state whether it is replacement value or market value

**Capt M Stubbing** · 11th April 2009, 14:08

while i got out of hos, i spoke to the cop in charge, he said it didnt matter weather i had insurance, as it was the other guys fault, and to claim on him...but its still through my insurance company..right?

**dipshit** · 11th April 2009, 14:16

Originally Posted by Capt M Stubbing

while i got out of hos, i spoke to the cop in charge, he said it didnt matter weather i had insurance, as it was the other guys fault, and to claim on him...but its still through my insurance company..right?

Ysually your insurance company fixes you up then covers its costs by getting the money back off the other guy or his insurance company.

You deal with your insurance company and let them worry about getting the money off the other guy.

**_Shrek_** · 11th April 2009, 14:20

Originally Posted by Capt M Stubbing

while i got out of hos, i spoke to the cop in charge, he said it didnt matter weather i had insurance, as it was the other guys fault, and to claim on him...but its still through my insurance company..right?

good to see you're alive CMS

my gear was fully replaced after my acc.. & my pants & helmet were up graded because they could not get the same ones for one reason or another, but at no cost to me,

my understanding is that if the gear is over five years old they put a value on it, but in this case you were not at fault therefore it must be replace in the same condition or better

pm timg he's into ins see what he can do for ya

cheers Shrek

**thepom** · 11th April 2009, 14:48

I had no insurance when the asian driver opened his car door on me,he got a ticket from the cop,s but his company refused to pay,I had to threaten them with the small claims court to get any money and they still did not give me full worth as they said my helmet was second hand -six weeks old and a receipt for 1100 bucks,so I claimed for my spectacles too which have to be paid in full so worked out in the end,insurance companies----I shit them...

**mikeey01** · 11th April 2009, 15:52

Ben,
This sucks big time dude.
I feel ya pain as I've been there before.

Shit like this really pisses me off....
What part of any of this was your fault? none.
Yet you have to wear the loss of income, the loss of use (wrist) and the pain in the short term.. long term affects, who knows.

Now his insurance company is trying to be cheap skates?
Dam I wish we could sue the bastards that do shit like this!

Shrek's onto it in his PM, nothing should be at your cost. Get a bike shop to support you for replacement leathers / helmet and the value of yours... chances are, as in most cases leathers de-value by stuff all!

**Fatjim** · 11th April 2009, 16:00

As its his fault, you don't need to claim through your insurance neccesarily, they'll tell you you do but you're not legelly bound to deal with your insurance company. You can deal directly with the guy/his insurance company (even though they're the same as your one. You could take him to small claims for the loss (not your bike though as its worth too much).