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Discussion Starter #1
I was rear ended on my V, other driver 100% at fault. Now they claim the at faults car/property damage doesn't cover my helmet or jacket ruined in the crash. My lawyer says otherwise but won't go after it because it isn't worth my legal fees. I'm waiting to talk to their supervisor but if they stick to the guns I'll file a complaint with my state insurance commission.

Anyone have this happen or know that gear should be covered by the at fault party?
 
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Just curious; about how much is the gear worth?

Have you googled it to look for other cases?

I haven't been in an accident but I'm following this thread out of curiosity and to show my support.
 

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Discussion Starter #3
Just curious; about how much is the gear worth?

Have you googled it to look for other cases?

I haven't been in an accident but I'm following this thread out of curiosity and to show my support.
I can't find anything like this on the web. My gear is worth $750
 

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my son got sideswiped at a toll booth while riding his old VFR, he had just purchased a new Arai helmet with fancy graphics, the week before, still had receipt, $750, he got check from the other guy's insurance for $1325, itemized as helmet $750, bike $500 (no complaints on bike value), other gear $75 (cheap Joe Rocket stuff)

however, one of the accident witnesses was a state cop who happened to be parked right there
 

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Yah, the at fault driver's INS, some midwest out fit covered my stuff. The investigating officer found them totally at fault and I had a witness. It's an INS game, they want to keep the high fees we pay and not compensate the victim. Keep fighting them.
 

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Discussion Starter #6
They backpedaled. The adjuster called and said he messed up. Gear is paid back dollar for dollar by the at faults policy. I'm sending over receipts now.
 

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That's the insurance racket for you.

They'll try to shortchange you, make it not worth the bother, and probably get away with it quite often.

That's how they make money.
 

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Yah, the at fault driver's INS, some midwest out fit covered my stuff. The investigating officer found them totally at fault and I had a witness. It's an INS game, they want to keep the high fees we pay and not compensate the victim. Keep fighting them.
Fight it!!! IMHO, I wouldn't send them the original receipts, just photo copies.
 

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Absolutely, copy your receipts and send them the copies. Should they claim to lose the originals, you are up a creek w/o a paddle. If they play games, you can always take them to small claims court. If you do that, you will have to prepare your case, bring documentation (receipts, accident reports, etc.) and present your case to the judge. They will probably try to negotiate you down, but it is generally not worth their while to pay a lawyer to appear in court unless it is a big claim.
 

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Absolutely, copy your receipts and send them the copies. Should they claim to lose the originals, you are up a creek w/o a paddle. If they play games, you can always take them to small claims court. If you do that, you will have to prepare your case, bring documentation (receipts, accident reports, etc.) and present your case to the judge. They will probably try to negotiate you down, but it is generally not worth their while to pay a lawyer to appear in court unless it is a big claim.
Again, a game of who will blink first. Usually it's the little guy.
 

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I doubt it is as sinister as all that. Joe claim adjuster had likely never done a motorcycle claim before. As much as folks seem to hate on insurance companies, I have always had claims paid quickly and without drama by my company or in one case the company of a person who smacked my wifes car.
 

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About those receipts, the nice lady at the Ins co kept calling me to get the records of dermatologist so she could properly tally things.
She was always polite and let me know she had not heard from the Dr. office. I finally had to go to the office and demand a copy. It wasn't long after that they sent the final check of compensation.
Good, polite interface on the phone or Email can make the ordeal a bit less stressful.
 

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It probably varies from state to state, maybe even carrier to carrier. Indiana requires under-insured/uninsured coverage, and on my motorcycle policy, if I wanted it to include coverage for gear, luggage, or farkles, it was going to cost extra. I do believe for-profit insurance is a total racket.
 

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Sounds like things worked out OK for you.

I've sadly had experience twice of being struck by cars, and yeah, their insurance is supposed to cover your gear under property damage.

As noted above, most adjusters have zero experience with motorcycle crashes. To a non-rider, it might not make sense at first to replace what they think is just clothing and a fancy plastic hat.

When the adjusters looked at my bikes, I had to point out the various parts and damage. They weren't trying to gouge me at all; they simply had no experience at all with motorcycles, and their training didn't cover motorcycles.


Here in Indiana, there's no helmet law and very few riders ever wear any sort of protective gear. I found at many points in dealing with law enforcement, medical and insurance folks that very few had ever dealt with a motorcycle crash where the rider had any protection.

Basically, they always go in expecting a mop-and-bucket closed-casket sort of situation, so you have to spend a lot of time explaining why you're still talking and not leaking fluids everywhere.

In one crash (low-speed roundabout smush), I was completely unhurt, but I had a hell of a time convincing the two ambulances to let me go. Someone called in "motorcycle crash" and no less than seven emergency vehicles showed up (two ambulances, three cops, and two fire trucks). Surprised they didn't send the damn coroner.
 

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Discussion Starter #17
Ya I got the gear figured out by now I've demanded loss of use and the bike isn't at the collision place yet so the question is if I'll be able to get them to replace my 1 week old exhaust and other parts. They claim they don't fully cover "aftermarket accessories" and I know state law says they have to repair to how it was before, to me that means new exhaust, crash bars, ect. I could see used parts when it comes to rear fender and license plate light because they all had 30k miles on them. I'd rather have new everything but I'll take what I can get. Hoping this shop is good at pushing the insurance company.

Still got a ways to go.
 

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" I do believe for-profit insurance is a total racket"

You may be on to something in the emotions department but it's been that way for many long time. Why do you think the Spanish Ins companies lay claim to all those ship wrecks from hundreds of years ago? They paid out a long time ago and when the treasure hunters locate the lost bounty, they want to recoup the losses.
 

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In these instances where the at fault driver's insurance company isn't performing, what is wrong with taking the driver himself to small claims court. When he sees that his insurance isn't protecting him sufficiently he will put pressure on them from his side.

My guess is that they would settle before even going to court.
 

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" what is wrong with taking the driver himself to small claims court"

Not everyone has the time or funds to pursue court activities. When I got run off the road I was 800 miles from home, the offending driver was from somewhere East of the Rockies. At what court does one implore for justice? Local for me, where the incident happened or near his home?
 
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