Yes, I loathe the fact that I have to start a thread here, but it happened.

Some funny timing, eh, Leatherwings? Unfortunately this involves the 599.

I have to make this quick, I have Vicodin down the hatch and I am going to get fuzzy soon.

Bringing some Chipotle tacos home for dinner, in the right hand lane... a guy in a minivan decides that he wants to turn into a convenience store on the right-hand side, while in the inside (left) lane. I'm about 60 or 70 feet behind him doing roughly 35 or 40 when he cuts across...

Shit.

Front brake tight but not locked. Good. Rear brake locked. Fishtail. Hit minivan broadside, flipped over the front.

Well. Dinner's f*cked.

Guy gets out, about 60-ish, immediately takes responsibility. Calls 911. I get looked over, and I'm generally alright, just bleeding and I have this tennis-ball sized hematoma on my left shin. It's just gross.

We do all the necessary stuff and I get the bike started. It's ride-able... barely. I told the cop there's no way in hell I am NOT riding this back home, dammit.

I get outside my building, park, and shock kicks in. My buddy helps me to the car and takes me to the E.R. 4 hours later (for a few x-rays and 2 minutes with a doctor?... WTF?) I finally got back here and made something to eat.

End analysis: Road rash on both arms, left shoulder, back, left leg hematoma (no biggie), two sprained fingers, and no broken bones.

Bike: God only knows. The left frame slider actually caught the rear quarterpanel of the van and ripped it. How? No clue. Both frame sliders are toast, and actually bent the engine mount bolts out and downward. Scrape on the fork, muffler... turn signals are jacked. Of course, my Rizoma mirrors are f*cking toast along with both bar ends. Fuel tank is fine, though. I'll have to look it over more thoroughly in the daylight and take some pics.

Sorry guys... I'm slipping here. Here's some rash for now. I know we've all seen a lot worse, but this is the left arm:

http://img142.imageshack.us/img142/1167/facebook3jpgje7.jpg

I feel sick about this, even though it's not my fault. I did the best I could. The guy has insurance and I have his info, so if anyone can help me through the insurance company negotiation procedure I would appreciate it. I have every intention of passing the E.R. bill right on to them as well.

Ride safe, you guys. I'm kind of a prick but I care about all of my 599 brothers and sisters. Keep your eyes open and your hands smooth.

Man, J, that sucks. Your posts for weeks have been about fixin' the bike up, and now this...

Were you wearing a jacket when you got that rash?

Anyway, it also sucks that you've now wrecked two different bikes. I don't know whether that makes you a superhero, or or a poor, unlucky bastard.

Either way, take an extra happy-pill for me, and let us know how you're doing.

What hurt more, the crash or the sight of your rizoma mirrors all mangled?

First crash was my fault, so that's on me. This time totally wasn't.... so I don't know what that makes me. A little unlucky and a little lucky at the same time.

Got to bed at 4:30, woke up at 7:45 and I feel like I am on fire. More Vicodin.

No gear, so the sympathy should expectantly be at a minimum. But that's how these things happen, right? You go for a quick jaunt to grab something, grab your helmet and go... and you're 2 miles from home... and wham.

That was t-shirt and helmet vs. asphalt and concrete apron. The ground wins every time. I should know by now.


The mirrors will get replaced, hopefully, so for now the crash hurts more. Gotta try and get some more sleep. Catch up with you guys a little later.

If only you had been wearing your Carona tank top you'd be fine right now. :)

Sorry to hear about your "OFF" mate, hope you and your bike get sorted real soon :shock:

No gear, so the sympathy should expectantly be at a minimum. But that's how these things happen, right? You go for a quick jaunt to grab something, grab your helmet and go... and you're 2 miles from home... and wham.

Yep, you've just added to the statistic.

Every time I've ever thought about just running a quick errand without gear, I figure that would be one time I would bite the dust. I'm a big fan of irony, and tend to expect it.

Even gloves - I look at my hands and think how much pavement it would take to jack them up. Less than what is between me and the convenience store, that's for sure.

So, if it's any consolation, you've at least given me and probably others reason to reconsider when we start to get casual for a routine trip. My guess is that you won't make the same mistakes again, although there's not much you can do about the doof in the van. He's out there, in every town.

My big questions would be, did the tacos get messed up, and have your feelings towards Chipotle changed because of all of this? :wink:

Oh man, sorry to hear about this. Hope the pain subsides soon. Be thankful to be here and writing about it if nothing else. Thanks too for the reminder about gear. I'm sure a big % of us from time to time think its just too much trouble and at least consider skipping it.

Wow, glad you're (relatively) OK! You add a lot to this forum and it is sad that you will now have a bunch of repair related misery to share with us. I hope the guy's insurance gets you and your bike back on the road in better shape than ever.

Now get some rest and don't be stingy with the pain drugs!

Ah man, sorry to hear about the crash. That sucks after the work you've done on the bike but hopefully you can get 'er back to where you had it!

Good luck with the healing.

Regarding insurance, you could do a quick tally of the cost and see if the guy who caused the accident will just give you cash. It could cost you both more if you go through insurance...

You should call one of those motorcycle lawyers on TV. You could be a millionare! :o

Damn, when I first saw the picture of your arm, I thought textile sucks, I'm going out and buying a leather jacket! Then I read the rest of the thread and discovered that you didn't have a jacket on.

Life is full of lessons. carlitos_92 is right, your injuries will probably prevent other 599 riders from forgoing the gear.

:banghead

DAMN, dude. that f'n sucks! at least you'll eventually be alright (the bike too, hopefully) and the guy had insurance.

You shoulda made the guy in the minivan buy tacos from Chipotle and deliver them to you at the hospital.

I can just picture you yellin at the ppl around you.

witnesses/cop/minivanguy: oh my god, are you ok? lets get ya an ambulance and have the tow truck pick up your bike

JBarx: no, NO!!! leave me be with my bike!

You should call one of those motorcycle lawyers on TV. You could be a millionare! :o

Homeboy could get Rizoma everything. :shock:

That would be awesome. J could almost give the Brits a run for their money if he had an unlimited budget for mods... :lol:

Ahh, that sucks!

Feel better.

That would be awesome. J could almost give the Brits a run for their money if he had an unlimited budget for mods...


:lol: :lol: :lol: :lol: :D

Sorry to hear about the accident man, but glad that you didn't break any bones. Did the helmet save your head or even hit the ground?

Get better soon! You'll get back out there soon enough and the bike will get fixed up at least as good as it was before 8)

Advice. Document EVERYTHING.

Really consider an attorney, the insurance company has them and guess whose interest they are concerned with.

You may take a 30% hit, but you should get more back to help make that up.

The guy's insurance company called me today, and they've been obviously pretty nice about everything. They offered to pick up the ER bill, send me $700 additional for "pain and suffering", and take care of the bike. The rep told me they would send out an adjuster to determine if they felt the bike was totalled, and I could show them the invoices for the aftermarket parts for "added value" to the appraisal. At that point I can take it to a shop and get my own estimate and go from there.

I don't plan on cashing the "pain and suffering" check until the other bills have been covered, that way I don't get potentially screwed.

An attorney is still an idea I am kicking around, but right now my brain is fuzzy. I'll keep you guys up to speed. Thanks for all the well-wishes.

Advice. Document EVERYTHING.

Really consider an attorney, the insurance company has them and guess whose interest they are concerned with.

You may take a 30% hit, but you should get more back to help make that up.
My buddy - who took me to the hospital last night - had a conversation with his dad and uncle about what happened. They said with without hesitation to get an attorney right away.

I called a guy I work with, his brother is a pretty good attorney and he's going to look into some referrals and call me himself to get the story. I don't know how far I am going to pursue this, but it's probably worth looking into.

The only hitch is that I already made a recorded statement to the insurance company of the guilty party. Although I don't think I said anything that would compromise any future claims (I was intentionally concise and to the point), it probably doesn't help me.

We'll see what happens.

Damn J... :shock:

Glad to hear you're alright (relatively speaking)... things could have played out a lot worse.

Take care of yourself, get as much as you can out of the insurance (that's what it's there for), and get back on the horse. (Caugh...gear...caugh.)

good luck with everything, man. you'll be back in one piece soon enough. or you'll at least regrow the pieces that you left on the road!

How's that hematoma coming? Is that just a big blood blister?

Damn. Not much I can say that hasn't been said already, but get better fast. :(

Damn. Not much I can say that hasn't been said already, but get better fast. :(

+1

(Cough...gear...cough.)

Thanks guys. The leg is getting better, now just a big bruise and a scrape... more or less. Here are some more pics:

http://img174.imageshack.us/img174/9408/img0851dv7.jpg

http://img174.imageshack.us/img174/4567/img0849qi5.jpg

http://img367.imageshack.us/img367/1462/img0848tv3.jpg

There are other misc. scrapes and whatnot, but hard to get to with the camera. My left shoulder is giving me some issues and I have a non-stop headache.


For the bike, problem is... I cracked the block where the frame slider bolts to the motor. I am afraid this is serious trouble here:

http://img108.imageshack.us/img108/3038/img0870hf8.jpg

http://img337.imageshack.us/img337/1831/img0871rw2.jpg


Other "stuff":

Rizoma pieces:

http://img374.imageshack.us/img374/169/img0866fv8.jpg


Brake lever and pedal:

http://img244.imageshack.us/img244/9533/img0867fg8.jpg

http://img292.imageshack.us/img292/5908/img0868ff6.jpg

http://img213.imageshack.us/img213/1535/img0874to6.jpg


Exhaust (minor):

http://img139.imageshack.us/img139/8067/img0873bt1.jpg


Bent radiator and turn signals:

http://img507.imageshack.us/img507/1430/img0881hx4.jpg


Fork:

http://img391.imageshack.us/img391/5381/img0879dr7.jpg


Other frame slider and mount bolt:

http://img359.imageshack.us/img359/3116/img0884uj3.jpg

http://img239.imageshack.us/img239/510/img0885wj1.jpg


And I think the bars are bent - left side swept back:

http://img523.imageshack.us/img523/2302/img0892mb2.jpg


That's most of what I found after the first round. It doesn't look like much, but I don't think I'm gonna clear the "totaled" hurdle. Especially with the mount bolt cracked out like that.

I guess we'll have to see how it plays out.

I think those are the most depressing images I've ever seen.

/always looking for the bright side...

Uh...

Er...

Hey! I got it!

Now you can get a new aftermarket pipe and Pazzos! :wink:

Yeah, dude. $700 is a lowball number from that insurance company. I'd tell 'em $700 would barely cover the dinner you want when you stop walking funny.

Dude I'm sitting here PISSED for you all that work, all those shiny Rizoma bits!!!!

But ultimately, really glad your ok though bro!

Interested to see how this pans out....They give you enough Vicadin to last a while?

Damn. Damn damn damn damn damn. Damn. Damn. Damn.

I'm so sorry dude. Thank god you didn't listen to me and get those pazzos!

I'd offer up some free replacement parts, but I bet their insurance will take care of all of that. phew!

Damn. That sucks. Right after your little spree. Does insurance cover modifications?

Same thing when I lowsided... quick errand, why do I need a jacket? The sad thing, though, I still do it once in a while.

I feel for ya, man. unfortunately, literally... Owww! :banghead

The more I think about this, the more I think it's gonna get totaled, which is making me steadily more angry. If I lose my bike over this, I'm going to be out for blood.

Anyway, I'm going to keep looking into options and make some calls. I am going to go to work today after I sleep off this pill.

bike replacement parts add up fast and remember they normally total at about 60% of the value of the vehicle...more or less depending upon the type of damage. good luck and get better more importantly

Get well and get in the saddle as soon as you can.

Looking at that damage, it is getting close to a total. The good thing is that if you are comfortable with it you can generally buy the bike back with cash or a reduced settlement amount. The only damage I'd really worry about is that cracked block. There are a few F3 motors on ebay right now.

I do know this, the stock exhaust is like $900, aftermarket seems so much more appealing.

It sucks that the Rizoma engine guards broke the block.

It sucks that the Rizoma engine guards broke the block.
That's the slider trade-off. In some accidents, they'll save you a ridiculous amount of damage. In others, they'll cause extra. From how the slider ripped into the van, I'd call this one pretty dang unique.

Wow that sucks JBarx!

You should have had the bike towed and had a friend pick you up. You hear of people getting in accidents and then being in shock and going on their way and getting in another one.

Sometimes attorneys can help sometimes they make things worse. But sounds like you are going the correct route by just talking to one before having an attorney

But its interesting how quick they are to settle it with you, because once you cash the check they are done with you, it makes it extremely hard to go back and ask for more later.

Good luck with all the repairs...

Well, here's the latest.

I told the insurance rep to keep his $700 and that we would need to come to a different agreement. This was costing me days off work, my bike, my lifestyle, and $700 isn't going to cut it. I said I had consulted an attorney and that I had been advised of my rights and what I should be entitled to. After some back and forth, he wanted to know what I was looking for in terms of "pain and suffering" compensation. The bike an medical bills are separate and a given. So I said I wanted $7500. I told him "if a Lexus and a Jag get into a fender bender, you're paying more than that in just property damage. I'm not asking for a lot here".

He said they aren't going to do that. My injuries were all "soft tissue" and didn't meet their standards of that amount of money.

I said he should find out what his people are willing to do, and we'll take if it from there. If I have to get an attorney involved, I will.... but I also made it clear I'd rather not - I'd rather settle it now and make it clean.

We'll see where it goes from here.

A couple links that are helpful if you ever end up in this spot:

http://www.whybike.com/motorcycle64.htm

http://www.whybike.com/motorcycle102.htm

He's bluffing. Time to get a lawyer. I'm sure your lawyer will kick you in the butt for mentioning 7500.

Just keep quiet and don't answer any questions.

Tell them you're having nightmares at night because of the accident.

My only fear about going full-tilt with a lawyer is that the potential for this to get stretched out for 12, 18, 24 months becomes a lot higher. What do I do then? I'm out a bike, and I can't afford to just go get another one while this situation resolves itself.

I'm not prepared to wait that long before things get settled. I need to get what I can, while I can so I can move on.

Holy shitcakes Barxman!! Sorry i missed this thread. Hope you get
everything you want and deserve for the bike and pain and suffering.
Like SSS said don't say a friggin word. The insurance guys job is to bluff
and hope you will just want to settle quickly. Yeah you may have to wait a
little while but get a lawyer now. The lawyer knows how to deal with these
people and he's not gonna take their shit.
Hope you heal up quick and reclaim your title of Big Moneygrip!!

My only fear about going full-tilt with a lawyer is that the potential for this to get stretched out for 12, 18, 24 months becomes a lot higher. What do I do then? I'm out a bike, and I can't afford to just go get another one while this situation resolves itself.

I'm not prepared to wait that long before things get settled. I need to get what I can, while I can so I can move on.

Is their only one insurance rep on the other side involved? When I went through this there were two branches to the insurance company. One dealt with the bike and that was fast. The other dealt with my injuries.

SSS is right, if you going to go to a lawyer, stop talking to them. Give them no more information.

Soft tissue, most of the body is soft tissue. Whip lash is soft tissue. They don't want to get involved in rehab for "soft tissue". They want this done quickly.

Do not rush the damages portion. If you can get the bike settled do that quickly, but not the damages. Again, document, document, document.

My only fear about going full-tilt with a lawyer is that the potential for this to get stretched out for 12, 18, 24 months becomes a lot higher. What do I do then? I'm out a bike, and I can't afford to just go get another one while this situation resolves itself.

I'm not prepared to wait that long before things get settled. I need to get what I can, while I can so I can move on.

I would image the bike repair/replacement bill would be paid first and that you could then try and agree on a amount for pain and suffering and whatnot.... Oh and if you try and get money from insurance companies they like to draw it out. Its a technique to get you to just give up and take what they offer you.

Insurance adjusters are damage control. They are there to make sure the company doesn't spend a penny more than they have to.

OK. I'm trying to digest all of this... which is tough because it's a new thing for me and I'm not 100% in the cranium right now.

As far as I see it, I should have the adjuster come look at the bike (I have it garaged so they can't just swing by anytime they want without me being there) and try to get that settled. After they look at it, I'll go have it evaluated by a shop of my choice (or two or three) and we can take it from there. As for medical, I have 45 days if I need to go back to the doctor and Hartford will cover that without question. So I need to wait on that portion, just in case.

So with those two pieces floating out there, I can then negotiate P&S as a standalone item, correct? The rep conveyed to me that each component of the claim was independent - but I implicitly don't trust him.

Well I hope i don't mess this up because I don't want to get screwed. I mean, I don't need to shoot the moon here, but I definitely was to get what I deserve for getting blasted by an inattentive driver. I've been off the Vicodin this afternoon and my left elbow and shoulder hurt like hell. I imagine that's to be expected, but I'm a little concerned about it. I have a tendency to ignore pain and on a few occasions ended up aggravating injuries while trying to be Johnny Tough Guy. So I don't know...

Are some of you saying I really should lawyer up NOW? I'll need to find someone who'll collect on the back end because these guys bill more for an hour than I make in a full day.

:x

Sorry to hear about your accident. The words of advice I have after going through a tough year long battle with my insurance company is this. Each contact with the insurance agent should be through email this leaves a paper trail and each time you speak with them on the phone promptly write it down and send them a copy asking them to verify that this was indeed the content of your conversation. This is invaluable if you sue them. Their method of operation is to Delay coverage Deny coverage and Defend themselves against your suit. They count on your ignorance and hope that you take the first carrots dangled in front of your face. I know you want you bike back quickly but take your time and get what you need to make yourself whole. If they know you have your shit together and you are not going to rush through this they will change their tune. Ask for a copy of your deposition to them as you gave it while on meds another thing they count on. Medical bills, loaner vehicle, lost wages , bike repair are some things they need to take care of. Do you have insurance coverage ? If so your company should be going to bat for you and saving you alot of the leg work. I'm wondering if a paralegal would be cheaper and you could take them to small claims court yourself if it comes to that. Good luck

Jeez. Why should I have to deal with all this?

Anyway, couple comments.

There's no issue with medical or property recovery according to them... although I am getting stingy with that. When the adjuster comes (still haven't heard anything on that yet) I put together a nice little list of every single thing affected by the crash, with documentation whenever possible.

Accident Damages Assessment:

Value-added parts:

Rizoma Radial naked mirrors and adapters: $370.00
Rizoma Conical Bar Ends with Sliders: $66.00
Rizoma 22mm handlebar: $79.00
Rizoma Sportline Grips: $66.00
Rizoma Frame Sliders: $64.00

Shipping: $22.00

Rizoma total: $667.00


K&N High Flow Filter: $65.05

Artfibras Rear Fender/Hugger/Guard: $125.00

Value-added Total: $792.00


Shoei Multitec Helmet: $482.00

Puma Tee (ruined by blood): $21.99 (puma.com)

Puma Pants (ruined by blood): $39.99 (puma.com)

Chipotle dinner ruined by accident: $7.75

Puma Backpack: $55.00

Crack on cell phone lens: $169.99


Total: $1,461


At any rate... I can't have this go into long term litigation. I want to know I'm okay and the bike will get dealt with properly, but beyond that there is only so much I can tolerate before I will crack. That's why I am leaning hard to put it to bed ASAP.

As for my insurance, I have full coverage with GEICO, but I didn't really want to get them involved... I mean, once they allocate their resources to my claim, wouldn't that have an adverse effect on my rates?


In other news... if I have to look for a replacement... what about going to the more-available 919? I actually found one cheap around here:

http://www.cycletrader.com/find/listing/2002-HONDA-919-93334164

Just an idea.

Chipotle dinner ruined by accident: $7.75



:thumbsup

Good job with totaling for everything it's worth.

On a serious note, here is my advice to you: Slow down and take your time. I understand that you are frustrated and you certainly should be. You shouldn't have to deal with all this crap, but unfortunately you do. You don't need another bike right away, as much as you want it. Don't get in over your head with the litigation until you have it all figured out. Just take a step back and get everything in order before going forward - it'll make everything much smoother in the long run.

You bought insurance so USE IT remember you are not at fault. My guess is they would recoup any expenses from the other guy. Read your policy carefully and understand it fully have a geico rep explain it if you don't get anything. They have being doing this alot longer than you have and they have the resources that you do not. They may be able to send an adjuster and they may come up with a different total than the at fault party. They may have an in house counsel you can talk to ect. To many what ifs to not use the resources you have. If you don't want to use your insurance company you can send your premium to me or flush it down the toilet. Either way it's the same result it doesn't do you any good. Good luck

^ What those guys said. Take your time, dude. At least talk to Geico.

And the last thing you need right now is another bike. Put that Cycletrader shit away and worry about that when the outcome of your 599 is determined and the checks start rolling in. If you need distractions to keep you sane, throw yourself into work, or gaming, or art, or however you get your jollies when not on a bike. Easier said than done, I know, but you'll make it.. you've got all of us for support! :lol:

i talked to some insurance adjusters and gave them the details. first, all portions of your claim are totally separate. medical bills should and probably will be covered fully.

your tally, while detailed - don't expect them to write you a check for the full amount that you paid for all of these parts unless they were purchased within the last 60 days. if so make sure you send the receipts and invoices with dates. the shirt, food and bag - don't assume you'll get the full amount for things you may not have receipts for.

your pain and suffering - adjusters seem to think that $1500 is a fair amount. i think that's a little low personally but two different adjusters agreed on that amount as fair for both sides. make sure you send color pictures to the adjusters with all injuries. if their initial offer is not fair to you, you need to have a reason why it is not...'it's not enough money or that seems low' isn't a valid reason to them. some reasons you could give are:

you're concerned about scarring from the injuries
you're young

keep in mind also that (this is what they told me) you will get more money from scarring if you are young, model, unmarried and female...the more of these the better.

good luck and like others said try to relax as best you can.

I hear ya, guys. Here's my preliminary plan of action:

I'm trying to get a conference call with a co-worker, his brother (an attorney), and this attorney's co-worker who specializes in accidents.

At this point I am going to try to get some advice. Nothing more. If they are willing to give me a few minutes to counsel me then I think I will be much better equipped to move forward.

I'm going to call Brandon at Hartford and see when he plans to send an adjuster from his agency, and if they are going to take my counter-offer seriously. That aside, I want to get the Property portion of this claim rolling.

After that, I will probably call GEICO and apprise them of the situation and see what they can/will/want to do.


I have color photos of all the injuries, and being that my elbow and shoulder feel like someone took a bat to them, I might be re-visiting a medical professional. I also have invoices for the bike-related stuff, I still have to gather others.

At this point, that's the best I got. I don't know what else to do.


Also, I know this thread is ongoing, but hopefully by the time it's all said and done, this will be a good resource for someone else in the future. I'm hoping this will ultimately read like a convoluted How-To when it comes to getting smacked by a cager.

Update:

Geico is up to speed. They said at this point they don't need to be actively involved and my negotiations with Hartford are up to me unless I want to file a claim with Geico.

That's okay by me.

I also contacted an attorney and have a consultation meeting tomorrow, just to give them a detailed account of the situation and find out what my options are. This person came recommended by a Partner in Frost Todd Brown, so I'm pretty confident in the advice I'll be getting. I also tried to awkwardly make sure this wasn't a "billed" meeting.

The first piece of advice I got from the attorney is that I should go get checked out again, ASAP. And not to deal with Hartford until that happens. I am supposed to make a detailed value assessment of injuries and property before I resume any further negotiations with Hartford.

Fair enough. I think once I get in and do my homework and figure out what I am really up against, I'll get this worked out. I just need educated a little.

All this because a person drove their minivan in an irresponsible manner. Every day I am amazed at how many people drive in an erratic manner. Either they're distracted or just in such a rush.

J, take it easy and I hope you have a quick recovery.

In other news... if I have to look for a replacement... what about going to the more-available 919? I actually found one cheap around here:

http://www.cycletrader.com/find/listing/2002-HONDA-919-93334164

I think I might have to pick that up just to lower your temptation.

On a serious note good luck with your predicament and remember there are no do overs if something goes awry in negotiations, just take your time.

Shouldn't you be able to get that Puma stuff replaced through your endorsement deal? (Don't tell the insurance company :D)

Hey I appreciate everyone's support. We'll see what happens after my meeting tomorrow afternoon. I'll know what to do after that.

Left arm is getting gnarly. It's bruising up and the elbow appears to be swelling or filling with fluid. Doesn't feel so good.

http://img99.imageshack.us/img99/9465/img0896bf3.jpg

When the city is in trouble I turn on the Puma single and cast it into the night sky. That's when Puma man comes to save the day! aka JBrax! :lol:

When the city is in trouble I turn on the Puma single and cast it into the night sky. That's when Puma man comes to save the day! aka JBrax! :lol:
That's JBARX, Steve.

The Puma Man doesn't answer the call for someone else's name, you know.

Damn... I removed all the stickers from my bike, and THIS is the thanks I get? Come to think of it... maybe this is all your fault... maybe if I could have gotten some extra wind drag from stickers, I could have stopped in time! You bastard!

As we learned from the "599 versus Hornet" name thread, every gram counts.

And here I was about to remove my stickers. :P

Your arm isn't looking so hot - perhaps going to the doctor again is a GREAT idea. Heal up, man. It hurts to even look at your injuries.


TO EVERYONE ELSE - WEAR YOUR GEAR... ALL THE TIME. :rant

(This ad was brought to you by your friendly neighborhood gear nazi!)

JBrax, a testimonial:
You're actually helping me in two ways...
1) Whenever I start thinking about not wearing gear on a short errand, I read your story.
2) Whenever I start feeling like eating a fattening snack that I don't really need, I look at your pictures. :lol:

Seriously, man, don't be a hero. Take your meds, and rest. Don't force yourself to go to work, either - take sick leave, and I'm sure you can eventually get that added to your claim.

JBrax, a testimonial
Aren't you a funny cat.

I'm going to get the arm and everything else checked out. I'll see if the lawyer has a GP doctor they want me to go to, or if not, I'll go to my orthopedic doctor to get the elbow and shoulder examined. They're good with joint injuries. I don't really have a primary care physician since I need a doctor next to never. I just usually go to Urgent Care if something is something is out of whack.

Eventually, I’m kinda hoping they total the bike, and someone out there can save it. If the mounting bolt connection to the block can be salvaged with a heli-coil or JB Weld and re-tapped, the rest is pretty easy. The only other thing that will have to be really well evaluated is the straightness of the frame. Assuming that checks out, then I’m going to basically have more than enough money to do everything I ever wanted to do with the bike, and still come out well ahead just on property damages alone.

I’ll get fresh sprockets and a 520 conversion and go +1 on the rear, have the motor dyno-tuned, have it jetted, get a GPR pipe on it, the whole nine.

I will dub it the “Hellraiser Hornet”. Back from Hades, on a mission to strike fear in the hearts of all dipshit cage-drivers on the streets. It will be fast, sexy, and scary. I might even have enough left to get a project bike with straight cash. Then the P&S settlement can pay off my CC debt and I will be home free.

Well... at least that's the plan. God only knows how this will all play out in reality.

if is hasn't already been said, get a lawyer quick!! Don't talk to any insurance including yours let the lawyer do all the work/talk

JBrax, a testimonial:
You're actually helping me in two ways...
1) Whenever I start thinking about not wearing gear on a short errand, I read your story.
2) Whenever I start feeling like eating a fattening snack that I don't really need, I look at your pictures. :lol:


:lol: :lol:

sorry brother, feel better man.

I thought I'd update you guys since the meeting with the Law Man. He met with me for about an hour and kinda laid out where the insurance people will be coming from and how best to deal with them. I haven't officially retained representation yet because frankly, we're not "there" yet. It might not be necessary. Plus, he would bill hourly until the settlement litigation so it would still cost me $150 just for them to draft a letter.

Here's how this thing works:

There are three components to any claim - Personal Property Damage, Personal Injury, and Pain and Suffering.

Pain and Suffering and Personal Injury are linked. Property Damages are a separate component and can be negotiated/resolved independently.

Property Damage = the bike and anything else on my person damaged by the accident. I am trying to set an appointment with their adjuster to go over this. I am also cataloguing all the time and effort I put into cleaning the bike up and replacing parts. This all has value as well. I don't know how it translates, but it needs to be documented and accounted for. This is where we determine if the bike is totaled, buyback price, all that stuff. Of course this can be compared with evaluations by shops you choose.

Personal Injury = Medical bills accrued by injuries sustained in the accident.

Pain and Suffering = this gets a little blurry. This isn't an emotional damage payout... unless something really heinous happened to you. This compensation is directly proportional to the "pain and suffering" due to the severity of your injuries. In my case, the insurance people see no broken bones, one trip to the ER, and some bumps and scrapes and say "Well, here's $700 for having to make a stop at the ER, sign off and have a nice day". The general rule of thumb is that your pain and suffering compensation should be 2-3 times your medical bills. It used to be 3-times, but now juries are cracking down on that.

So, considering my arm and shoulder are still battered, I am going to make some more visits to make absolutely sure nothing is going to creep up on me down the road. Once all the bills come in, THEN I will be in a position to negotiate Pain and Suffering. If the company plays hard ball, then I might go back to my attorney and say "GO" and shoot the moon.

The plan is to discuss Property Damages, and that ONLY for now. Wait until I am medically clear and the bills are in, THEN proceed to the Injury and P&S compensation part of the deal. The Property Damages will either repair or total my bike and will (hopefully) pay me for my helmet and a handful of other misc. stuff, so once that is done the big part is complete. The rest will be haggling over how much my busted-up arm and road rash is worth.

For now, I am going to try to get Property Damages rolling, get examined by a doc or two, and then see what some local shops say about the bike and whether I can save it.

Obviously I am pretty frustrated since I have very little control over what is happening right now, and the weather has been utterly flawless and looks like it'll be that way all this coming week. Been hitting the bottle some.... :oops: .... but that just seems to piss me off even more. I'm tired of not being able to sleep, I'm tired of scabs everywhere, I'm tired of gimpy legs and showers that are a pain in the ass.... and I'm really tired of having a bike in the garage that I can't do a goddamn thing with. And the worst part about it is that I can't change it. Granted, I didn't lose a leg or anything, and I know I got off pretty easy, but still - I didn't do this to myself. I could live with it a lot easier if I had. And I have. Anyway, enough whiny shit for now. I'm going to try and go outside and sit by the pool and read.

Bringin' the noise...

http://profile.ak.facebook.com/v230/1242/72/n517532369_8654.jpg

Good luck to you, bro. I'm sure we're all making mental notes of what you're going through in case it ever happens to us. We're a community and even though you're down and out right now, you're still giving a lot back to us. We're thinking of you and wishing you the best.

Thanks man.

The adjuster comes at 4:00 today. I have all the photos and chronology of improvements and mods, invoices, and personal items and values. I'm an organized bastard.

Then I have an appointment with my orthopedic doc tomorrow morning to get looked over again... a little more thoroughly.

You got to really play up the pain to get the $.

Practice your moaning and shed a little tear. If you go to court, rent a wheelchair.

I'm on it.


Here's another tip: adjusters are sneaky. They'll constantly use the phrase "How's it going?" or "How ya doing" and things like that, assuming you'll slip and say "Oh, fine". Either don't answer the question, or bury them in a sob story.

Just a quick update:

Adjuster came by, thinks the bike is probably totaled, salvage buyback would be roughly $500. I should hear more today.

I went to my orthopedic doctor and got further examined, seems there's no structural damage to my arm or shoulder, and I'll have a permanent calcified knot on my shin (which has been seeping blood internally down to my ankle, but I guess that's normal) but other than that I need to keep the burns clean and once the soreness wears off I should be alright.

When my Kawasaki 550 got totaled, I got what the bike was worth including what I paid in mods and recent engine work, plus twice my medical bills. Total = $4,000. That was just over ten years ago.

It doesn't appear as though I am going to be that lucky. Here's where we are on Property damages:

They offered me $4825 for the bike. They said that INCLUDED my aftermarket parts. They agreed to lower the salvage buyback price from $1800 to $1600.

I said "Not a chance". The bike Blue Books for $4490 with an assumed 17,100 miles. I have 8,500. AND I have $667 in Rizoma stuff, $125 for a hugger, a few other odds and ends, and a helmet and a cell phone at $485 and $169 respectively. Total of $1,510.

I said "You guys owe me $6000. End of story."

Few days go by. We had another conversation on Friday.

I'm told they won't meet my price. Or even budge from the original offer. He explains to me the concept of "customization" and how it adds little value to the actual bike. Yeah, I get that. My argument was that the parts are not intrinsic to the bike, because I have the stock parts and they can be replaced. The parts are PERSONAL PROPERTY and should be reimbursed as such, at replacement value.

They choose not to look at it that way and we're stuck.

So I see what the bottom line is. He tells me that the hugger was not damaged. I say "the bike is totaled, what good is a damn hugger"? Fine. okay. The K&N is re-usable so they won't pay for that. Fine, ok. They say the cell phone ad helmet are no problem, and the Rizoma stuff is already added to the bike value. Thus, he says he'll give me $4,825 + $485 + $169, for a total of $5479. Ultimately not THAT far from the $6000 I was pushing.

But, when you deduct the salvage buyback, I'm left with $3879 for repairs and bankroll to pay medical deductibles and misc. medical out-of-pocket expenses - which I should be able to recover from the next settlement but God only knows when that'll happen.


At this point I don't know how much harder to fight on property. I'm beginning to think I offer to let the issue go at $5700, a bit of a compromise (which they'll refuse), and then save the fight for the remaining parts of the claim. That way I can start ordering parts and work on getting something back together to ride.

I don't know if I'm gonna make it through this process. Three weeks and we haven't made one agreement yet. Unbelievable.

Dude, that accident is worth at least $15,000. Work the medical end and, yes, you are still in pain. Keep seeing the orthopedist. Pain is relative and can't be proven. It's a pain in the ass, but you gotta keep pushing it for all that it is worth. Good luck!!!

Dude, that accident is worth at least $15,000. Work the medical end and, yes, you are still in pain. Keep seeing the orthopedist. Pain is relative and can't be proven. It's a pain in the ass, but you gotta keep pushing it for all that it is worth. Good luck!!!
Yeah I'm in Physical Therapy now, getting my left arm and neck treated twice a week. Once I get the checks for my bike and my other property, then I'll start drafting my demand letter for Personal Injury and Pain and Suffering. I think I'll have a real tough time squeezing $15k out of them. They'll tell me to take them to court. Then it's a poker game... I pay a lawyer to send a representation letter... they wait a while to see if I'm just bluffing... yada yada yada. I'm going to have to shoot high, but not out of the ballpark or they'll tell me to piss off and I'll HAVE to get the attorney involved. There goes a third of the money!

They like to settle quickly.

A friend of mine had his car stolen... and he some minor mods done to the car and it was mint! He ended up asking for a number and it took 6 months before they finally gave him what he was asking for. He provided invoices and found cars in ads and at dealers that were similar and got price quotes and he took the average, they still refused to pay the amount. The fucked thing is that it was HIS insurance company.

They are in the business to take your money. They will gladly notify you when your payment is late and cancel your policy. But when an issue does arise they are never there for you.

They assume most people just want to get on with their life and take the money.

Let them sit on it.. when an adjustor has too many outstanding claims it makes them look bad.

Also let them know that what you are asking for is reasonable considering their negligent driver hit you!

6k to replace that bike isn't asking too much.

Best of luck!

from a PR perspective you could also go to the media with your story and have them air it in the local night news (they love this kind of thing)... Remember one precious little thing: Insurance companies do not sell insurance but rather trust... We know it, they know it...

sorry to be the negative one here but do you really feel like you deserve 15k for your injuries?? from the pictures i've seen and all it seems like the initial $7500 was way too high let alone double that. you play your game and they'll play theirs.
the insurance companies are trying to get you back to a point of where you were before the accident. admittedly throughout this post you are trying to fix this bike up and buy another bike with the money from the accident. again your injuries really didn't seem too terrible. i know you were in some serious pain for at least a week or two but i don't see that warranting the kind of money you're asking for.
regardless, good luck in the game.

sorry to be the negative one here but do you really feel like you deserve 15k for your injuries?? from the pictures i've seen and all it seems like the initial $7500 was way too high let alone double that. you play your game and they'll play theirs.
the insurance companies are trying to get you back to a point of where you were before the accident. admittedly throughout this post you are trying to fix this bike up and buy another bike with the money from the accident. again your injuries really didn't seem too terrible. i know you were in some serious pain for at least a week or two but i don't see that warranting the kind of money you're asking for.
regardless, good luck in the game.
I understand where you're coming from... but I am also without a bike for over a month - in the middle of summer. I can't work out, couldn't golf... there's more than just "I got hurt". That's worth something.

I'm not asking for $15k. I'm putting $9500 out there (after my medical insurance subrogates) so it's not a 5-digit number. My demand letter is airtight so once I get the info I need from my medical insurance I'll pass the demand letter along to the case handler. They'll say "no", but I'm getting it off the ground. Like someone said before, now time is my side. I don't care if they mothball my case for 6 months. It's their nuisance.

I have $2000 +/- in medical bills, and 5 days of missed work so far worth about $700. And as long as I am in physical therapy that tally is running. Many formulas say appropriate General Damages demands are between 3-7 times medical expenses, depending on the circumstances. I'm right in the middle.

I settled Property damages for $4825 plus my helmet and cell phone (roughly another $600). $1600 for the salvage buyback. The bike is in the shop, sitting, waiting for parts... or so I am told.

We'll see how it plays out.

Ugh, so sorry to read about all that has happened to you.

Most of all, I feel your road rash pain. I think most people who've experienced it, rarely ride without a jacket again. (although to be honest, I still ride in regular pants all the time)

Hope you're healed up and back on the road in no time.

Good luck!