Accident help

[Manik]

So to answer some of these questions. I have plymouth Rock. The other driver who hit me also has plymouth rock. (company is out of boston). The helmet and gear was on my motorcycle when the adjuster came, and i made him take pictures of it (even after he claimed it was not a part of his job). I have filed a property damage claim through the other vehicles agent for my gear ....as my agent refused to be useful in any way. I'm also filing a claim for work compensation as i'm not allowed to attend work for 1-2 weeks...which would sink me financially.
I am not at fault in the accident. The insurance agency is maintaining that they are still investigating the claim (as the other driver refused to admit hitting me at all). I have a multitude of witnesses all with stories that back mine, and pictures of the marks my bike made in the road i.e. skid marks, showing that my bike was only feet from the curb (meaning contact took place well into my lane).
Would not suggest the insurence company.. as they seem to be doing everything they can to make it 50/ 50 so they can surcharge us both.

[Manik]

From the Mass auto policy under collision coverage. This language is identical in every Mass policy. Only endorsements on your policy could cover gear or if your company decides to cover it as a customer service. Or you could file a claim under the at fault party's(if there is one) property damage coverage of their policy.

Part 7. Under this Part, we will pay for any direct and accidental damage to your auto
Collision caused by a collision. We will also pay for collision damage to other private
passenger autos while being used by you or a household member with the
consent of the owner. It does not matter who is at fault. We will pay the cost to
physically repair the auto or any of its parts up to the actual cash value of the
auto or any of its parts at the time of the collision. The most we will pay will be
either the actual cash value of the auto or the cost to physically repair the auto,
whichever is less. We will, at our option, repair the auto, repair or replace any of
its parts, or declare the auto a total loss. If the repair of a damaged part will
impair the operational safety of the auto we will replace the part.
In all cases we will subtract the deductible amount you selected. Unless you
selected a different amount, the law sets your deductible at $500. Your
deductible is shown on the Coverage Selections Page.

We will not pay for damage to any auto which is owned or regularly used by you
or a household member unless a premium for this Part is shown for that auto on
the Coverage Selections Page. We will not pay if an accident occurs while an
auto covered under this Part is being operated in any prearranged of organized
racing speed, stunting or demolition contest or activity or in practice or
preparation for any such contest or activity.

This is exactly the kind of underhanded crap that makes insurence agencies hated. Since they get to define just about every noun in these paragraphs...its up to their discression to define what is and is not covered..

[Paul_E_D]

OK, Just a heads up, but it will take 2 years for this to settle. I hope you have the money to float in the meantime. Good luck, and just keep demanding everyhting you want. It might even be necessary to get a lawyer experienced with this system. Its a racket, and the ins. co. will just dick you around until you play ball (i.e. retain a lawyer that they know)

[McBiggity]

No. It's not underhanded. The policy defines each "noun" precisely. Tons of misinformation going on in here. If they decided 50/50, then nobody gets surcharged. And if you are making an injury claim against the other drivers policy you have 3 years to settle it. The property damage will be settled in a few weeks at most. If everyone is reasonable.

But what do I know. I have only worked in insurance for 11 years

[Sheppo]

He hit you. He is at fault. Don't settle quickly, get receipts for a replacement helmet and gear. Submit them. When I was hit I had my gear, loss of work ( financial ), Medical bills, Ambulance ride and bike covered. They also offered ( and I accepted ) an amount for pain and suffering. Your last resort and I am not a litigious person is to sue to recover your losses and I would imagine that would increase pain and suffering.



I was settled in under 6 months with no suit... but I didn't bend over and take the first offer either.

[Stoneman]

....as my agent refused to be useful in any way...

'...hi Mr. Insurance Agent, this is Manik. Help a brother out or I'm done with yooz...'

...I'm also filing a claim for work compensation as i'm not allowed to attend work for 1-2 weeks...

What does '...not allowed to...' mean exactly? And who said you're '...not ALLOWED to...'? Your physician? Emergency room tech? Chiropractor?

[Stoneman]

He hit you. He is at fault. Don't settle quickly, get receipts for a replacement helmet and gear. Submit them. When I was hit I had my gear, loss of work ( financial ), Medical bills, Ambulance ride and bike covered. They also offered ( and I accepted ) an amount for pain and suffering. Your last resort and I am not a litigious person is to sue to recover your losses and I would imagine that would increase pain and suffering.



I was settled in under 6 months with no suit... but I didn't bend over and take the first offer either.

Many have said that - don't settle. Keep on 'em and be a major pain in their asses. I was a thorn in their (and my agent's) side and ended up with a rediculous settlement in my favor when the smoke settled. It was some time ago, but I think I got like, $5000 grand for a 6-year old RF900R, $400 for helmet replacement and leather repairs. It wasn't pleasant, but I was persistent - more so than they...

[KnuckleBallz]

I'd recommend switching to Progressive after this. I haven't had to put a claim through, so I'm not 100% sure they won't be dicks, but their motorcycle policies cover up to $2k in accessories- this includes gear, aftermarket parts, etc.

[Paul_E_D]

Biggity, it might seem reasonable to someone who works in insurance, but it is NOT a reasonable system when you are the paying customer who has been hit, injured, wronged, traumatized, etc. only to be then fucked by your insurance co. if you don't lawyer up.

Not to mention that doctors are afraid to even treat you if you've been in an MVA for the very same reasons.

Pretending that the system is reasonable is quite a stretch, but then, if you haven't been laid flat by a car, you may not know just how fucked it is... I got my tin foil hat for when I have to deal with an agent.

[Manik]

No. It's not underhanded. The policy defines each "noun" precisely. Tons of misinformation going on in here. If they decided 50/50, then nobody gets surcharged. And if you are making an injury claim against the other drivers policy you have 3 years to settle it. The property damage will be settled in a few weeks at most. If everyone is reasonable.

But what do I know. I have only worked in insurance for 11 years

My injury claim is filed with his insurence no? they cover that.

[McBiggity]

I'm clearly the devil since I work in insurance. Get a lawyer and pay them for help and info. Good luck

[Manik]

'...hi Mr. Insurance Agent, this is Manik. Help a brother out or I'm done with yooz...'



What does '...not allowed to...' mean exactly? And who said you're '...not ALLOWED to...'? Your physician? Emergency room tech? Chiropractor?

As for giving up on the insurence agency, my claims adjuster sent me to the loss division for claims... the loss division sent me to my health claims adjuster, and she refered me back to the origional adjuster all claiming no knowledge of motorcycle accident cases, and telling me that they don't know how to put in a claim for property or bodily damage... They all then collectively refered me to the adjuster handling the case on the side of the other opperator....who seems intent on making this a single vehicle accident. only including myself. My adjusters seem just fine with it.

Not allowed by emergency room doctor + my primary care physician who required i set up a second meeting to check on healing breaks in bones and lacerations.

[Manik]

I'd recommend switching to Progressive after this. I haven't had to put a claim through, so I'm not 100% sure they won't be dicks, but their motorcycle policies cover up to $2k in accessories- this includes gear, aftermarket parts, etc.

Unfortunately progressive has a 25 year old age cut off...and as im 22 they will send me away.

[Stoneman]

Don't freak out, Biggy! To us consumers, insurance seems very sketchy. You can sugar coat it any way you'd like. But nothing will change that fact. It looks like Manik is looking to you for advice, asking questions to get a grip on what's going on...

What type of insurance do you sell?

[Manik]

I'm clearly the devil since I work in insurance. Get a lawyer and pay them for help and info. Good luck

Not entirely sure how you derived this from me response, but thanks for your previous input.

[Stoneman]

As for giving up on the insurence agency, my claims adjuster sent me to the loss division for claims... the loss division sent me to my health claims adjuster, and she refered me back to the origional adjuster all claiming no knowledge of motorcycle accident cases, and telling me that they don't know how to put in a claim for property or bodily damage... They all then collectively refered me to the adjuster handling the case on the side of the other opperator....who seems intent on making this a single vehicle accident. only including myself. My adjusters seem just fine with it.

You mentioned an agent specifically. If you were using an 'agent' I'd be all up in their shit 'til THEY worked a bit for their commission. Regardless, this would be my last dealing with this particular company....

Not allowed by emergency room doctor + my primary care physician who required i set up a second meeting to check on healing breaks in bones and lacerations.

Gotchya! I didn't realize you had broken bones & shit. I just wanted to be sure this wasn't some ER *tech* that scribbled down you need a coupla weeks of rest of some shit...

[McBiggity]

I don't sell. I have handled claims since 2001. Property damage, auto and bodily injury. I know the mass auto policy inside and out. It doesn't matter what I post here since people that don't know will tell him how it is.

Manik, if you want accident help and to understand what goes on after an accident then pm me with the details and I will tell you what I can.

For everyone else. Get a copy of your policy and understand it. It will only help you in the future

[Stoneman]

Don't freak out, Biggy! To us consumers, insurance seems very sketchy. You can sugar coat it any way you'd like. But nothing will change that fact. It looks like Manik is looking to you for advice, asking questions to get a grip on what's going on...

Not entirely sure how you derived this from me response, but thanks for your previous input.

See? SEE?

[Manik]

I don't sell. I have handled claims since 2001. Property damage, auto and bodily injury. I know the mass auto policy inside and out. It doesn't matter what I post here since people that don't know will tell him how it is.

Manik, if you want accident help and to understand what goes on after an accident then pm me with the details and I will tell you what I can.

For everyone else. Get a copy of your policy and understand it. It will only help you in the future

well i certainly value your input. The main problem now is the issue with getting things payed for. I was in no way at fault for the accident, and need to prove this in order to ensure that my time from work and property damage are covered, because they are not part of my plan, but are on his.
i can pm you specifics, but i think everything is in this thread? im not savy with insurence, and this is my first accident that has involved them. so my understanding is limited to what im currently experiencing.

[McBiggity]

Ok, here goes.
I may have missed the accident description but from what you are saying, seems like someone either pulled out or turned left in front of you. You most likely locked the front wheel and went down and may or may have not made actual contact with the other vehicle. That other vehicle will still be more responsible for the accident. You may have some comparative negligence assessed against you as you locked the front wheel (improper braking)etc...

You have collision coverage. Your bike should be covered at 100% of it's value. Not what you feel its worth, it's actual cash value. Your deductible should be waived.

Your gear will have to be paid under a claim against the other drivers Property Damage Coverage. Now they will pay for the gear minus whatever liability percentage they may have decided is on you. Again, this is negotiable as is everything in claims.

Your own Personal Injury Protection does not apply as you were on a bike. If you have Medical Payments coverage, that will help to paying for your medical bills.

Your Bodily Injury claim will go against the other drivers coverage. You were on a motorcycle so you are TORT from dollar 1 of medical bills. Once you are completed treatment and are back to where you were before the accident(or as close as you will get) then you submit your claim. This will include lost wages, missed time from work, pain & suffering. This claim is also negotiable. An attorney will negotiate for you and then take 1/3 of the settlement in the end.

The insurance company should be taking statements from all involved, looking at where the accident happened, and looking at any police reports. This is the information they will use to determine the liability.

[SteveM]

One point that is still not clear to me is whether you purchased the insurance through a local agent, a real person you can deal with face to face in their local office, or purchased it online.

This is a great opportunity to understand how insurance works at an early age and become a much wiser consumer in the future. Be persistent, but polite and professional at all times. This is business, pure and simple. nobody in your insurance company woke up looking for a way to screw you, or looking for a way to give their employer's money away.

Persistence, documentation and an understanding of the policy will be necessary for you. If you do not feel ready to handle this and your agent will not help you, an attorney may be necessary.

It would be my last resort, though.

[CEO]

I have heard of them saying they will only cover replacement of the mandated state equipment, which in MA is the helmet. Maybe they just were trying to compromise.

[KnuckleBallz]

Unfortunately progressive has a 25 year old age cut off...and as im 22 they will send me away.

Not true. I got it last year when I was 23. Unless they changed it since last March, you'll be fine.

[Manik]

Ok, here goes.
I may have missed the accident description but from what you are saying, seems like someone either pulled out or turned left in front of you. You most likely locked the front wheel and went down and may or may have not made actual contact with the other vehicle. That other vehicle will still be more responsible for the accident. You may have some comparative negligence assessed against you as you locked the front wheel (improper braking)etc...

You have collision coverage. Your bike should be covered at 100% of it's value. Not what you feel its worth, it's actual cash value. Your deductible should be waived.

Your gear will have to be paid under a claim against the other drivers Property Damage Coverage. Now they will pay for the gear minus whatever liability percentage they may have decided is on you. Again, this is negotiable as is everything in claims.

Your own Personal Injury Protection does not apply as you were on a bike. If you have Medical Payments coverage, that will help to paying for your medical bills.

Your Bodily Injury claim will go against the other drivers coverage. You were on a motorcycle so you are TORT from dollar 1 of medical bills. Once you are completed treatment and are back to where you were before the accident(or as close as you will get) then you submit your claim. This will include lost wages, missed time from work, pain & suffering. This claim is also negotiable. An attorney will negotiate for you and then take 1/3 of the settlement in the end.

The insurance company should be taking statements from all involved, looking at where the accident happened, and looking at any police reports. This is the information they will use to determine the liability.

Thanks. This was very helpful.
As for the accident, he did shut off my lane and leave me nowhere to go. i did my best to get around him on my right side (his drivers side) as he left me only a few feet. my back tire washed out putting me in a low side position facing his car. (The left half of my bike never contacted the ground, and before my bike could fall my front tire contacted his front tire, flipping my bike and i sideways effectively turning the accident highside). His rim was black from my tire. I wish i had photos of it, but i was down and the officers who showed didnt take any. I do have multiple people who witnessed the cars position in the road and the black rim, as well as the kid saying "i never saw him when i turned" and "he came from behind "that" truck" ("that truck" which he pointed to was my parents excursion which had of course shown up after the accident).
Current problem: he has informed his insurence that he stopped BEFORE turning, and that i simply went down along side him without impact. which is why they are withholding fault in the accident. His adjuster has told me its his word vs. mine.. my adjuster has not returned my calls.
I do have pictures of where my tires locked up, showing clearly that my bike was nearly on the curb when i hit them.. so the contact took place on the RIGHT side of my lane. i also have people who can attest to the position of his car .. including the emergency personnel who parked in his lane since he was no in it..
Are these things all admissible? can i send them in and simply clear this up?

[Manik]

One point that is still not clear to me is whether you purchased the insurance through a local agent, a real person you can deal with face to face in their local office, or purchased it online.

This is a great opportunity to understand how insurance works at an early age and become a much wiser consumer in the future. Be persistent, but polite and professional at all times. This is business, pure and simple. nobody in your insurance company woke up looking for a way to screw you, or looking for a way to give their employer's money away.

Persistence, documentation and an understanding of the policy will be necessary for you. If you do not feel ready to handle this and your agent will not help you, an attorney may be necessary.

It would be my last resort, though.

I do have a local agent. Im just not able to drive down there yet.. so ill be making that trip soon as my adjuster seems MIA.

- - - Updated - - -

I have heard of them saying they will only cover replacement of the mandated state equipment, which in MA is the helmet. Maybe they just were trying to compromise.

I thought that this would go without saying..as helmet must be worn....helmet is part of the bike. they dont agree. but its also only been 3 days.