So my bike's being Totalled by the other party's Insurance Co.

[TheGoodGuy]

So you know I got hit by an elderly person old taking a left turn into a parking lot. I got hit on my left leg. The boots saved me. I went to ER and nothing major happened to the leg (no broken bones) however the area was red and sore and hurting for days.

Anyway the insurance company is trying to get off easy.. I need to figure out how much more to get them into it. Also what is the solution to fixing the problem.
My bike is a 2001 GS 500 and this is what they are offering.

$2525.00 = Actual Cash Value
$ -450.00 = Less Salvage retention
--------------
$2075.00 = Taxable Amount
$  171.19 = Sales / Lease Tax (8.25%)
$    15.00 = DMV Transfer Fee
$    17.00 = Salvage Certificate Fee
---------------
$2278.19 = Net Settlement


My Kaiser ER fee was $50, my medication was $20, my post ER visit was $20, and I am sure Kaiser would like to recoup their ER costs (how does one go about getting that). My boots definitely need to be replaced due to paint from the car on my boot. I also need to figure out how to get them to pay for 'pain and suffering' (as a friend calls it), I did not take off from work due to me being on a important project. However I should have taken 3-4 days bed rest (without moving my leg) but that didnt happen. So how does one going about that portion. Also how does one determine Bluebook value?

Needless to say if they settle the bike, what should I do? Cash out and buy a new bike. Buy it back (if so how) and fix it. Or buy it back and part it out and then buy a new GS. The bike has a lot of mods that I know folks here on GStwin would love to get their hands on. Ignition Advancer, Progressive Springs and Katana Shock, Modified Carbs, JeffD LED tail lights etc.

I am enclosing pictures of what the bike looks like today in the shop.

[The Buddha]

For pain and suffering you prolly need a lawyer.
The bike value, they sometimes average the market prices from ads etc. Cos I got 1500 for a 10 year old bike, and book was at 1100.
Kaiser should just be notified (better yet, tell the ins Co that you are letting kaiser know unless they pay up more for pain and suffering).
Cool.
Buddha.

[nopi08]

The ins company isnt going to settle the BI bodily injury portion of the claim until all your medical visits ect are done and they review the doctors "soap notes" if they feel the need to and then they will try to negotiate an amount with you that includes all your bills and pills AND your Pain and Suffering.  Just dont expect huge amounts in pain and suffering if your didnt have SERIOUS injuries such as broken bones ect....but you will get something but not like $5000.  Your boots need to be brought to the attention of the claims adjuster handling your claim b/c this needs to be in with PD portion of the claim against the other parties insurance.This is how we did it at Progressive......By all means if your not satisfied with what they are offering you for your bike dont cash their check b/c the word full and final settlement for yada yada property damage will be on there.

[tripleb]

I asked my fiance about this, who is an attorney.  She said she doubts your hospital visits only cost $20.  Maybe your copay was $20, but you shouldn't go by that.  You should ask that the hospital charge you the full amount and not your insurance company so the old lady's insruance pays for your injuries, not yours.  Her insurance will have to reimburse you.  You don't have to go this route, but you definitely can.

Also, as far as the pain and suffering, you just request a certain amount and if it's reasonable, they should pay it.  You can justify your request with a spreadsheet on missed work, etc.  If not, then you should get an attorney to ask for it in writing and her insurance company's tune will change real quick.

I'm not sure about what to do with the bike, but if you had it towed technically you can get it out I think since it's your property.  Her insurance company is replacing your bike, not buying it from you.  You could probably fix it up if it's not beyond repair or part it out.  If it has parts that are in good shape, than it's definitely worth it to get it out of impound to part it out.

[TheGoodGuy]

I should note that the bike is being totaled due to the bent subframe (check pictures). How easy is that to fix. It seems its just a bent frame - any racers know? Also I have to figure out how to total out the mods that should be part of the bike.

I am going to call Kaiser and see what I need to do with them. Also it turns out the value on the bike they put is based on a bike sold in FL and TX. I should be looking at bikes in CA for that.

Anyway I still dont know how to approach all this? I will call kaiser today and see what they say. But this is going to be a pain in the arse to figure out whats next.

I really dont want to lose the bike (i love it), but if I do i got to figure out how to keep the licence plate at least.. for the next bike.

[Yev]

Hmm.. shitty situation. Hope everything works out.. I am pretty sure you can get more money for the bike/suffering.. If anything, get another GS and just part this one..
I have no idea how you would go about getting the bike back though.
If you do get it back, part some stuff my way 

Good luck.

[TheGoodGuy]

so i talked to the insurance company.. it turns out the money given is totalling the bike with a salvage title... however.. I get to keep the bike.

So this is good news.. cause i really want to keep my bike ..

So how easy is this frame thing to fix?? how much is it going to run me?

[nopi08]

I asked my fiance about this, who is an attorney.  She said she doubts your hospital visits only cost $20.  Maybe your copay was $20, but you shouldn't go by that.  You should ask that the hospital charge you the full amount and not your insurance company so the old lady's insruance pays for your injuries, not yours.  Her insurance will have to reimburse you.  You don't have to go this route, but you definitely can.

Also, as far as the pain and suffering, you just request a certain amount and if it's reasonable, they should pay it.  You can justify your request with a spreadsheet on missed work, etc.  If not, then you should get an attorney to ask for it in writing and her insurance company's tune will change real quick.

I'm not sure about what to do with the bike, but if you had it towed technically you can get it out I think since it's your property.  Her insurance company is replacing your bike, not buying it from you.  You could probably fix it up if it's not beyond repair or part it out.  If it has parts that are in good shape, than it's definitely worth it to get it out of impound to part it out.

Not completly accurate.  If the insurance company is going to total it, they are essintially buying it from you even though they are paying you to replace it with a smililar.  The insurance company will own it and take the tiltle, unless he pays them for the salvage which is a portion of the money the inusrance would recoup by taking it to a salvage yard.  It seems like that is the case since he is keeping the bike.  Theres no was to have"two bikes" unless he gives up that 450.oo for the salvage.  Whoever you get to try to fix that bike they need to know what they are doing because I am assuming that a bike has to be inspected like a car when you are rebuilding a salvage title.  Most insurance adjusters could care less if you have an attorney or not because unless someone died or require constant care for the rest of their life, it will be settled between the adjuster and the attorney.  I know I could care less.....

[erbilabuc]

Uhmm I dont know about the whole body injury stuff but I can tell you that every piece of gear/clothing you were wearing during the crash needs to be replaced and this is no joke.

helmet, pants, boots,gloves, shirt, underwear and socks.
This is not a car accident and it seems like they are trying to handle it as such. Tell them you want your gear replaced
Also that subframe doesnt look that bad really. You could just get a welder (I can give you the number to a guy in LA that does awesome work) to put on a suframe from a different motorcycle if you want.