Bike Accident (not me) need advice...(long read)

[Daniely]

Well, my buddy Mark was sitting at a light on his 2003 Yam R1 Raven. Beautiful bike, but thats besides the point. Hes sitting there and gets rear ended by a dirtbag in a Chevy S-10. The guy not only rear ends him, but proceedes to not stop after impact, but rather continue idling pushing his bike further under the vehicle in front of him. Mark bailed as soon as he felt the impact, wasnt very fast, the guy just was slowly pushing him (says it was an accident, whatever). Hes OK.

(I have some pictures on my phone but no way to post em ATM, if someone would like to do it for me I can txt em to ya, just PM me your #)

Well said scumbag has no insurance, and tries to pay off my buddy on the spot. Mark calls me, I tell him to call the cops, he says he cant cause of the insurance issue with f%$knut. So I tell him to get all the info he can on the guy and his truck, dont let him leave and ill be there shortly. I get there to the scene just off the side of the road, buddy's bike doesnt look to bad I'll list the visible damage in a bit.

Well after going back and forth the guy tries to give my buddy $270 bucks, I say dont do it, it wont cover 1/10th the damage to the bike and hes off scott free....then the cops show up. Sergent on duty said he drove by and saw us sitting there so he flipped around, im very glad he did. He ran scumbags name, and hey guess what, HES A CHILD MOLESTER!!! He had 3 Felony warrants out for his arrest. They chuck him in the back of the police car like hes on fire, and get our statements. Buddy wont get anything from him now. Hes going to persue legal action (declaration, damage estimate, and lawsuit) but f%$knut doesnt have anything im sure, and hell prolly jump bail., but thats another story.

Anyways, Mark found out he has 15000 uninsured motorist and 500 deductable. He's worried they are gonna total the bike, and its his ONLY transpo. He borrowed my other bike (2002 V-Star 650 Custom) until we figure out what to do with his, its sitting in my garage. I want him to take it to a shop and try and work with his insurance to get it fixed and still sue the guy. What do yall think?

Sorry for the long read....

Damage list (visible):

Tail fairing is trash broke in a few pieces
Subframe is bent almost positively
Rear hugger broke
Rims possible bent, from rear impact/push and front impact/push
Both side fairings scratched, right side hit ground, left side got pushed under car
Headlight scuffed
Fairing Stay broken
Case cover scratched

I am wondering with that much damage if they will total it or replace it, I know they will want everything brand brand new, but how much can he work with them on what gets replaced and what doesnt?

[SIKDMAX]

So what if they total it - he has first right or refusal on it - buy it back! Usually 10-20% of KBB value - hell get paid out on it (Or out from under his loan) and be able to buy it back for a fraction of the price !

[Daniely]

Hes worried he may be upsidedown on the loan, he paid a rediculous price from a former friend that took advantage of him. Insurance will only pay what they feel it is worth, be it KBB or what, not necissarliy what he owes on it, I should have specified, sorry .

I'm going to try and talk him into taking it for an estimate and then turning it over and waiting for the verdict. If they fix it GREAT!, if they Total it and pay it off GREAT!! Hell Ill buy it back, if they want to total it and only pay off less than is owed, then see if they will work with him on what gets fixed.

[DoD#i]

The way it should work (which may have some relationship to how it does work):

Buddy files under uninsured motorist.

Insurance company hopefully pays.

Insurance company's lawyers get to deal with suing uninsured scumbag. Buddy ignores scumbag and does not have to deal with him.

While I whine and carp about collision and comp, and don't carry them (poor ROI) I do carry 50K of un/under-insured motorist. Don't cost much, and it's my butt they are covering.

Also - while you might choose to make a cash deal on a very minor fender bender (I've done it as the insured bender - I paid to fix the fender, which was a hell of a lot cheaper than having insurance cover it and then paying higher rates for 3-5 years afterwards) you don't "not call the cops" on any real accident, it makes big trouble (no accident report? No payment!) - and as you found out, there may be other issues in play. If "you got hit by an uninsured motorist" get the cops there, haul their butt to jail, and get lawyers (your own or your insurance company's) at work making them flat broke.

...which should help to explain why you want to be carrying liability insurance, in case you are ever the one that hits someone else. Even in taxachusetts it's sub $200/year - many places under $100.

[SIKDMAX]

Not having GAP insurance on a loan = FTL

[yamahonkawazuki]

also get a quote on reduced value ( if repaired, its a little used $$$ from insurance. cause once a vehicle is damaged in a collision, its value goes down. ALSO your friends insurance, will go up. ( for around a year) while his insurance tries to coolect from the perp. BUT damn man, KUDOS to your friend, and  you as well. with both of yalls perseverance, and wit, and such both yall got a f%$king bastard ass perv off the street  . many thanks on that, 

[spc]

UM is required with liability in some states and a lot of people don't even know they have it as an option.  If your friend has a policy with a company that has accident forgiveness, I would definitely about that if the bike ends up totalled.  A totalled vehicle never looks good on the insurance report regardless of fault. 

[bettingpython]

Uninsured motorist coverage applies to bodily injury only. Your uninsured motorist coverage will protect you from hit-and-run drivers. It covers you for injuries sustained while in your car or as a pedestrian when hit by an uninsured driver. It does not cover damage to your vehicle.

If you don't have collision your screwed.

[natedawg120]

Uninsured motorist coverage applies to bodily injury only. Your uninsured motorist coverage will protect you from hit-and-run drivers. It covers you for injuries sustained while in your car or as a pedestrian when hit by an uninsured driver. It does not cover damage to your vehicle.

If you don't have collision your screwed.

As far As I know this is incorrect.  In my state uninsured/under insured insurance covers you and the vehicle up the the limit on your policy.  I was involved in an accident with an uninsured motorist shortly before I came to college and my insurance company paid for my hospital bills and got me a new car, then my insurance company sued the shaZam! out of the bastard that ran the red light nearly killing me and my GF of the time.

[Daniely]

Thanks all so much, here is an update:

Mark (said buddy) had GAP, so even if he was upsidown (he owes $5100) it gets paid off if its totalled.

As far as calling the cops, I kept trying to get him to, but he kept refusing, which is why I went over to the scene asap. I am VERY VERY glad the cops did show up. Ended up that 2 of the 3 officers that were present were riders as well, he even said he was going to favor us which was GREAT. Scum bag goes to jail, but for different reasons. THANK GOD!!! He had 3 warrants out for his arrest for child molestation. I dont know what its like elsewhere, but in our area, when you go to jail for that, you dont come out. You either do ALOT of time, but you dont usually live to make it out. Oddly enough, the other offenders in jail, yea they dont like child molesters .

Anyways, the adjuster is supposed to call back today or tomorrow, and I already helped him pick out a stand up shop in the area to take it too. I have pretty much convinced him that reglardless of what insurance does, we can get the bike back and running in either factory new condition, or with a salvage title and he wont owe anymore money. He's accepted whats gonna happen and his insurance may get him a rental for the time being too.

All is well in life, and a dirtbag is behind bars for a LONG LONG time.

[bettingpython]

Direct from state farm.

"Unisured Motorist

This coverage pays for damages when a covered person is injured in an auto accident caused by a driver who does not have Liability Insurance

In some states this coverage may also pay for property damage.

This coverage varies by state and depends upon policy provisions."

It depends on what state you are in as to what it covers. In my state it is medical only

[Daniely]

His Uninsured motorist will cover his bike. His company already has stated that, here in Cali anyways. So hes all good there.

[natedawg120]

Direct from state farm.

"Unisured Motorist

This coverage pays for damages when a covered person is injured in an auto accident caused by a driver who does not have Liability Insurance

In some states this coverage may also pay for property damage.

This coverage varies by state and depends upon policy provisions."

It depends on what state you are in as to what it covers. In my state it is medical only

yeah, i forgot to throw in the blurb that the state you are in makes a difference but here in VA it covers everything up to the cap on your coverage.