Need help Understanding what We Get Paid for Auto Accident

Discussion in 'Auto Insurance Forum' started by Mapper, Aug 16, 2017.

  1. Mapper
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    Mapper New Member

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    My husband was in an accident with a car 10 days ago. It was the uninsured car driver's fault as they turned left from the right lane with no signal and cut him off on his motorcycle. He came away from it with the worst thing being a cracked metatarsal resulting in bruising and needing crutches. Witnesses' written statements put the car at fault saying the couple was seen arguing and not paying attention, even the one at fault attested to the same thing. However the faulty party didn't have insurance so we are using our collision insurance to pay for repairs.

    The adjuster came and looked at the bike yesterday and this is the estimate he sent my husband later in the day:

    Bike Value: 8893.43
    Max repair: 5655.43
    Cash out to you clean title: 5655.43-800.00 deductible=4854.43

    We are confused by this and my husband will need to call him later and talk with him, but I wanted help understanding what is going on. So the bike is under loan with about $10,000 left to pay on it. So is what they are offering above to repair it and not total it? Husband has GAP insurance as well. So are they saying they will pay the $4854 towards repairs and then GAP insurance will pay the remainder up to the bike's value? But that will still leave another $1200 or so left of the loan. Or will the $4854 and the GAP insurance go to pay off the loan and then the repair has to come out of our pockets? And what if it's totaled? Then is it a totally different scenario? Because they are saying he would get a clean title out of it.
     
  2. adjusterjack
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    adjusterjack Guru

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  3. entrep1776
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    entrep1776 Guru

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    Dang! Did you memorize the whole web? ;)
     
  4. adjusterjack
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    adjusterjack Guru

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    Well, not the "whole" web.

    I'm on several sites devoted to answering legal questions which often include insurance matters.

    Many people post the same question on different sites that I'm on and the details are easy to recognize and remember from one site to the other even when people sign on with different user names.
     
  5. djs
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    djs Super Moderator Moderator

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    Yeah, this is a bit confusing in the way it is worded, but it looks like the repair bill is well under the 'total' value so they are opting to do the repairs, rather than totaling the bike.

    This is why it mentions clean title, basically meaning not a salvage title.

    Your insurance company will send the bill to the other driver, but odds are, they will never pay, so you'll be out your deductible. I would look at filing a small claims court case for recovery of the deductible and any lost wages, doctors bills, whatever. You will get a judgement for it, but unlikely you'll collect anything, but it will protect you going forward. And by protect you all I mean is if later you decide you should have gone after the driver, the statute of limitations may come into play, by having a judgement, you won't have as narrow of a window.
     
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