As a motorcycle rider, you may have some strong feelings about your bike and the experience of riding it in the open air. However, everything you love about your bike can be jeopardized when a negligent driver hits you.
When a motorcycle accident happens, you are likely to suffer serious injuries, and you may need rehabilitation to get back on your feet. You may also find that your bike is not repairable or that repairs are more than the value of the bike. What happens next depends on a few circumstances.
When you are in a motorcycle accident caused by another driver, you have the right to pursue financial compensation from that party for the losses you incurred. Moreover, depending on the case outcome, you can recover damages for repairing or replacing your bike.
Sometimes, insurance companies may total it, meaning they do not want to pay for the repairs. We discuss more below about what happens in these situations.
Remember that after a motorcycle accident, it is always wise to hire a motorcycle accident attorney in Bakersfield who has extensive knowledge of your rights and the compensation you deserve. Each situation is very different, and with the help of an attorney, you can have peace of mind because they will protect your legal rights.
What Does It Mean When the Insurance Company Totals Your Motorcycle?
Whenever you are in a motorcycle accident that an insurance policy covers, insurance companies will decide what happens to the vehicle. Specifically, they will evaluate what happened to the bike, the overall condition, and, most importantly, the cost to repair it.
Insurance companies will then determine if it is more affordable to pay you what the bike is worth or cover the cost of fixing it.
Repairs are often cheaper in minor accidents or when the motorcycle has limited frame damage. In more significant accidents, they may deem fixing the bike too expensive or impossible because the repairs needed to return it to its pre-accident condition are more expensive than its actual cash value. If insurance companies reach that conclusion, they will total the bike.
Why Do Insurance Companies Total a Motorcycle?
If you are one of the many people who spent years on the back of your bike, building it, revising it, and maintaining it, the thought of just tossing it into the heap to replace it does not seem right. You have to think about this from the insurance company’s point of view, though. It wants to save money and pay for whatever is least expensive. More so, if your bike has extensive damages, the repairs may be complex and still make it unsafe for you to operate. That puts the insurance company at future risk.
Some of the most common reasons insurance companies will total a motorcycle include the following:
- The extent of the damage: If the bike has considerable frame damage or numerous unsafe components, the insurance company will likely total it. When the motorcycle has structural damage, the company may determine it is too much of a safety hazard to repair.
- The age of the bike: There may be some situations where the age of the motorcycle plays a role in why they total it. For example, suppose the bike is old and no longer valuable, perhaps because of wear and tear through the years. In that case, it is less expensive for the insurance company to pay the actual cash value of the motorcycle instead of trying to repair it.
- The parts are hard to find: For those with a custom bike or very hard-to-find components, it may be impossible for the insurance company to restore the bike to its condition before the accident for an affordable rate. They may then elect to total it and pay you what it was worth before the accident.
If they decide to total the motorcycle, you will likely get paid the bike’s actual cash value, which is the value it had just before the accident.
Determining the Value of the Motorcycle
Motorcycles are like cars in that the current market price of the bike in its condition represents its value. The motorcycle may be extremely important to you because a family member or loved one may have passed it down or you have put a lot of custom work into it. Unfortunately, insurance companies do not see that as a viable factor in determining value.
Instead, they use market conditions to determine the value of the bike. These may include:
- The current market for the same bike
- The make and model of the vehicle
- The bike’s age
- The number of miles on the motorcycle
- The condition of the bike before the accident
- Any upgrades or modifications you made to the bike (if you added them to the policy)
Any time you have customizations added to a motorcycle, it is critical that you alert the insurance company about this upgrade. If these are expensive upgrades, such as adding a custom exhaust system (and making the bike more valuable), you will only receive extra coverage if the insurance company notes the upgrades in the policy.
The insurance company will likely provide you with a value for the totaled bike. When this value comes in, you may believe it should be more, and it may be very much off of the actual value of the bike. You should seek a motorcycle accident attorney’s guidance before accepting any settlement.
How Can You Maximize the Value of Your Motorcycle Claim
You have the right to accept the claim settlement the insurance company offers. However, if you are seeking maximum compensation, it is always best to contact a motorcycle accident lawyer. They can ensure that insurance companies are not taking advantage of you in this process.
There are several steps a seasoned attorney can take to help increase that value. To do this, your lawyer will look at all evidence in the case to factor in the actual cost of the bike. Some ways they can do this include the following:
- Get a secondary appraisal of the bike from a third party. Having a motorcycle expert look at the bike can be a better way to document its value. To do this, you must ensure the appraisal professional has no bias toward you.
- Look at current bikes for sale in your area. Another option is to present facts to the insurance company, documenting the current cost of a bike like your own on the market. That may help prove the bike’s value over and above what the insurance company has offered.
- Document your investments in the bike. You can also demonstrate the added losses you have in the bike, such as those upgrades you made to the lights or special features you put into it that raise the value.
Also, consider classic bikes carefully. If your bike is a classic or a collector’s bike, you should continually update your motorcycle insurance policy to reflect this. Most of the time, as a bike gets older, it will lose value because of the age. However, for vintage bikes (over 20 years old), you may need specialist insurance that considers the value added due to the age and condition of the bike.
What If You Want to Keep the Bike?
Before you decide to keep the motorcycle, know what you are facing. First, insurance companies will likely pay you less if you keep the bike. Second, they will issue a salvage title on the bike, which means you cannot sell it to anyone else, and you likely cannot get insurance on the bike at any time in the future.
What to Do If You Disagree with the Value of the Motorcycle After a Claim
After a motorcycle accident, there are several steps you need to take to report the accident and file a claim for damages. Once you do that, there are many things to keep in mind.
- Wait for the adjuster to provide you with a quote. The insurance adjuster will assess the damage to the motorcycle for you and then determine the actual cash value. If you have a unique bike, request that a motorcycle expert value it. For example, the insurance company may not know much about the various brands.
- Review your settlement offer. Once insurance companies total the bike, they will provide you with a settlement offer. It is the amount they will pay you depending on your bike’s actual cash value before the accident. If that applies to your situation, it will reflect a deduction for your deductible.
- Consider negotiations. It may be possible to provide some basic information to insurance companies, such as a copy of the features you added to the bike, to get them to increase the value. Negotiations are possible, but only if you have the evidence to back them up.
If you still do not agree with the compensation offered on your totaled motorcycle, or if you also have injuries from the crash, you should contact a motorcycle accident attorney. There are several ways an experienced motorcycle accident lawyer can help maximize your claim and work to prove that you deserve more compensation for these accidents.
How a Motorcycle Accident Attorney Can Help You After the Accident
Remember that you likely have far more losses than the bike’s value in a motorcycle accident case. A motorcycle accident attorney will work closely with you in these situations to determine your losses. There are several key ways they can help to do that:
- An attorney will handle the claim process. Instead of waiting for them to provide you with a settlement offer, a skilled motorcycle accident lawyer will ensure the claim you submit is comprehensive and includes all potential losses you deserve for your bike and other losses you have.
- Lawyers negotiate with insurance companies. Attorneys know that insurance companies often do not offer the best offer first, and they have the experience to deal with them to drive up what they end up paying you.
- An attorney can pressure insurance companies. If insurance companies are not being fair and you do not want to settle, you can expect a motorcycle accident lawyer to work hard to get them to increase their settlement, even filing a lawsuit if that is what it takes.
Your lawyer will be open and honest with you about your case and losses. They will not tell you that your bike is worth more than it is or that you can get a certain amount from the insurance company. Instead, a lawyer will work to maximize all components of your claim from the evidence available. They can also seek full compensation for your pain and suffering, emotional turmoil, or other losses that may help make up for the totaling of your motorcycle.
Let A Motorcycle Accident Attorney Provide You with Guidance on Your Rights
When you learn the insurance company wants to total your bike, know you have options. Contact a motorcycle accident attorney now to find out what those options are, and let a legal team go to work building your case and claim. Reach out today to set up a free consultation to start the conversation with an experienced motorcycle accident attorney.
Motorcycle Accident Lawyer, Mickey Fine
One of the key benefits of consulting a motorcycle accident attorney is their experience in personal injury law. They thoroughly understand the rules and regulations specific to motorcycle accidents, including the unique challenges riders face. This knowledge allows them to assess the strength of your case and develop a strategy to maximize your chances of obtaining fair compensation for your injuries and damages.
Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case and secure a settlement. They will do their best to get you the compensation you deserve because their fee depends on it. You will not owe them anything if they do not win your case.
In addition to their legal experience, a motorcycle accident attorney can provide you with valuable guidance throughout the entire legal process. Having a knowledgeable Bakersfield personal injury attorney by your side can alleviate significant stress and ensure that you make informed decisions at every step.