» Sponsors
britishcustomsMotorcycle.com Classifieds!SportbikeTrackGearBikeBanditTriumphPerformanceUSASpringfield ArmoryRacerPartsWholesaleAnnitori DistributingTrident-Exhausts.comCycleGear.com

» Sponsors

AdvanstarMotorcycleShows
Please Visit our Site Sponsors Page

View Single Post
Old 10-23-2007   #8 (permalink)
Diego
Super Moderator
Site Supporter
Team Owner
 
Diego's Avatar
 
Join Date: Aug 2003
Location: Georgia mostly, Kansas sometimes.
Posts: 3,479
> Your insurance company should pay out to the full amount of what you insured your bike for, if you did !, and they should claim back the full whack from his company to his maximum.

I think Max is saying that the insurer of the person at-fault is solely responsible under Louisiana law, but that the other guy didn't have adequate property damage liability coverage. No subrogation of claims between insurance companies there, in other words. If that's the case, Max, your only alternative may be to go to court to try to recover full value from the other party.

If your own insurance company were paying the claim under your own collision coverage, they would declare it totalled, and want the bike and title for salvage anyway! And they would be perfectly within their right not to pay you a cent otherwise.

Whether the OTHER guy's insurance can legally do that for damage to YOUR property will depend on your state's liability laws. In my experience, GEICO tries to get out of paying full value, and sometimes has to be reminded of state law. Don't take any insurance company's word for it or sign anything yet. If you really, really want to keep the same bike, you need to check with a lawyer licensed in Louisiana (AFAIK, none of us here are ) to get a definitive answer on how it's supposed to work there, and after that, maybe discuss whether you have grounds to take the guy to court.
__________________
John
Diego is offline   Reply With Quote
 

Motorcycle News, Videos and Reviews
Harley Davidson Suzuki GSXR Honda 600RR Yamaha R6
Sportbike Forums GSXR Forum Honda 1000RR Yamaha R1
Sportbikes Forum Ducati Forum Kawasaki ZX R6 Forum
Motorcycle Forum Ducati Monster Kawasaki Forum R1 MessageNet

Powered by vBulletin® Version 3.6.10
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.