Progressive totaled my 2021 Harley Road Glide Special after a left-turn driver pulled across my lane (his carrier accepted liability at 80/20) and their ACV valuation is $4,300 below every comparable bike listed within 300 miles. they also denied my $2,800 of riding gear as "personal property," the at-fault carrier wants to cut my medical bills 20% for "speed" based on nothing but their insured's statement, and i have $50k of UIM coverage i am afraid to touch because of consent-to-settle language. how do i fight the valuation and sequence three claims without blowing up my own coverage?
eight weeks out from the crash and i am now managing three separate insurance claims with a plated wrist, so i am bringing the whole situation to this community because every answer i find online covers one piece while quietly assuming the other pieces do not exist. left-turn crash, the single most common motorcycle accident there is, and somehow every part of the aftermath still feels custom-built to be confusing.
the crash: early may, georgia, two-lane state route through town, i am northbound with no traffic controls in my direction, and a driver waiting to turn left across my lane... turned left across my lane. classic left-hook. i had maybe a second and a half. laid into the brakes, hit his front quarter panel, went over. broken right wrist (surgery, plate and six screws), road rash, and a totaled 2021 Road Glide Special with 9,400 miles that i bought new and babied. police report cites him for failure to yield. his carrier accepted liability but at 80/20, holding 20% on me for "traveling above the flow of traffic," which as far as i can tell is based entirely on their insured's statement, because there is no reconstruction, no skid analysis, no witness saying i was speeding, nothing. the responding officer estimated nothing about my speed in the report.
claim one, the bike, through my own collision coverage (Progressive): their total loss valuation came in at $18,200. i have spent two weeks pulling comparable listings, and actual 2021 Road Glide Specials with comparable miles are listed between $21,500 and $23,800 within 300 miles of me. the valuation report they sent has problems i can identify even as a first-timer: two of the five "comparables" are base Road Glides, not Specials (different trim, meaningful price difference), one comp is 900 miles away in a different market, one has a rebuilt title mentioned right in the listing text, and there is a "condition adjustment" of negative $1,900 applied by someone who never saw the bike before the crash. it also gives me effectively nothing for the Stage II kit, the exhaust, and the luggage, roughly $3,400 in documented adds with receipts.
claim two, the gear: helmet ($650, destroyed doing its job), armored jacket, gloves, boots, about $2,800 in gear altogether, all of it either cut off me or ground down the asphalt. Progressive says gear is "personal property" and not covered under the motorcycle policy. the at-fault carrier says to submit the gear "with the bodily injury settlement," which as i understand it means i wait until the injury claim resolves, which could be a year-plus. so a helmet that did exactly what it was designed to do is currently nobody's line item.
claim three, the injuries: wrist surgery, hardware, PT scheduled for months, bills already past $35,000 and counting. his policy limits are $25,000 (georgia minimum, of course). the adjuster has already floated that any settlement would be reduced 20% for the comparative fault. i carry $50,000 in UIM coverage on my own policy, which everyone told me to buy and i am glad i did, except my policy has consent-to-settle language and something about subrogation that i half understand, and i have read enough horror stories about riders accepting a liability check and accidentally destroying their own UIM claim that i am afraid to cash anything, sign anything, or say anything until i understand the sequence.
the questions, numbered, because this community's expert answers on numbered lists are the reason i am posting here:
(1) how do i actually rebut a total loss valuation report? is there a format that works - my own comps package, and if so what makes a comp legitimate (trim, miles, distance, listing vs sold price)? and do the wrong comps in THEIR report (wrong trim, rebuilt title, 900 miles away) get challenged item by item?
(2) my policy has an appraisal clause. does appraisal apply to total loss valuation disputes, what does it cost for a motorcycle, and is it worth invoking over a gap of $4,300 or is it a tool designed for bigger numbers?
(3) the aftermarket equipment: $3,400 in documented adds with receipts. does that get recovered inside the ACV argument, through some accessory coverage i should have known to buy, or from the at-fault carrier as part of property damage?
(4) where does riding gear actually get paid? Progressive says not the bike policy, the at-fault carrier says the injury claim, and i have seen people mention homeowners/renters as a third possibility. is there a correct answer, and does parking it in the BI claim mean it also takes the 20% comparative haircut?
(5) how do you fight a comparative fault percentage that has no evidentiary basis? their insured says i was fast, the citation went to him, the officer estimated nothing. is 80/20 just an opening position i am supposed to negotiate, and does the "above the flow of traffic" framing have any actual legal weight in a modified comparative negligence state?
(6) the sequencing question, the one that scares me: with $25k limits, $35k+ in bills, and $50k UIM, what is the correct order of operations? do i settle with the liability carrier first and then open the UIM claim? what exactly does consent-to-settle require me to do, when, and in what form? and what actually happens to my UIM claim if i accept the $25k without my own carrier's written consent first?
(7) i also have $5,000 medpay on my policy, which has been quietly paying toward bills. does medpay get subrogated back out of my eventual settlement, and does that change whether i should even use it?
(8) honest threshold question: at this injury level (surgery, hardware, months of PT, likely permanent partial range-of-motion loss) is this still a DIY-able file for someone willing to do the reading, or is the three-carrier structure plus the UIM layer the point where a contingency fee stops being a cost and starts being cheap insurance against me stepping on my own claim?
i have the police report, the valuation report, all receipts for the bike adds and gear, all medical records so far, and photos of everything including the gear. eight weeks in, wrist in a brace, bike in a tow yard accruing storage fees which is apparently its own little side quest. tell me how this one is played.
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