Sorry, I just posted this on the oh so loved "other" forum. I'm just trying to get as much input as possible.

Here's my story...

So, my friend just got into an accident today on the freeway on his less than a week old 848.

Story
On a 2-lane freeway, he was riding in the left lane (next to the center divider). The traffic was slow on the right lane and suddenly, a SUV (typical) pulled out and basically side swiped him, and just about wedged him against the divider.

He lowsided and hit the divider. The bike slid for a little too. Both were going about 60mph when it happened. Wearing full gear, minus riding pants. Arai Corsair helmet has a couple scratches, Dainese Leather jacket looks well worn in, and his A-Star boots look fine.

Injuries
Dislocated left shoulder w/ immobilizer. Dislocated right thumb w/ cast, (possible surgery), and some road rash on his knees/hips. So basically, he's worthless. Can't buckle a seat belt, dress his wounds (a girlfriend would come in handy here...), open a bottle, etc...

BUT...he's ok. His Arai saved his jaw/head. Absolutely no head injuries. I super recommend that everyone reading this go out and get a quality DOT/SNELL rated helmet. Spending a couple extra dollars on a good helmet is nothing compared to head trauma.

The driver that caused the accident was sited on the spot for improper lane change, and other witnesses were present. She also has insurance. Hopefully a really good one.

So...after all that reading, what would be some advice on:

Settling with her insurance?
Should he go to court/lawyer up?
Possibly buying back his bike if its totaled? (I want it bad...)
Any further words of knowledge/advice???

We're gonna go look at the bike tomorrow for the first time...I'll for sure post some pics.

I think what he's saying is if at all possible settle with her insurance, but if they're being unreasonable and playing hardass, then litigate.

I've never seen a insurance company come out and offer up the right amount. Save the time and headache and go get a lawyer. I made the mistake of thinking the insurance companies would be honest with me once, it's a mistake I'll not make again. Lawyer up and nail them for every penny, it's what they'd do to you.

Quote from: BlackDucky on July 04, 2008, 02:03:46 AM

He lowsided and hit the divider. The bike slid for a little too. Both were going about 60mph when it happened. Wearing full gear, minus riding pants. Arai Corsair helmet has a couple scratches, Dainese Leather jacket looks well worn in, and his A-Star boots look fine.

You should edit this to say "not wearing full gear, no riding pants ".  I hope he has a speedy rand full recovery.

Quote from: BlackDucky on July 04, 2008, 02:03:46 AM
BUT...he's ok. Arai makes awesome helmets. Absolutely no head injuries. Everyone here should NEEDS to throw away their $100 HJC helmets and suck it up to go protect your brains. $400 really is nothing compared to head trauma.

Arai are great helmets but don't fit everyone.  I think the best point is to wear a helmet that fits properly PERIOD.  Your head is worth the time to find proper head gear.

As for settling with the insurance company - it might be worth at least a consult with an attorney.  I wouldn't want to sign away any rights without at least knowing approximately where I stood legally.

Hope your friend has a full recovery and is out enjoying his ride again soon.

QuoteSave the time and headache and go get a lawyer. I made the mistake of thinking the insurance companies would be honest with me once, it's a mistake I'll not make again. Lawyer up and nail them for every penny, it's what they'd do to you.

+1.  Your settlement amount will be comprised of an amount for the damaged bike, your medical bills, plus pain & suffering.  Your medical bills and bike will be paid to you for sure.  They'll try to take advantage of your lack of knowledge by paying you very little for the third category (pain and suffering) but you'll think its a lot.  You can try to get a written offer from them and THEN go to a lawyer and tell the lawyer he is entitled to a percentage of whatever he collects over the amount you attained yourself.  Otherwise your lawyer will be getting paid a bunch of money for nothing.  BUT you might ruin things if you don't know what your doing.  Your recovery amount for pain and suffering is proportional your medical cost amount.  So if you had a lot of pain but no medical bills then you don't get squat.  Good luck.  Don't even try to "consult" with a lawyer because they won't tell you anything unless you pay up.  Also if the SUV driver had Mercury insurance that won't help because they are widely known for low balling...ask me how I know. 

Quote from: BlackDucky on July 04, 2008, 02:03:46 AM

BUT...he's ok. Arai makes awesome helmets. Absolutely no head injuries. Everyone here should NEEDS to throw away their $100 HJC helmets and suck it up to go protect your brains. $400 really is nothing compared to head trauma.

A helmets quality is not based on the price. The impact standards for all of them are the same (DOT and Snell). What's important is having one that fits properly.

ok...I edited the helmet part of my "rant".

I personally have 2 Arai's also (never had to test them ), and have seen/heard stories of poor quality HJC helmets and their repercussions.
But just having a good quality/well fitted DOT/SNELL rated helmet is key...

Going to try and find the bike today, so I'll put some pics up tonight.

HAVE A FUN JULY 4TH!!!