Hello, I got a motorcycle which has been destroyed by a driver who is insured with AAMI, it was not accident, he run over it with his car....

Question Details: ...AAMI customer, run over my motorcycle with his car while it was parked in from of my house. Now, I am dealing with AAMI and arguing about the refund amount. They only want to refund me with how much is similar second hand scooter worth, but I am asking to replace it with new one or give me ho much I paid for it. The scooter was year old, but in great condition. Who is right ??? Please, help me. Thank you !

Asked 9/17/2009 under Auto Accidents | 160 View(s) | More Legal Topics

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Robert Kawamura / Kawamura Law Office Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Hawaii

You are entitled to be compensated in an amount that puts you in the same position you were in when the incident occurred.  This normally means the reasonable value of the motorcycle at the time it was damaged.  Unfortunately, this normally means the low blue book value.   However, you can negotiate a higher amount if you can get as many current sales ads for the same year model (features etc) and mileage motorcycle and then ask for the average price.  Send the ads to the insurance adjuster and they will often consider paying you more than the low blue book value.  You can find us at www.attorneyshawaii.com or call us on Oahu at 523-3777.

I am a lawyer in CT and practice in this area of the law.  The ijnsurance company is trying to get out cheap.  you need to find a book value of your scooter and present it to them.  if they fail to give you the book value, file a complaint in court and sue the person that hit you and use the book value to substantiate your claim.

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