My Motorcycle was parked and a Van backed over it..I am having trouble with the Insurance company..

UPDATED: Jun 20, 2009

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My Motorcycle was parked and a Van backed over it..I am having trouble with the Insurance company..

My 2001 Harley Davidson MC was backed over by a Van. The Damage comes to $6200.00 dollars..The Insurance co. wants to total it and give me 9000.00 dollars..I owe 9200.00 dollars..This means i will loose my bike and still owe 200.00 dollars on it..What can i do..My bike was in perfect shape before the accident and now i stand to loose everything..

Asked on June 20, 2009 under Insurance Law, Georgia


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Taking the $9000 might be the best of a bad group of choices.  I don't know how much there is that can be done about this.  I'm not a Georgia lawyer, and there are some variations in the law from state to state, and anyone would need to go over all of the facts to give you advice you can rely on.  One place to find an attorney is our website:

The fact that you owe more on the Harley than it's worth is a common problem -- and what you owe doesn't have any legal bearing on what you're entitled to recover.  In fact, if it could be repaired for $6,200, I'm a little surprised that the insurance company is offering to pay you the $9,000.  But if you were able to get them to just pay the repairs, you'd have a bike worth $9,000, minus the loss of value for having it bashed and repaired, and you'd still owe the $9,200.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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