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

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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

Answers:

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

Answered 12 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: http://attorneypages.com

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.


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