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 Posted: Sun Nov 11, 2007 1:57 pm Post subject: Question About A Motorcycle Wreck |
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I wrote in another thread that the insurance company of an errant driver who rear ended me used CCC to determine the "Actual Cash Value" of my vehicle, and I inquired if I should also ask for tax.
Well, the insurance adjuster has sent me a form to sign and have notarized and then mail back to them, giving them "power of attorney." The adjuster instructed me to mail the form back to her with any other keys I may have and then she would release the check to me for the "Actual Cash Value" as determined by CCC.
First of all, I'm not in agreement with the "Actual Cash Value" as determined by CCC, due to them not including tax in the figure and also not taking into consideration the additional accessories I had installed...so I plan on calling the adjuster tomorrow (Monday) morning.
Also, what is the purpose of me signing paperwork giving the errant driver's insurance company "power of attorney" in order to release the insurance check?
I might also add that the vehicle I was driving was a motorcycle, not a car.
I was riding my motorcycle, actually going down the road at about 30 miles per hour, when a 20 year old girl in a Honda Accord rear ended me...knocking the motorcycle 120 feet down the road, totaling it.
Incidentally, she was deemed to be completely at fault by the police officer and received 2 citations. Swas also ticketed for not wearing her seat belt.
I was very lucky I wasn't killed or maimed for life.
I was wearing full gear...Kevlar armored jacket, full coverage helmet, etc.
Even with the gear, I got banged up quite a bit and received a grade two concussion from hitting the pavement...hard, but no broken bones.
My Kevlar jacket, helmet, and even the wrist watch I was wearing that day were ruined, and I plan on asking the adjuster to compensate me for those also.
I would appreciate any and all answers, suggestions, and advice concerning recovering property damage from the driver's insurance company.
Also, I would appreciate any advice concerning the "power of attorney" that her insurance company is requesting that I give them in order for them to pay me.
Here is a picture of my wrecked motorcycle after being slammed into from behind by the car.
Regards,
-Ward |
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WardCleaver
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| Posted: Sun Nov 11, 2007 8:21 pm Post subject: |
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Oh my gosh Ward! (how's June, Wally and the Beav by the way?  ),
Did you read the reply to your other post? I addressed the sales tax in that one. I'll find it and post it when I'm done here.
| Quote: | | Well, the insurance adjuster has sent me a form to sign and have notarized and then mail back to them, giving them "power of attorney." |
Somewhere on the form it should say who or what the POA is to be used for. For instance body shops have POA's signed so that they can endorse the checks/drafts if they are made payable to the shop AND the owner. And it says clearly on the POA that this POA is for THAT purpose ONLY. If it doesn't say, I'm a little confused too, I'm guessing it is for the title, so they can sign it or correct it and sign it if it gets messed up, or if your state still requires odometer statements.. At any rate look real good and see what it's for. I wouldn't sign it unless and until it stated CLEARLY what circumstances it can be used for. Is that the only form they sent? I'm not understanding for sure if that's the case or another form came along with it? But really don't think you should sign it at all if you are not in agreement...
| Quote: | | First of all, I'm not in agreement with the "Actual Cash Value" as determined by CCC, due to them not including tax in the figure and also not taking into consideration the additional accessories I had installed |
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Ok, first the sales tax likely won't be included in the ccc evaluation anyway, it may be include in the draft you get, but wouldn't be on the evaluation necessarily. What (exactly) are the additions that they are not allowing toward your value? Have you checked any other sources to determine a value on your own? Or is your only dispute the aftermarket things you have on the bike? You should spend some time today researching the value of your bike, (if you are disputing the acv totally not just the a/m parts), get a couple of sources then I would also recommend that you contact a couple of dealers, tell them the exact specs and get their honest opinion. Be sure and write down names, phone numbers etc.
Call the adjuster tomorrow morning with all this info, and see if they will change the value based on this info (they'll have to double check you of course).
| Quote: | | My Kevlar jacket, helmet, and even the wrist watch I was wearing that day were ruined, and I plan on asking the adjuster to compensate me for those also. |
They owe you for all of that, while researching your bike value would be a good idea to find values on these items as well unless you still have the receipts.
| Quote: | | I was very lucky I wasn't killed or maimed for life. |
You certainly were very lucky. Dependent upon your state (if not PIP, and even with PIP if the thresold is eclipsed), this other company will also owe you an injury settlement once you are released from the doc. You know that right?
Did they not say when they would be coming to pick up the bike? Or are they just allowing you to keep it or have you opted to retain it?
Here's what I think you should do....
1) Research and have proof of your bikes ACV thru a couple of sources.
2) Same with your personal property that was damaged.
3) Do not sign anything untill you know what exactly it's for (title is all I can think it might be).
4) I personally wouldn't settle this PD claim with them until I had a letter fully itemizing everything they are paying, ie bike=this much, jacket=this much and so on. I would also insist that in the letter of proposed settlement the adjuster explain how the sales tax is dispursed, (affidavit, or paid directly).
5) It will depend on the aftermarket equipment and what it is, if you want to let us know what it is, we can likely tell you if we think it should add value or not. Is any of this a/m equipment still ok? Could you take it off this bike and use it on another?
Then and only then after I got this letter I would accept payment. I normally would not find it necessary to be so cautious but it sounds to me like this adjuster is being very vague with you, and not fully explaining everything like she should, (ergo the letter).
Let us know about the a/m equipment, and other questions, and what you think about the suggestions........ |
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Lori
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Lori
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Location: Missouri
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| Posted: Sun Nov 11, 2007 10:20 pm Post subject: |
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Hi Lori,
Thank you very much for the reply and the info.
First, regarding the cover letter for the "Power of Attorney" form.
It read as follows...
"The above vehicle has been declared a total loss. The value of your vehicle based on the average of the CCC evaluation is $xxxxx
Enclosed is a Power of Attorney which needs to be signed and notarized by the owner of the vehicle exactly as it is printed on the front of the title and returned to my attention as soon as possible.
I need the original Power of Attorney and all keys to the vehicle and upon receipt of these items I will release a check for $xxxxx"
Along with the above letter and the Power of Attorney form are copies of several estimates of the replacement cost of my motorcycle from regional dealers that CCC supplied to them.
It clearly states in CCC's Actual Cash Value that it "does not include tax, title, or license."
However, the check that the adjuster is going to "release" to me upon receipt of the items she has requested is the exact ACV that CCC has supplied (no mention is made of paying me anything extra for tax).
So no...no mention of paying me tax is mentioned in the adjusters draft, letter or anything. She simply states that they are ready to "release" a check to me for the exact amount of CCC's ACV.
It appears I need to call them up tomorrow and ask (among other things) why they are trying to short me on the tax.
Regarding the extras that I had installed on my motorcycle...
I had a chrome luggage rack on the rear fender (obviously destroyed), I had engine guards installed on it, I had an LED lighting kit installed on it, and I had a lowering kit installed on it.
Also, I do not have the wrecked motorcycle. The driver's insurance company picked up the motorcycle from a local storage facility and took it to a storage facility that they use.
Oh, and yes Lori, I'm aware of the personal injury settlement that they are going to have to work out with me...separate from the property damage settlement.
Thanks for any advice.
Regards,
-Ward |
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WardCleaver
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| Posted: Sun Nov 11, 2007 10:35 pm Post subject: |
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Hi Ward,
Yep, that's what I thought the POA is for the title...You just need to ask them to address how they handle the sales tax. Could be like my state and a credit or affidavit rather than payment, but the adjuster should've explained this to you, BEFORE you had to wonder about it.. Definately want to get that answered...As to your a/m parts, have you talked to them at all about these at all? I'm assuming you still have some proof of these parts, receipts? I know you have pictures.
| Quote: | | I had a chrome luggage rack on the rear fender (obviously destroyed), I had engine guards installed on it, I had an LED lighting kit installed on it, and I had a lowering kit installed on it. |
Now Ward, some of this stuff might now be consider as things that actually increase the value of the bike. I know it increased it's value to YOU, but they might now in the 'market place'. For instance if I total a truck that has had a lift kit put under it, there is no additional value added. I would certainly ask for it, and plead my case, but just want to warn you ahead of time, you might hit a brick wall, you might also have an adjuster or company that just says, 'ok' and pays it...If I were handling this loss, more than likely I would consider the led light kit, the luggage rack and the engine guards. Not so sure I'd allowe the lowering kit. But like I said have all those amounts (and proof) together when you talk with the adjuster.
| Quote: | | why they are trying to short me on the tax. |
I don't think they were trying to short you, it's probably one of two things, either an inexperienced adjuster, or they just automatically handle it, and don't explain it to the poor owner...Bad form no doubt, but they arent' trying to beat you out of it really....That would be a giant NO NO with the Dept of Ins....
Let us know what the adjuster has to say tomorrow and we'll see if there is anything else you need help with.
Do you agree then with the ACV (a/m parts withstanding)? |
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Lori
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| Posted: Sun Nov 11, 2007 11:21 pm Post subject: |
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Do I agree with the ACV?
Well, if I can get the ACV plus tax, plus the price of my highway bars, chrome luggage rack, and LED light kit...plus the cost of my Kevlar jacket, helmet and wristwatch...I would then be satisfied with the property damage settlement.
I will let you know what the adjuster has to say tomorrow when I talk with her.
Also, if I can't hunt up the receipts for everything...such as my wristwatch, my helmet, etc...is it acceptable to go to a merchant and get a written estimate of the replacement cost?
Thanks.
Regards,
-Ward |
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WardCleaver
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| Posted: Mon Nov 12, 2007 11:31 am Post subject: |
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Yes, generally that's acceptable, they may request that you either send them the damaged property or photos of it, to prove you actually had it, and it was damaged.
Then you really aren't disputing the ACV of the bike, just the additional aftermarket parts? That's good. Please do let us know after you talk with the adjuster and see if you need any additional help...remember you can get more flys with honey than with vinegar!  |
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Lori
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| Posted: Mon Nov 12, 2007 9:10 pm Post subject: |
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Thanks for the advice Lori.
I called the adjuster this morning, when I reached her extension there was a taped message from her saying she was out of the office for the entire day Monday. Her message then went on to give another extension whereby callers could talk to the "next available representative."
I decided to hang up and call back tomorrow morning. I would rather talk to her since she is the one handling the case.
I'll submit another post tomorrow after I have talked with her.
Regards,
-Ward |
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WardCleaver
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| Posted: Tue Nov 13, 2007 12:59 pm Post subject: |
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| That's fine Ward, look forward to hearing from you, and your welcome, is my pleasure to assist where I can... |
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Lori
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| Posted: Tue Nov 13, 2007 10:32 pm Post subject: |
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I called her again today, Tuesday. Again, I received her voice mail instead.
The message today said she would be in the office until 4:30 pm.
I left her a message with my claim # and requested she call me.
I didn't receive a call back from her today though. I hope we're not playing phone tag.
I'll call her again tomorrow, Wednesday.
Regards,
-Ward |
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WardCleaver
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| Posted: Tue Nov 13, 2007 10:51 pm Post subject: |
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I'd give her one more shot, then either 'zero' out and ask if she is actually in the office, or does her v/m give her supervisors name and number? If so call them, if not zero out and ask to speak to her supervisor. (I'd call first thing in the morning then if no response by noon, do above).
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| Posted: Mon Nov 19, 2007 9:43 pm Post subject: |
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Alright, I finally got back in touch with the adjuster.
I was very nice and courteous with her, but I had my "powder dry" and was ready to debate my case...however, much to my surprise, it went very smoothly.
I pointed out the issue of the tax and asked her about it.
She told me she would call CCC right then, if I would stay on the line.
I did, and she did. When she took me back off of hold, she told me that the tax would be added to the total. She calculated it and added it to the total right then.
I then asked her about the after market equipment I had on the motorcycle...I told her about the chrome luggage rack, the chrome engine guards and the LED lighting kit. I decided not to include the lowering kit...as that doesn't really increase the value, per what Lori said.
She then asked me if I had purchased all 3 of the items within the past year. I purchased them this past Summer, and I let her know that.
She then asked me how much I paid for the items.
I gave her the price of the 3 items...she tallied it up...and added it, right then and there over the phone, and added it to the total.
She told me she would mail me a new draft stating the new, increased amount.
Wow. This lady was very easy to deal with for the property damage portion of this claim...and very fair.
As I said, I had my "powder dry," expecting to have to debate my position.
However, per Lori's advice, I was nice, courteous, and respectful to her...and everything just sort of fell into place, right there over the phone.
I am very appreciative of the advice I have received here.
Although I'm fairly sharp, I am certainly "behind the 8 ball" when dealing with an adjuster, because that is her strong suit and not mine.
I appreciate the advice that helped me to get around that 8 ball a little bit and receive a fair and equitable resolve to my property damage claim.
Thank You.
Now, I suppose, it will be on to my personal injury claim, with a different adjuster.
Regards,
-Ward |
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WardCleaver
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| Posted: Mon Nov 19, 2007 11:41 pm Post subject: |
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I'm glad we were able to help. Adjusters while generally over worked are human!  Well most days I am anyway!
Glad it worked out good for you, always best to at least start out nice, and ALWAYS with respect, unless and until the other party, crosses the line, (keep your standards high, is what my step daddy used to tell me!)
Let us know when bi settlement time comes if you need any help..
It depends on the company some adjusters 'specialize' and some handle the entire claim, so may have the same gal...hope so...
Thanks also for letting us know how it turned out for you. |
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Lori
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| Posted: Thu Mar 27, 2008 12:53 pm Post subject: gygweyfgewf |
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*** (edited by lori or offensive content) The Insurance company is not your friend. You should be reimbured for loss use of the vehicel. You have two years on the medical claim. IT IS THEIR FAULT. SUE EM. It costs a Insurance Company $10 grand minimum to just open a case. If you did not get at least 40 K for personal injuries and two years medical,theropy you are A *** (edited by lori or offensive content)
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uehfue
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| Posted: Thu Mar 27, 2008 1:11 pm Post subject: |
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uehfue
You're outta' here!
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Lori
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