NPC: Need advise on accident claim

[mike95125]

I know that there are some people on here that are lawyers and insurance adjusters and I was hoping that some of you could help me.
The story:
I was exiting the freeway (805N to Balboa West) when a guy with a little nissan truck decided that he wanted to be where I was in the exit lane. He merged into me and totaled my bike. Winesses say that I got 10' of air, but I don't remember that part. There is no question of who was at fault and his company has accepted total responsability. The adjuster is coming over on wednesday to look at my personal effects that were destroyed/damaged during my dancing lesson with the truck. Items include: Watch, cell phone, boots, helmet, jacket, and pants. Nothing that crazy, and I am not claiming to have been waring a Rolex.
The problem (bend over):
The adjuster is already talking about "depreciated value" for my effects. I have been hit by one RV, one car, and now a truck and I have never heard of an adjuster offereing depreciated value for a helmet, pants, watch, etc. How the hell do you figure out the depreciated value?

(hypothetical)Him, "well, from what is left of your pants, I can tell that they were purchased two years ago (even though they are the same type available today and are not that old). So, well figure $40 as the original price minus $21 a year since jeans are a work type of clothing, leaving you owing us $2 for hitting you"

My effects are not expensive ones, and I would like to just get enough to replace with the exact same make and model. Is this fair? What is my recourse if I do not agree?

I also did not go to the emergency room as I am pretty knowledgable about emergency medicine and assesed my self. I did this for many reasons; I dont believe in clogging the ER for superficial wounds that I KNOW how to treat, I dont believe in going to the ER to get a bigger settlement, I had no intention of getting a lawyer to sue for "three times the amount". I like to be responsable and to only collect on what I am due. I am getting the feeling that I should have sued the crap out of them.

With not going to an ER it seems that I am not going to get any pain and suffering either. All I want is the $425 that my salvage cost me, not thousands. Do I have a claim for pain and suffering? I was messed up for a little over a week, and was missing part of my hide, but that is almost all grown back by now.

Any help would be greatly appreciated.
-Mike

[Jason Porter]

I've got a very mean PI attorney, and he would hit you with his car if he read this thread. But, your course of action was rational and noble to say the least.

I'd go to see a dermatologist, and ask him about the chances that your road rash will disappear completely. I'd then go see a plastic surgeon, and get a treatment/surgical estimate of how much to remove it. I'd definitely go see a chiropractor, as I'm sure your back can't be doing well after being vehicularly assaulted by a pick-up truck.

Then I'd show him all your paperwork, and say NOTHING!!! Just see what kind of reaction you get. Let him know only that you'll be glad when this is all over with, that you just want to wash your hands of the situation, and go back to your life as usual, i.e. with a bike, helmet, pants, watch, etc.

But you may want to get the advice of one of our lawyers on here, as I'm just the plantiff in a case like this right now, as opposed to an expert.

[Tidybuoy]

I think that the guy's insurance company should only have to pay you for what everything was worth. You didn't loose a new bike, you lost a used (i.e., depreciated bike).

Just don't forget about your neck pain - that's worth something.

[Conrad W Peden]

I had a recent claim, not an accident - a flood. The adjustor asked for a list of original cost and age and replacment cost of items. Then he took off the depreciation.

He then told me if it cost more to replace these items to send them the bill and they would cut me a cheque for the diff. This way they pay me the least amout and if it cost more then I get that later, rather than me just getting a pocket o cash and buying some Koni's for my car. At least now I have something to replace my lost items with.

The fact is you had a bike now you dont. You had a helmet, it hit the ground, now its garbage....etc. It will cost more than those items were 'worth' to replace them.

I would ask for the depreciated amount with a written agreement that if it cost more to 'replace' then they would pay the additional amount.

Just dont try and replace your 70's Enduro with a Ducati 916

my 2 bits worth
If ya need it, good luck

[Va914]

Back in the late 80's I have some car audio equipment stolen out of my tuck. They did exactly what you described.

I called around and got FULL retail on all the pieces stolen from the manufacturer. You paid $200 for the helmet on sale but it retailed for $400 when it was in its prime. Use the $400 and you'll get $150 from them.

I don't see why the victim should have to pay anything to replace the items destroyed by someone else. The victim should have to pay the difference.

Cheers and best of luck
Kerry

[zzzyx914]

I'd call "ACCIDENTES dos dos dos-dosdos dosdos"

[mike95125]

Thanks guys. Just for the record, I am not claiming thath they should replace my motorcycle. It is used and has a common accepted used value which was greatly exceeded by the damage ($5700). I am only upset about the BS with them trying to save like $20 by giving me depreciated price for my pants and such. My watch was in mint shape as I collect watches, and they are gonna charge me "usage" of the item to figure out depreciated value. WTF! The watch is available new for $165 and doesnt have an odometer so how the hell will they calculate usage? A vehicle is subjected to abuse by design and as such has an odometer and an agreeable depreciation for every mile. What would you figure for a pair of great shape jeans. I'd like to see that formula: "[(length of stride)(# of strides per mile)/(average miles per day)] * (# of days we say you owned them)= big fat hairy BS!"

[Jim Smolka]

Very simple, eveytime he says the word depreciation, grab the back of your neck and say ouch.

Oh, and glad you are OK.