Unluckiest.Bike.Ever plus ignition lock question

[2015 Blue RT]

3 minutes ago, ChuckA10 said:

If they want to total, they will usually deal and you can keep it for a salvage amount that you negotiate and you can do what you want with it, but in that case you make sure they don’t do it as a total, in case you ever want to sell and pull a car fax.

I'm fairly certain if the insurance company totals it in FL they have to report it as such, and then the title is flagged. I do recall a comment from the agent about me bringing the title to a conference. I have a number of vehicle projects already, so as much as I like this bike, the prospect of repairing it doesn't appeal to me.

 

Also as a minor update, I read on a lawyer's website that in Florida third-party claims are handled the same as first-party ones, so the valuation has to follow those same rules.

 

I realize I've spent a good amount of time here shopping bikes, but I'm 99% certain mine is going to be totaled. I want to be able to pull the trigger on one as soon as I have money in the bank.

[ChuckA10]

Yes, if they total but they can also chose to not total and pay a certain amount and you retain the vehicle. Once an adjuster drove up shaking his head and threatening to total it and tow it immediately, I told him if he was going to act like that to get back into his car and leave if I would call police and have him trespassed, long and short, we went down to IHOP and hammered out a deal and he didn’t total it, I kept the car +got a check and I later sold it to someone who wanted it and I came out better. I have had multiples that I liked the vehicle or I could sell it for more and it’s a negotiated settlement, not totaled, I even had them “buy” a vehicle rather than total it and they kept it to sell and they cut me a generous check.

It’s all negotiable, regardless what an adjuster tells you.

[2015 Blue RT]

Thanks for the insight. We'll see how it goes.

[ChuckA10]

Yeah, good luck and hang tough, hope it works out.

this time advantage Varnsen!

 

[2015 Blue RT]

Okay the initial offer from the company is $8,756. What do y'all think that does include sales tax by the way. The lady with the truck had 50,000 in property damage insurance so that's not a problem covering all the damage.

[2015 Blue RT]

So there are basically two 2020 models that I've seen possibly within my price range. Both are at dealers. The Manhattan metallic One in Arizona for $7999. there's also a white one I believe in Wisconsin for $9999. Both I think have about similar mileage on them, so I emailed the seller of the $9,999 white one to see if he can beat the price on the other one.

 

EDIT- He asked if the $7,999 included fees. I had emailed that place, turns out they are scammers that never replied, so I'll keep looking.

[2015 Blue RT]

I read some reviews of the $7995 2020 AZ dealer. Wouldn't touch them with a 10 foot pole! Likely a bait & switch deal. The search continues.

https://www.trustpilot.com/review/www.ridenow.com

 

Excerpt:

As of 8/26/2024, The company has not provided a title, regestration, or plates for a motorcycle purchased on 3/19/24 for $21,000. Under Texas law, specifically the Texas Transportation Code, Section 501.0234, a dealer is required to process the title paperwork and submit the application for title to the county tax assessor-collector's office within 30 days of the date of sale.
Temporary tags have expired and the vehicle is currently unable to legally operate on public roads.
When attempting to contact, they either hang up or make up excuses to call you back which they never do.

[2015 Blue RT]

I crunched some numbers including taxes, my expenses, and shipping as applicable. Nearly every comparable bike FS is more than the payout.

 

I'm going to request the data they used to come up with the $8,700 since that is less than the lowest retail price I found online. I listed the 2015s for sale on Cycletrader and came up with an average asking price of $10,000. If possible, I'll try to leverage more $ out of the insurance company, and then the only option is to get the car owner to make up the difference.

 

Florida law says verbatim (emphasis added):

(5) When the insurance policy provides for the adjustment and settlement of first-party motor vehicle total losses on the basis of actual cash value or replacement with another of like kind and quality, the insurer shall use one of the following methods:
(a) The insurer may elect a cash settlement based upon the actual cost to purchase a comparable motor vehicle, including sales tax, if applicable pursuant to subsection (9). Such cost may be derived from:
1. When comparable motor vehicles are available in the local market area, the cost of two or more such comparable motor vehicles available within the preceding 90 days;
2. The retail cost as determined from a generally recognized used motor vehicle industry source such as:
a. An electronic database if the pertinent portions of the valuation documents generated by the database are provided by the insurer to the first-party insured upon request; or
b. A guidebook that is generally available to the general public if the insurer identifies the guidebook used as the basis for the retail cost to the first-party insured upon request; or
3. The retail cost using two or more quotations obtained by the insurer from two or more licensed dealers in the local market area.
(b) The insurer may elect to offer a replacement motor vehicle that is a specified comparable motor vehicle available to the insured, including sales tax if applicable pursuant to subsection (9), paid for by the insurer at no cost other than any deductible provided in the policy and betterment as provided in subsection (6). The offer must be documented in the insurer’s claim file. For purposes of this subsection, a comparable motor vehicle is one that is made by the same manufacturer, of the same or newer model year, and of similar body type and that has similar options and mileage as the insured vehicle. Additionally, a comparable motor vehicle must be in as good or better overall condition than the insured vehicle and available for inspection within a reasonable distance of the insured’s residence.
(c) When a motor vehicle total loss is adjusted or settled on a basis that varies from the methods described in paragraph (a) or paragraph (b), the determination of value must be supported by documentation, and any deductions from value must be itemized and specified in appropriate dollar amounts. The basis for such settlement shall be explained to the claimant in writing, if requested, and a copy of the explanation shall be retained in the insurer’s claim file.
(d) Any other method agreed to by the claimant.
(6) When the amount offered in settlement reflects a reduction by the insurer because of betterment or depreciation, information pertaining to the reduction shall be maintained with the insurer’s claim file. Deductions shall be itemized and specific as to dollar amount and shall accurately reflect the value assigned to the betterment or depreciation. The basis for any deduction shall be explained to the claimant in writing, if requested, and a copy of the explanation shall be maintained with the insurer’s claim file.

[ChuckA10]

In Florida, They in addition to sales tax,  will also pay for title transfer to you on the replacement vehicle and tag transfer to the replacement vehicle which amounts to about $110+/-. Even if they just pay a cash settlement, they will include this.

You will get the entire settlement from the insurance company, not from the insured, that’s what they bought insurance for. When you cash that check, that’s it and you agree that you are fully compensated for all property damages.

[2015 Blue RT]

I HATE DEALERS!!!!!!!! 😡

The crooks with the 7999 actually emailed me, the actual price is 13,599. Plus fees of course. I told them to read their trust pilot reviews to understand why they'd never see a dime from me.

 

Next, the 8500 bike in Jacksonville is actually 11,400 out the door. Thieves. Just advertise your price vs bait and switch.

 

I have a call in to the insurance company to get their documents on how they determined my valuation. They are required to give them to me upon request.

[2015 Blue RT]

Got the report from the adjuster. They use JD Powers. She only included $89 for options. So the price goes from $8,214 to $9,980 plus tax and transfer. I included documents from JD Powers website and a link to verify options by vin. She said they do not do any type of depreciation so I should get the full amount hopefully.

 

EDIT- What I sent to the adjuster (PDF also attached):

 

2015 BMW R1200RT - 1170cc Options and Equipment.pdf

[2015 Blue RT]

Sucks having to do other people's jobs for them. 🙂

[Krid]

Yes it does, but due diligence will probably go a long way to a better settlement outcome!

[2015 Blue RT]

2 minutes ago, Krid said:

Yes it does, but due diligence will probably go a long way to a better settlement outcome!

Any suggestions are welcome.

[2015 Blue RT]

I also inquired about the blue 2015 in Iowa that's fully loaded. The dealer got back with me no added fees thank the Lord but they said it has cosmetic damage and 40k miles. They have dropped the price for an out-of-state buyer to a little over $6,100. That one may be a possibility they say it's in very good shape- one of their mechanics used it for the last year.

 

Money breakdown, if I get the proper amount it should be around $10,600. Buying the 2020 1250 @ $9,999 with confirmed no dealer fees and $700 shipping plus around $650 for taxes/transfer, this will be about $700 out of pocket. I can live with that to have a nice 1250RT. BTW, pics are now up on that site. Here's one:

 

The 2015 in Iowa conversely would net me over $3K. Here's a similar pic of it:

 

From the pics, it looks like both of these have a navigation device I could sell to help offset costs.

[2015 Blue RT]

One more off the list, the 2020 1250 sold today. Looks like another 1200 for me.

 

UPDATE- The seller emailed & that deal fell thru, so it's back on the market. Moot since I'm still waiting to be paid. I'm also considering a 2014-17 Triumph Trophy SE. I've been reading up on that model & it has a number of things I like about it, and every one I've looked at is within my price range. Plus a lot of them are blue and use keys. 

[2015 Blue RT]

I found this 2014 Trophy SE for $7K on Cycle Trader with 14K miles. It's in NJ via a private seller, and has been FS for almost 2 months. When I got an initial shipping quote it was under $400. The bike is nicely equipped with the factory top case, aftermarket engine guards, add-on LED lights, new tires & battery, add-on GPS (I think I can mount my 8" tablet there), add-on charge port, and a cover (I still need one since the crash ruined mine). I'd have enough for this even if I don't get a proper settlement. It's ready to roll as-is, although I'd probably add an air horn as I did on the RT.

 

These are supposed to get over 60 MPG at rural highway speeds I normally ride and run on regular unleaded. Apparently they were a direct competitor to the RT of those years. They have all of the stuff I like on the RT and not the one thing I don't like: heated grips, cruise control, good info display- and no keyless ride option. I really like the color. The reviews I've read have largely been favorable. While it was discontinued in 2017, the engine and mechanical parts are shared by their current bikes, so parts in that respect should be attainable. From what I've read they have a decent forum for them as we do here. I've downloaded a shop manual to read.

[2015 Blue RT]

Update- I sent the updated valuation info to the adjuster last week, and despite a follow up email and a call yesterday, have not heard anything back. I called their office yesterday afternoon and spoke to someone else. She pulled up the claim and asked me to directly upload what I had sent, which I did. She said to expect a call by Tuesday end of business. I'm now about a week away from being without my bike for a month.

 

I wrote up a spreadsheet comparing costs and a Triumph with 15-37K miles would cost anywhere from $5,700-7,100 shipped, while the 2020 1250RT w/44K would be around $10,700. Even the marked down cosmetically damaged 2015 1200RT w/ 40K would be around $6,900.

[2015 Blue RT]

The saga continues... today the adjuster called & wanted receipts for the accessories.  I found the original BMW pricing sheet for all 2015 models, then wrote a cover letter (#2) explaining how BMW options bikes. How mine was a base model (no standard or premium package listed) with "ala carte" options. I copied & pasted the mdecoder data that she clearly has not bothered to look up. I encouraged her to follow Florida law for valuations and resolve this quickly. Even at $10,600 for me, the total damage to others won't exceed the $50K coverage the at-fault driver paid for.

 

Next level is her supervisor, and if they still won't properly value the bike I'll file suit so they can pay what is owed and costs and attorney fees. It's the principle. 

 

 

[2015 Blue RT]

I was actually considering insuring my next bike with Progressive... but not any more.

[Hosstage]

10 minutes ago, 2015 Blue RT said:

I was actually considering insuring my next bike with Progressive... but not any more.

Why is that?

[2015 Blue RT]

16 minutes ago, Hosstage said:

Why is that?

Way too much of a hassle settling a claim. While I'd hope they'd do better for one of their insured, there's no guarantee they would. Then there's this: Reading Google reviews of their Columbus office (3.1/5), some did OK, many did not:

William Blackwell

 

Local Guide·81 reviews·213 photos

 

3 days agoNEW

Worst insurance company you could ever trust to insure anything you value!!! Progressive denied my claim when lightning ran it through my battery charger and blew out the ECM computer on my Vintage MasterCraft ProStar 190, and the certified MasterCraft mechanic at Kingdom Marine diagnosed the issue was from a power surge caused by lightning, and Victor the adjuster was a total jackass and denied my claim because he and my boat mechanic have a pissing match and Victor has been banned from Kingdom Marines property!!! Get rid of progressive if you ever have a claim they will deny and make you out to be a criminal!!! Awful experience and I now have my boat insured with BoatUS.

 

 

[Hosstage]

Looks like State Farm is out too.

 

https://www.bbb.org/us/il/bloomington/profile/insurance-companies/state-farm-insurance-company-0724-6000391/customer-reviews

 

GEICO is out.

 

https://www.bbb.org/us/md/chevy-chase/profile/insurance-companies/geico-0241-8768/complaints

 

Farmers is out.

 

https://www.bbb.org/us/ca/woodland-hills/profile/insurance-companies/farmers-insurance-1216-18605/customer-reviews

 

Going to be tough to find a company that doesn't have complaints. Complaints get posted, compliments not so much.

You're having trouble with Progressive, not as a client making a claim, but as a party making a claim against their client.

[ChuckA10]

FWIW- I have progressive on my bike and now both cars. Haven’t filed any claim but I have against others and they all do what you are going thru, jack you around until you knuckle under and take a lower settlement , that’s their job. You about have to tell them you can be just as big an @$$h0l€ as they are and your Atty is worse so they might as well meet your demands. Write them a demand letter and send it certified, if they don’t budge, see the Atty.

3 different accidents I had to deal with Hartford, 1with AllState, 1with some trucking Co ins and one other. I’ve usually come out ok but it took awhile cuz I just dug in my heels and they finally want to settle. If they think you need the money soon, they’ll try to wait you out.

[JCtx]

1 hour ago, 2015 Blue RT said:

Way too much of a hassle settling a claim.

That's the same with anybody. I had a car claim with Geico a long time ago, and it was a disaster. So switched to Progressive (cars and bikes). Have never had a claim, but I've been their customer for ages, so I don't anticipate any issues if I ever have one. But fully expect a hassle; that's for sure. Ha ha.

[2015 Blue RT]

54 minutes ago, Hosstage said:

Looks like State Farm is out too.

 

https://www.bbb.org/us/il/bloomington/profile/insurance-companies/state-farm-insurance-company-0724-6000391/customer-reviews

 

GEICO is out.

 

https://www.bbb.org/us/md/chevy-chase/profile/insurance-companies/geico-0241-8768/complaints

 

Farmers is out.

 

https://www.bbb.org/us/ca/woodland-hills/profile/insurance-companies/farmers-insurance-1216-18605/customer-reviews

 

Going to be tough to find a company that doesn't have complaints. Complaints get posted, compliments not so much.

You're having trouble with Progressive, not as a client making a claim, but as a party making a claim against their client.

Looks like all good reasons just to skip them entirely. 

I'm well aware of how complaints work- IME, automotive forums are the same way- I used to moderate one. Lots joined to post complaints with their $40-60-80K brand X truck. Few joined to post compliments about them. In this case, the reviews I posted were for the office I'm dealing with, not the company as a whole. As I said, I'd hope they treat one of their insured better, but that's unlikely.

[Hosstage]

The broker you use does count. Not having insurance is a risk that must be weighed, that's for sure.

[2015 Blue RT]

A couple of developments... I checked the JD Power average price again, and it had gone UP to $10,215 from $9,980.  I sent the printout to the adjuster.- I had also sent the BMW OEM prices for 2015 I found on their site. Don't expect to hear back. Next stop will be the office manager or supervisor. Don't expect to hear anything from them as well, so...

 

I began drafting my court complaint. In doing so, I found that Progressive has been the subject of at least two fairly recent class-action lawsuits due to... undervaluing total loss vehicles. <sarcasm>BIG surprise.</sarcasm> One was in NY and was just settled in July for $48 million. The other was here in FL and I haven't found the outcome yet. How's THAT for a good reason not to insure with them?  That will be great ammo for my case, as it establishes a pattern of corporate bad acts. When I tallied up time lost form work and trailering costs plus my cover, I'm now over $11,000. Court costs will add to that, as will the cost for them to defend the suit. 

 

Side note, I emailed the dealer that has the 2020 1250RT and updated him on the value. The same time I was doing that he was emailing me to check on the status. I still doubt I'll get a settlement before it sells though, but that's OK.

[Hosstage]

Good luck, sorry you're having such a fight.

[ChuckA10]

You need an exact solid number and a timeframe for that number in your demand imo. Sounds like you’re making headway in that you have gathered evidence to support your claim. Keep Strong👍

[2015 Blue RT]

In my reading, I also found Florida Statute 624.155 (emphasis added):

624.155 Civil remedy.—
(1) Any person may bring a civil action against an insurer when such person is damaged:
(a) By a violation of any of the following provisions by the insurer:
1. Section 626.9541(1)(i), (o), or (x);
2. Section 626.9551;
3. Section 626.9705;
4. Section 626.9706;
5. Section 626.9707; or
6. Section 627.7283.
(b) By the commission of any of the following acts by the insurer:
1. Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests;

 

I have to wait 30 days (next week now) and then I file a form with the state, and they notify the company of the complaint. I'm still reading thru the sections listed in (a) to see if any qualify.

[2015 Blue RT]

Browsing the 1250RT market, I see some RT-P models in blue that look nice. Here's one for $13K. EDIT- I see this is some type of one-off and "no negotiation necessary". It's still an RT-P. 

https://www.euroutah.com/Pre-owned-Inventory-2021-BMW-Motorcycle-Scooter-R1250-RT-Eurosports-Utah-10497097?ref=list&utm_source=motohunt.com

 

 

Heck of a markup, as I did find some of these that had sold at auction for under $9K (plus fees of course). Here's a 2020:

https://www.bidcorp.com/auctions/2020-bmw-r1250-rtp-police-motorcycle-18-186-miles-p0267/72690

 

 

[JCtx]

Maybe I'm misunderstanding you, but you recently mentioned a 2020 R1250RT sold for $9,999, and you want to sue the insurance company if you don't get pretty much that amount for your 2015??? They could even use your own research here to deny your claim, so you better be sure they're really low-balling you, because they have the best lawyers. Remember the market is what a vehicle SELLS for, not what the owner asks for. If a 2020 sold for that, your 2015 obviously is worth quite a bit less. So you might be overvaluing your bike, rather than them undervaluing it. Just be careful before suing an insurance company. It's not that easy to win, for what I've read. So you'd need a very solid case to succeed. Best of luck.

[2015 Blue RT]

53 minutes ago, JCtx said:

Maybe I'm misunderstanding you, but you recently mentioned a 2020 R1250RT sold for $9,999, and you want to sue the insurance company if you don't get pretty much that amount for your 2015??? They could even use your own research here to deny your claim, so you better be sure they're really low-balling you, because they have the best lawyers. Remember the market is what a vehicle SELLS for, not what the owner asks for. If a 2020 sold for that, your 2015 obviously is worth quite a bit less. So you might be overvaluing your bike, rather than them undervaluing it. Just be careful before suing an insurance company. It's not that easy to win, for what I've read. So you'd need a very solid case to succeed. Best of luck.

Not quite. Here's the law-

In Florida, when totaling a vehicle, they are required by law to do certain things. How they arrive at an actual cash value (ACV) can be via one of several means. They have already locked themselves in to using the JD Power site for the value. It was impossible for them to use the others since for example:

1. There are no dealers in the local area to get prices from, and

2. There have been no comparable bikes (plural) sold in the local area within the last 90 days.

 

That said, I could find a twin to my bike 30 miles away for say $4,000 and it would not affect what they are required to pay me at this point. Had they even tried to work with me to get me back on the road in under a month (this Monday it will be a month) I might have cut them some slack. 

 

Now that they are locked in to using JDP, they must follow the rules there as well. JDP makes it relatively easy to assess the average retail value of a bike. Progressive is also on record for not using depreciation on motorcycles, so they can't use that to devalue due to the miles on mine.

 

The controversy here involves the options, which add roughly $1,800 to the base value. The adjuster, who likely doesn't know from which end the exhaust exits, claims all of the items I listed were standard equipment on my bike. I have uploaded (twice now) documentation that they were not. I provided an independent means for verifying everything I claimed. The adjuster has chosen to ignore these FACTS and instead use the THEORY I added them myself, and need receipts that don't exist. 

 

I have used pictures where possible to try and explain this on a grade-school level, but so far no luck. Additionally, I called to speak to the adjuster's supervisor 2 days ago and the initial claims person took my name & number. No call back. Florida law covers that as well. One of those sections listed above I was reading was 626.9541(1)(i). In relevant part, it says this:

c. Failing to acknowledge and act promptly upon communications with respect to claims;

 

Without exception, I have had to chase after the adjuster. I never got verification of receipt of the documents I submitted. The supervisor hasn't called me. These people are violating the law. They can do so until someone (me or those that have filed class-action suits for undervaluing total loss vehicles) holds them accountable. I'm glad to do so. Hence the preparation for a suit. If they settle the claim in the next 3 business days, I won't file the initial letter with the state. The chances of that happening are right up there with $2.00/gallon gas.

 

Attached is what I uploaded this week. See if you can figure out pricing based upon this, combined with the other documents I sent to include the official BMW 2015 pricing (opens PDF). I also sent her the mdecode printout (not uploaded here since it has my partial VIN):

 

 

Progressive 09-19-24.pdf

[2015 Blue RT]

I saw this 2019 R1250RT on eBay and it looks nice. It's blue, and a couple thousand less than most of the others:

Then I saw this: Bike comes with a rebuilt title due to front upper right damage. All the repairs were done in our facility. 

 

I checked the VIN, and it looked like this circa 2022:

May have sold at auction back then for $4,575.

 

 

[Rougarou]

Nothing wrong with a rebuilt title vehicle.

[ChuckA10]

The difference in the RT-P bikes price may be difference between 2800mi and 18K mi?

[2015 Blue RT]

39 minutes ago, Rougarou said:

Nothing wrong with a rebuilt title vehicle.

IME, it really reduces the resale value. In this case, it's good a dealer did the work, but that was an awful lot of damage. If you look at my bike, which other than the front fender being off looks fairly intact, that was around $7,800 in damage. This one is 4Y newer, parts probably around the same cost, but it looks like a lot more stuff needed to be replaced. If they paid $4500 at the auction, the OTD price was over $6K with fees. That leaves them under $5K to fix it in order to sell it at $11K with no profit. This site lists cost to repair it as over $27K. I don't see that happening. Something had to give, maybe in the repairs? Perhaps they had a parts bike with bad mechanicals.

[2015 Blue RT]

20 minutes ago, ChuckA10 said:

The difference in the RT-P bikes price may be difference between 2800mi and 18K mi?

Could be, but it would be minimal to me. I would prefer a bike that had been operated and maintained (which most police departments mandate and keep records for) vs one that sat excessively.

[Rougarou]

30 minutes ago, 2015 Blue RT said:

IME, it really reduces the resale value. In this case, it's good a dealer did the work, but that was an awful lot of damage. If you look at my bike, which other than the front fender being off looks fairly intact, that was around $7,800 in damage. This one is 4Y newer, parts probably around the same cost, but it looks like a lot more stuff needed to be replaced. If they paid $4500 at the auction, the OTD price was over $6K with fees. That leaves them under $5K to fix it in order to sell it at $11K with no profit. This site lists cost to repair it as over $27K. I don't see that happening. Something had to give, maybe in the repairs? Perhaps they had a parts bike with bad mechanicals.

 

You're looking at MSRP/book costs for parts and likely BMW book prices for labor.  All the damage looks cosmetic (without a detail inspection).

 

If it were me, I'd source used parts and the labor would not be nearly what BMW book prices are.

 

A rebuilt title vehicle has gone through inspections from the state to issue that title, different than a salvaged title.

 

I never buy a vehicle and concern myself with resell value. 

 

I'd have no issues buying that bike if I was in the market, none whatsoever

[2015 Blue RT]

35 minutes ago, Rougarou said:

 

You're looking at MSRP/book costs for parts and likely BMW book prices for labor.  All the damage looks cosmetic (without a detail inspection).

 

If it were me, I'd source used parts and the labor would not be nearly what BMW book prices are.

 

A rebuilt title vehicle has gone through inspections from the state to issue that title, different than a salvaged title.

 

I never buy a vehicle and concern myself with resell value. 

 

I'd have no issues buying that bike if I was in the market, none whatsoever

I agree & would do the same thing- I've been working on a salvage auction truck since June, turned into a money pit. However, this was a dealer. Even at 50% off retail on parts, they still have to pay a tech for their time. I don't see how they're making any money on that one.

 

State inspectors are state government employees. Kind of like Progressive adjusters , they lack the knowledge a BMW tech would have. That's another reason why I said it was good a dealer repaired that one.

[2015 Blue RT]

The saga continues... Yesterday marked a month since the crash. Today I finally got a call (4 days later) from the claims supervisor. He's sticking to the adjuster's assertion that anything on the bike from the factory is not an option. I asked if he had access to what I sent the adjuster (to include the 2015 BMW official price list for bikes and... options) and he said he was out of town. He went on about how they don't know the total cost for all of the other vehicles. I told him I had seen the estimates and the total was well below the $50K in liability the lady has. The funny thing is, my price as the only totaled vehicle is the only truly fixed one. Once they start repairing the other 3 vehicles, there could be hidden damage making the cost go up. I brought up the Florida law that mandates they settle claims in good faith, and he said if they paid me it might not leave enough for their insured, and then they could be sued. Guess what I'm going to do, dumbass. He also made the statement that they didn't have to give full value for options for non-customers. They only did that for customers. That's not what Florida law says. The law literally tells them what they have to do to settle a totaled vehicle claim. When they deviate, they are acting in bad faith and that opens them up to a civil suit.

 

He suggested them buying me a similar bike, which is an option under the law. I said there were none in my area, one would have to be shipped in, which is expensive. He asked what I had paid for mine & I said it was irrelevant, as the issue here was the actual cash value now. He said to send the adjuster some links of bikes for sale and she could do the same. I looked up 2014-18 1200RTs and there was exactly one for sale on Craigslist within 150 miles (which is not local). It was a 2016 for $14K. Then on CT there was the blue one in Jacksonville, also a 2016. The bait & switch price is down to $7995, but I told the adjuster when I last checked they added almost $3K in fees.

 

She replied back neither of those was a 2015, and mine was a 2015. Once again, I documented her lack of knowledge of the law and sent her the Florida law for insurance companies replacing vehicles. It says the same model year or newer and in the same condition or better. Another dumbass. I again suggested they just settle for the proper cash value of mine + my other costs. These <sarcasm>geniuses</sarcasm> use government financial logic- we can spend $5,000 to save $2,000! 

 

These clowns corporately just settled a $48 million class action suit in NY for doing something similar- undervaluing totaled vehicles. I'm really looking forward to a day/week/however long it takes in court. I have to go through a process of filing a complaint with the state first, and can do so 2 days from now. I drafted up almost two pages documenting what has taken place, and I have plenty of written evidence. Once I do that, they have 60 days to pay what I'm demanding, and if not, then I can sue. I'd bet money they routinely do this to people, but no one or very few fight back.

 

I had to sue a guy on eBay years ago. Something similar- he sold me a computer monitor and packed it in notebook paper. Needless to say it arrived damaged. UPS had me send pictures and they denied coverage due to the shoddy packing. I asked nicely for my money and he refused. Once I had him served, his mom called & wanted to pay the money. I said too late! You're now paying the extra costs I had to file suit plus interest. I got a summary judgement in my county small claims court. I ended up garnishing his wages (which added even more in costs), so he worked for me for a while. We can do this the easy way or the hard way...

[Hosstage]

Remind me not to tick you off!

[2015 Blue RT]

Filed the insurance complaint online this morning and uploaded my supporting documents. Tallahassee will be hit by a major hurricane later today, so that will delay things. Now I'll let it play out at $30/day for loss of use of vehicle. The more I read the law, the more I see I can recover. I didn't know about loss of use of vehicle until yesterday. When I called the rep, she offered $30/day for a max of 25 days (it's been 30). I told her about that and she said 25 was the max they could go since I was contesting the settlement offer. Every day they delay costs them $30. Since I filed the state complaint this morning, they have 60 days to pay me. If they haven't paid by then, the loss of use at that point alone will be $2,700 & the overall total $13,700. If they delay long enough I'll be able to afford a new 1250 plus enrich a local lawyer. 

 

This could have been settled for under $11,000 the first week of September. Maybe they'll take the excess out of the paychecks of the adjuster & her supervisor. 

[92Merc]

When you do get paid by insurance, and buy a "new to you" bike, check with your DMV.  Some states allow you to write off the price difference for sales tax going from a totalled vehicle to another one.  You might need some proof of bike being totalled.  But worth checking into.  You might be able to avoid sales tax altogether.

 

[2015 Blue RT]

50 minutes ago, 92Merc said:

When you do get paid by insurance, and buy a "new to you" bike, check with your DMV.  Some states allow you to write off the price difference for sales tax going from a totaled vehicle to another one.  You might need some proof of bike being totaled.  But worth checking into.  You might be able to avoid sales tax altogether.

 

Thanks! I'm learning more every day. I'll look into doing that if applicable.

[9Mary7]

[strataj]

You can add this to your list.  The cost of used may be going up due to the dock strike.  New bikes come through New Jersey so without new bikes landing in the USA it will drive up the cost of late model used. 

[2015 Blue RT]

5 minutes ago, strataj said:

You can add this to your list.  The cost of used may be going up due to the dock strike.  New bikes come through New Jersey so without new bikes landing in the USA it will drive up the cost of late model used. 

That's been my point with Progressive- the longer they wait, the more they'll eventually pay.

 

Not so fun fact, when I looked up insurance complaint notices here in FL, just for Progressive American auto insurance for the past year and just for "Unsatisfactory settlement offer", there were 22,319 of them. I browsed a few of them & think another class action suit is ripe for here as it was in NY. I went back 2Y and used the term "undervalued" for the complaint, and there were 56 of them and for "undervalue" 85. The legal sites I've looked at say you need 12-40+ people for class action. The above of course are just people that have filed a notice thru the state. I'm sure there are many more that bit the bullet and just took the lower settlement.

 

I'm speaking to a lawyer this morning to review my options.

[2015 Blue RT]

Spoke to a local lawyer this morning & sent him several documents for review. The state also responded saying it may take 30 days to resolve the complaint, but the insurance company has 14 days to get back to them.