Insurance company is low-balling me on the total loss of my motorcycle. What are my rights for compensation?

Asked almost 2 years ago - Seattle, WA

My motorcycle was hit while it was parked. The at-fault party's insurance is assuming liability. When the claim was first submitted I was originally told that insurance companies use "NADAguides" for assessing total loss claims. To my demise the adjuster called me today and told me that they DO NOT use NADA and that they use "market research in my geographical region" to assess the value of my bike. The interesting part is the adjuster got very frustrated when I told them that I was originally told they use "NADAguides", coincidentally the amount they offered me is $1 above the lowest NADAguides estimate. They made it seem like the amount I was offered was a 'take it or leave it' kind of deal. What am I actually entitled to?

Thank you for reading,

Josh

Additional information

Adjuster told me they are basing their "fair market value" off of a similar motorcycle for sale, that they found at a dealer in WA state. Can I challenge their source for my estimate? I feel an estimate website such as NADAguides is a far more legitimate source.

Attorney answers (3)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . For property damages, you are entitled to be paid the fair market value of the vehicle right before it was damaged by the insurer's insured (and taxes and registration).

    Fair market value is what you and the adjuster are negotiating now.

    You need to find proofs that your vehicle was worth the amount you are claiming. Proofs may include receipts for modifications to the vehicle you recently did, pictures showing your vehicle was in above average condition, etc.

    If you and the insurer cannot settle, you have the right to sue the person who did the damage. You should factor in the cost of suing in deciding whether to sue.

    Without a personal injury claim, you likely will find that most attorneys would not take your case on a contingency basis.

  2. Michael Lynn Walker

    Contributor Level 16

    6

    Lawyers agree

    Answered . Do your research to validate the true Fair Market Value

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Fair market value (FMV).

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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