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My parked motorcycle was hit by a commercial vehicle in NY

My motorcycle was hit and ran over by a commercial truck while parked. I filled a claim with the insurance company of the truck (My insurance does not cover me for collision). The bike was declared totaled and they are offering me only 50% of the estimated value based on the argument that my motorcycle was illegally parked in a commercial parking zone. I feel that this is unfair, as in my mind the legallity of my parking is not relevant. For me there is no justification for hitting a stationnary. I also feel that the insurance company is taking advantage from the fact that I am filling on my own and not through my insurance and therefore that I might be tempted to accept their offer because of the cost of futher actions. What should be my next step ? Thank you for your advise.

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Attorney answers (2)

Reputation Level 13
Depending on the amount of damages to your bike, you can either file a lawsuit against the owner of the commercial vehicle in small claims or Civil Court of NYC (if you live in NYC).
The fact that you were illegally parked may play a part, but if you bring a suit, that decision will be up to the arbitrator or judge.

If you need further information, please feel free to contact me via my website.
1 person marked this answer as good

Reputation Level 13
Insurance companies are snakes in the grass. This is a frivolous defense. You must sue the driver and owner of the commercial truck for the full value.

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