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

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,


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.

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Attorney answers 3

Best Answer

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.



The adjuster told me they looked for similar motorcycles in the area and found one for sale and that is what they are basing their "fair market value" off of. Is this lawful, can i argue their sources?

Thuong-Tri Nguyen

Thuong-Tri Nguyen


There is no law that would prohibit the adjuster from giving you a made-up number as the fair market value. There is also no law that would prohibit you from stating the fair market value is higher than what the adjuster said. That's negotiation. If you have proofs supporting a higher fair market value, you should make copies of the proofs and give the copies to the adjuster.


Fair market value (FMV).

Only 29% Contingency Fee! Phone: 215-510-6755


Do your research to validate the true Fair Market Value

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