Assessment of Motorcycle Damage: Repairs, Diminished Value, and Total Loss Claims
Following a motorcyle accident, the motorcycle owner is faced with a number of issues and challenges. While immediate medical care and medical stability take precedence over other matters, attention will need to be given to the damages to the motorcycle. Since many motorcycle accidents involve a collision with a much bigger vehicle or a fixed object like a guardrail, the damages to the motorcycle can be quite significant. One issue that arises in many motorcycle claims is the decision as to whether to repair the motorcycle or total loss the vehicle. David Wolf is a motorcycle accident injury attorney based in Jacksonville, Florida who represents clients in all aspects of their case or claim including the property damage claim. Many law firms these days do not want to get involved in any part of the property damage claim. David does get involved because it knows the repair or total loss compensation to his motorcycle accident client is important and something that should be resolved in a fair, timely, and reasonable manner on behalf of the motorcycle accident victim.Determining If the Motorcycle Will Be Repaired or Declared a Total Loss
Generally, insurance companies will limit the total loss of the motorcycle to situations in which the repairs exceed 80 % of the value of the motorcycle. Under these situations, the insurance adjuster will likely deem the motorcycle a total loss even though the motorcycle can be repaired at a lower amount than the value of the motorcycle. While many motorcycle owners would rather have the motorcycle fixed rather than put at a total loss, the insurance company will typically take a tough stance on these total loss decisions that typically are not subject to judicial intervention nor worth the time, effort, or expense to bring the action through a litigation proceeding.
If the motorcycle is repaired, the motorcycle owner is then left with a motorcycle that never seems right or the way that the motorcycle operated prior to the crash. In certain circumstances, a motorcycle owner can seek what is called Diminished Value damages for the motorcycle. In other words, the motorcycle, as repaired after the motorcycle accident, is not worth as much as the motorcycle would be if the motorcycle was never damaged. It should be noted that Diminished Value claims are typically only compensable by the Property Damage coverage under the at-fault driver's automobile insurance policy. If the motorcyclist had Collision insurance, Diminished Value is typically not covered as a part of the motorcycle insurance policy.Establishing the Diminished Value of a Damaged/Repaired Motorcycle
How does one establish the Diminished Value of a motorcycle? This is an excellent question and one that motorcycle accident attorney David Wolf can explain to you in more detail. It is helpful to have an appraisal completed of the motorcycle following the motorcycle accident. An appraiser or expert in the field of motorcycle sales can evaluate the repair bill, make, model, mileage, and general market for the motorcycle as it exists after the motorcycle accident. The appraiser/expert can then compare the current value of the motorcycle and compare it to the market for a similar motorcycle that has a clean motorcycle history. The difference between these two figures constitutes the diminished value. It should be noted that the diminished value determination by the insurance company may differ from that presented by the selected appraiser/expert. The diminished value claim can be negotiated or litigated as necessary to get the matter resolved.
Insurance coverage and the intricacies of repairs, total loss, and diminished value in motorcycle accident claims can be quite confusing. As such, a motorcycle owner should seek guidance, advice, and legal representation from David Wolf, a Florida Motorcycle Accident Attorney, on these and other issues including those related to personal injury, medical bills, and compensation/settlement.Contact Motorcycle Accident Attorney David Wolf for a Free Consultation
Contact David Wolf for a Free Consultation on your motorcycle accident case and claim at (904) 699-8366 or send him an e-mail at firstname.lastname@example.org Get D Wolf On Your Side - At Your Side.