NPC: Accident, insurance claim advise, Help me not get screwed! Options

[Dr Evil]

I know that there are some people on here that are lawyers and insurance adjusters and I was hoping that some of you could help me.
The story:
I was exiting the freeway (805N to Balboa West) when a guy with a little nissan truck decided that he wanted to be where I was in the exit lane. He merged into me and totaled my bike. Winesses say that I got 10' of air, but I don't remember that part. There is no question of who was at fault and his company has accepted total responsability. The adjuster is coming over on wednesday to look at my personal effects that were destroyed/damaged during my dancing lesson with the truck. Items include: Watch, cell phone, boots, helmet, jacket, and pants. Nothing that crazy, and I am not claiming to have been waring a Rolex.
The problem (bend over) (IMG:style_emoticons/default/mad.gif) :
The adjuster is already talking about "depreciated value" for my effects. I have been hit by one RV, one car, and now a truck and I have never heard of an adjuster offereing depreciated value for a helmet, pants, watch, etc. How the hell do you figure out the depreciated value?

(hypothetical)Him, "well, from what is left of your pants, I can tell that they were purchased two years ago (even though they are the same type available today and are not that old). So, well figure $40 as the original price minus $21 a year since jeans are a work type of clothing, leaving you owing us $2 for hitting you <_< "

My effects are not expensive ones, and I would like to just get enough to replace with the exact same make and model. Is this fair? What is my recourse if I do not agree?

I also did not go to the emergency room as I am pretty knowledgable about emergency medicine and assesed my self. I did this for many reasons; I dont believe in clogging the ER for superficial wounds that I KNOW how to treat, I dont believe in going to the ER to get a bigger settlement, I had no intention of getting a lawyer to sue for "three times the amount". I like to be responsable and to only collect on what I am due. I am getting the feeling that I should have sued the crap out of them.

With not going to an ER it seems that I am not going to get any pain and suffering either. All I want is the $425 that my salvage cost me, not thousands. Do I have a claim for pain and suffering? I was messed up for a little over a week, and was missing part of my hide, but that is almost all grown back by now.

Any help would be greatly appreciated.
-Mike

[rick 918-S]

Since were all just standing around at the work bench shooting the bull, here goes.

First, Insurance claims reps are not trained to mess with your head. You've been watching too many commercials for the Ambulance chasers. They are however trained to use common sense. Did you wear those pants since you purchased them? Was that watch still in the Timex Box from Walmart? It's common sense. You've received some value, benifit and use from the personal property that was damaged during your accident. The claims rep from the other vehicle owners carrier owes you the value of used property. The value must be fair and based on real world number. There is a government military deprecation schedule used by most claims reps. These are standard tables no hocus pocus.

You may have a choice to file a claim with your Home Owners Insurance for your personal property. Check to see if you have a named peril that will cover the personal property under your own insurance. Most home owners insurance has a personal property replacement cost coverage. But I'm not sure there is a named peril that will cover the damage.

BTW: do you really think a claims rep gives a crap if you call a lawyer! Sometimes that's a gift. Then they don't have to deal with someone that has an issue they don't seem to be able to get past. I wish I had a nickle for every time I heard that... You people forget we hear that twice a week. We deal with people that are angry, depressed, and looking for a fight everyday. When we deal with attorney's we often have pleasant conversations about their planes, and beach front property your paying for. And they laugh about it. Really....

Be upfront with the claims rep. tell him about your injury. Tell him what you stated here. Your not out to pork anyone but you had some degree of pain for a period and your willing to settle with them directly. They may offer you a "G" or something for your signature to go away. That's fair...

This is nothing more than a rambling bunch of words strung together loosely resembling sentences. Blah blah blah....