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

[dmenche914]

Ok, heres the scoop. The guy that hit you owes you replacements for your property. His insurance company, thru contract with him will pay you for him, else you sue him.

One key here is replacement of the damaged property. Ask the insurance person to find used replacements, in the same condition yours were in prior to the accident. Tell him/her that you will expect him/her to deliever the items to you, else you will charge a fee of (pick a good hourly rate, such as your own wages) $xxx/hour to locate the replacement items for sale used.
That will be the tuff one for the insurance to accept, but part of the replacement value is YOUR TIME TO FIND THE ITEMS. Seeing as it is more time consumming to find second hand replacements than just buying new, you should advise the agent that he / she will be saving the insurance company money by buying new. Also you should charge then your time even for new itmes. You need time taken to go to stores, be compensated at least 33 cents per mile driving to stores also.

Write an itemized list, list where each store is where you will need to find the new replacement watch, helment, etc... estimate driving distance, and time to drive (use msn maps and print it out for the agent), and then estimate time to shop for the items. Add it all up, and present your bill to the agent. If agent dissagress, pull out a second bill for used items, listing local thrift shops, and estimate the time to find replacement items at ten times that to buy new, as you will need to search thrift shops, go back on different days, and hope that what you need will be there. This second bill will be much higher, and is sure to make the agent whince (I always love this part)

Sock it to them, they are lowballing you, taking you for a fool, that is their tactic, so you need to ratchet it up a notch. Send the demand for payment letter to the agent, you might get results, and you are 100% entitled to be reimbursed for your travel time, shopping time, and transportation expense to purchase replacements, new or used. Just is used will take more time to find, hence the overall cost will be greater.

They probably thought they could get away with this on you becuase you were basically kind to them, and have no lawyer. So much repayment for your kindness.

Also see a lawyer about personel injury, which is handeled seperatly from property damage. You can make a claim, but i'd do it right away, before you fully heal up, and have no more bruises, as bruises can be documneted by a doctor.

The property damage can be settled usually with you filing a small claims suit aginst the guy that hit you (list him, not the insurance company as defendant, esle the case may be thrown out, be sure to include the registered owner of the car that hit you if other than the driver, this is also very important.

Small calims usally cost $25 to file (and you get that back if you win) and have a $5000 limit on awards.

First get the itemized demand letter to the agent, list all your expenses needed to shop for the goods. If agent still doen't get it, then tell him/her you will be filing in small claims aginst their insured.
If that doesn't work, then file. have all your paper work together for the judge, dress well, be on time, be very polite, and have your case all together. It will be you aginst the guy that hit you. You will NOT be up aginst the insurance agent, or insurance lawyers, that is not allowed in small claims, It is you aginst they defendant, no lawyers may make any presentation, nor even be up in front with the judge (if the other guy does not show, you win!!)

Most times, the insurance will settle with you once they relize you are going to court, as they usally have an agent in the court audince, and depending on policy pay the defendant to attend so it does cost them more to go to court, even if they do not participate in the actually hearing

I did one small claims over my car, the agent would not back down, I called two days before trial, and they said no to my offer. Called one day before trial, and reminded them that i would win, but would accept $50 less if they settled right now, just to save me time going to court. They agreed, had the check in my hand two hours later. ($3000)

anyway, glad you are alive, bikes and cars can be a nasty thing when they collide. (happened to me once broke my back, and killed two of my cousins.)

PS there has been some advice about insurance being required only to give replacement item value. This is not true in California, unless it is in a contract with you and your own insurance policy. The bottom line is the other guys insurance policies and rules do not apply to you, they apply only to the guy thet hit you if he makes a claim on his own policy.
The law provides you to have your items replaced. That means replaced, delivered to you, with no time of yours lost traveling nor shopping. If they cannot deliever to you replacements, then you have everyright to expenses in time a travel to obtain replacements. This is fact, this is the law, and this is what the insurance company will lie about to you. Just stick too you guns on this, you will wear them down, not the other way around as they are trying to do to you. By bringing in small claims, you have set a date, a date after which they can no longer wear you down past, so this forces them to settle. This gives you the upper hand. ( without going totally overboard, make the small calims amount as high as possible This gives the insurance company a little wiggle room to negotiate with you prior to a hearing date. After all the insurance company will sooner settle if they get you to back down a little on your demand, kind of like pricing at swap meets, ask more than you will accept, and negotiate from there
Agent tells boss, hey this guy is suing for $1000, but I talked him donw to $900, this make the agent look good to his boss, but unknown to Mr. Jr Agent is that you would have happily settled for $500, but you made the demand for $1000, leaving wiggle room for Mr. Jr. Agent to boost to his boss.


dave