Couple questions after being hit in an accident | GTAMotorcycle.com

Couple questions after being hit in an accident

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Bignoga

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I was hit from behind by another motorcyclist and deemed 0% at fault. I am insured through statefarm

The accident happened on the 23rd of June however I just received the accident package 2 days ago.(I let the insurance know 2 days after accident)

1. I only have the 400/week income replacement. After the accident I had the other parties insurance call me and ask for my details of the event. During that time he mentioned that I will be topped up to my full wage by his or another party as I make significantly more then that a week. Has anyone heard of this before as Ive heard horror stories about getting wage replacement before.

2. I suffered a broken shin/shifted ankle socket as well at cuts/bruising everywhere/shoulder and back pain. Thankfully my neck is fine though they scared me after not letting me remove the neck-brace after doing xrays for quite some time. I was taken to the hospital in the ambulance. Am I entitled to any kind of cash settlement for my pain and suffering? Especially since I feel I may end up being out wages at work? I'm also not able to carry on my normal life as its a struggle even getting up and down the stairs now.

3. As for the bike it was a brand new 2011 zx6r. Insurance has written it off and offered me to buy it back which I have done. I have read some conflicting reports online where I may not be able to register the bike in Ontario again due to the fact that's it written off and will have a branded title? I was told and read bikes work differently then cars?

If anyone has some experience in these matters it would be great. Or if someone in the insurance field can give me an HONEST answer that would be nice as well as the IC has already tried to screw me once with this claim.
 
The only thing I can answer with certainty is that if the bike has been branded by your insurance company, it cannot be put back on the road in Ontario. Period. If you buy it back, you'll either have to:

a) part it out
b) use it as a track bike
c) find a clean frame and ownership and transfer everything onto it
 
Sorry about the accident. I wish you a quick recovery. You should go see a personal injury lawyer before making any big decisions.
 
You cannot automatically get pain and suffering. You can sue for that but there are conditions and limits on what you can sue for. Your accident benefits cover your lost wages, medical, physio etc. You will have to sue if you feel your life is altered permanently.
 
VifferFun can probably answer this better, but in Ontario it's no-fault insurance; which means you can't sue the other driver directly... you'll have to deal with your insurance company as well as theres

if you want any hope of getting continued income replacement or want some sort of settlement, you need to get a personal injury lawyer

doing this by yourself, will get your income replacement cut short probably in the next few weeks... and absolutely zero prospect of monetary reimbursement

i know a friend that had his muscle ligaments torn out of his shoulder in a car-accident; he's been waiting 9 years now, and sitting on a 700k settlement... he's waiting for the $1million before he cashes out; but even today he has to see their doctors almost every week... he has these specialists that visit his house, it's the most invasive and intrusive process //.

he's had people private investigators follow him, take pictures... even go as far as talk to his kids at school about him.

so pain & suffering? you're in it for the long haul...

initially his insurance offered him $15k to settle, his lawyer told them to _____ off
 
iFly55 said:
VifferFun can probably answer this better, but in Ontario it's no-fault insurance; which means you can't sue the other driver directly... you'll have to deal with your insurance company as well as theres

if you want any hope of getting continued income replacement or want some sort of settlement, you need to get a personal injury lawyer

doing this by yourself, will get your income replacement cut short probably in the next few weeks... and absolutely zero prospect of monetary reimbursement

i know a friend that had his muscle ligaments torn out of his shoulder in a car-accident; he's been waiting 9 years now, and sitting on a 700k settlement... he's waiting for the $1million before he cashes out; but even today he has to see their doctors almost every week... he has these specialists that visit his house, it's the most invasive and intrusive process //.

he's had people private investigators follow him, take pictures... even go as far as talk to his kids at school about him.

so pain & suffering? you're in it for the long haul...

initially his insurance offered him $15k to settle, his lawyer told them to _____ off
Click to expand...

he'd be lucky to get 700k if his only injury is the (complete) loss of use of his shoulder
 
Scary said:
The only thing I can answer with certainty is that if the bike has been branded by your insurance company, it cannot be put back on the road in Ontario. Period. If you buy it back, you'll either have to:

a) part it out
b) use it as a track bike
c) find a clean frame and ownership and transfer everything onto it
Click to expand...



This is Incorrect as per SF's payout plan but correct for a Irrepairable write-off.

Bignoga said:
3. As for the bike it was a brand new 2011 zx6r. Insurance has written it off and offered me to buy it back which I have done. I have read some conflicting reports online where I may not be able to register the bike in Ontario again due to the fact that's it written off and will have a branded title? I was told and read bikes work differently then cars?
Click to expand...

I believe the reason most people think this way is how it is worded, it is more of a lump sum payout (Always less then the bike is worth which saves them money).
You are technically not buying the bike back but getting the Value of the bike (Before) minus the salvage value (After) as a payout instead of writing the bike off.

I would double check with them but for me my bike had a clean title when I went that route with SF.
 
Sorry to hear about your accident, that possible long-term ramifications would scare me.

Would you mind elaborating on what happened so that other riders could look out for this scenario as well? (i think most of us feel safer when another bike is behind us rather than a car)
 
jeffjones said:
This is Incorrect as per SF's payout plan but correct for a Irrepairable write-off.



I believe the reason most people think this way is how it is worded, it is more of a lump sum payout (Always less then the bike is worth which saves them money).
You are technically not buying the bike back but getting the Value of the bike (Before) minus the salvage value (After) as a payout instead of writing the bike off.

I would double check with them but for me my bike had a clean title when I went that route with SF.
Click to expand...

Yep worked out this way for me. Got the bike back with relatively just cosmetic damage I was actually surprised they wrote it off with no damage to frame or forks. The bike did not receive any brand.

As for elaborating on what happened I would rather not as I am still going through the whole process currently. Once everything is all settled out I would have no issue.
 
I can only comment from an accident benefits standpoint (insert usual disclaimer here, blah blah blah)

Income replacement only covers $400.00 week unless you elected optional benefits. I can help you complete the proper paperwork so it gets processed faster if you want. Your IRB's are subject to any optional benefits you might have access to (extended health care providers like sunlife) They pay first and Statefarm pays after that. As for recouping anything above that..... You would have to civil sue the other persons insurance policy. This could take years...there's no quick fix.

There is no pain and suffering here in Canada. Your insurance policy is only responsible for getting you back to your pre-accident functioning. (standard excuse) There is a $30,000 deductible applied to all 'tort' claims. So unless you meet that threshold, you're pretty much hosed. Being not at fault for your accident, you're already a shoe in.

I agree with everyone here who said you should speak to a lawyer. I can recommend some I have had a good working relationship with in the past. They only take on honest cases and work with insurers to get what the client is entitled to. In the mean time, I can help you with all the forms and submissions to the insurance companies. Feel free to PM me.

Regards
 
Branded bikes are harder to insure, but can be done.
 
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