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Got rear-ended yesterday (see previous thread) and now I'm wondering what hoops I'm gonna have to jump through to get my aftermarket additions paid for?

Anybody have any experience they would like to share dealing with this type of thing?
 

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It depends greatly on which party is determined to be at fault.

If it is your fault, or a no-fault accident your recovery will be dictated by your policy. Usually this includes:

- Fair market value of you bike including any modifications (often mods are subject to a limit of $500)
- Many policies allow recovery for your helmet (usually to maximum of 400)
- If your bike is repaired, you may be entitled to diminished value. That is, the decrease in value from having been in an accident, even though repairs have been completed (note that many policies expressly exclude this).
- Loss of use and enjoyment of your bike. This is self explanatory. You can go rent a bike to use while yours is repaired, and get reimbursed (also often expressly excluded in policy).

If it is the other parties fault, or, if he is uninsured it changes the calculations in a number of ways. In this situation you are entitled to the above damages plus:

- First, instead of fair market value, you are entitled to replacement costs. This becomes a big deal with mods. There is no maximum limit on reimbursement for the modifications.
- Full replacement of any gear damaged during the accident.
- Reimbursement for any medical bills including your time spent.
- Lost wages
- Pain and suffering
- Any consequential damages
- If you can show that the other party acted with reckless indifference or otherwise grossly negligent you may be entitled to punitive damages.

I realize all the above probably isn’t exactly what you’re looking for (since you weren’t injured at all?).

So basically, just take pictures of all the modifications and damage. Submit receipts for mods if you have it along with estimates for damage repair. If you don't have receipts, submit MSRP from the manufacture of the part.

Have you called your insurance company yet? You realize that they are required to represent your interest in any traffic accident? They will basically act as your lawyer. Do it now, they are more qualified than any advice you receive here (for all you know, I could be making this all up).
 

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cominback said:
Have you called your insurance company yet? You realize that they are required to represent your interest in any traffic accident? They will basically act as your lawyer. Do it now, they are more qualified than any advice you receive here (for all you know, I could be making this all up).
+1 From what u stated in the other thread it sounds like you werent at fault. Make sure your insurance company hears your side of the story. You may run into some trouble with that guys insurance company since he is denying everything and from you said it sounds like he may try to fight it even though its pretty obvious what happened. And yes they will replace aftermarket parts up to a certain value which varies. Where ever you get your estimate from just have them write that in with it. But his insruance company should cover this. Worst case scenario is you may have to get a lawyer if his ins doesnt wanna pay but depending on your company they may pursue that for you.
 
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