what happens when insurance property damage coverage is less than totalled motorcycle value?

Get Legal Help Today

 Secured with SHA-256 Encryption

what happens when insurance property damage coverage is less than totalled motorcycle value?

I was hit by a car and their insurance coverage only had a property damage of $5000. The motorcycle will be totalled, and the estimated loss is around $8000, they only want to give me the $5000. can they take the bike and only give me the $5000? also if i wanted to keep my bike even after being totalled can they force me to pay them a salvage fee?

Asked on July 6, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can sue them in small claims court for either the balance of the property damage that is not covered by the insurance if they won't pay you for it on their own, or almost the whole amount--the limit in small claims court is $7500.  Then, if you keep the salvage, they can counter sue you for the value of the salvage.  Try to work it out with them if you can, but suing in small claims court is the easiest way to go. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption