holy crap!
go see a lawyer. If you want a non-sleeze lawyer my GF's dad is an 81 year old relaxed lawyer out of Westfield.
It took me YEARS to get the money for my motorcycle and riding gear when I got creamed. Let alone the 6 months I was out of work. Insurance companies suck balls! They will try to give you like $100 for your bike.
Lawyers suck for claims like this. Lawyers are good for complex liability or serious/complex injury cases or in questions of complex coverage issues.
Unless you are dealing with a rinkadink insurance carrier, in most cases, expecially a direct rear collision where the other operator was intoxicated & you were stationary, a lawyer will get you the same settlement you'd get yourself and take one third of it from you, after dragging out the claim process forever. You dont need one unless you intend to seek damages for pain & suffering stemming from injuries, and even then you may not need one. All they do is the same thing you would and then take a third. My advice is to not laywer up & see what you think of the offer made. If its bunk, then contact an attorney. You can get represented at any time. Also it is extremely rare that you would need a lawyer for a property damage claim, and you screw yourself if you get one, becasue you get paid for all your stuff and they take a chunk out of it. Then no new blur...
As someone who works for an insurance company as an appraiser (a not for profit insurance company) I can tell you that in a clear liability case like this where their insured is drunk, etc. all they want to do is FAIRLY settle the claim as quickly as possible. A claim like this is not one you argue as an insurer, it is clear as far as liability and the best thing that any reputable company will do is make a fair offer to make you whole and move on. They will not attempt to low-ball you because if you do get a lawyer who will take a third of your fair settlement, the insurance co will potentially have to pay their defense counsel to respond to b.s. motions, discovery, etc. all to settle anyway, costing them more than to quickly & fairly settle for what ends up being the same amount. A case like this would never in a million years see a court room.
A lawyer doesnt need to be involved unless you feel that they present an offer that is unfair, for pain & suffering, which would be based on the extent of treatment for any injuries you sustained.
That being said, your auto insurance likely will not cover your bike, or rack. Your homeowners MAY if you had a rider for them. You ideally want to present your claim directly to the
other drivers carrier, who has to pay for those items. They will send an auto appraiser who does not likely know squat about bikes. This is where some advanced homework can make all the difference.
WHat you SHOULD do is this:
-You already got great pics- have them available to hand the guy/girl such as on a CD.
-Provide the appraiser with as much documentation as you can regarding the cost of your rack, and your bike. Besides any receipts you can obtain, print whatever you can from the internet regarding what they are selling for used, what current MSRP is, etc. They appraiser may not realize how little a bike like that depreciates. The apprasier may also have no clue what a high end bike can cost.
-Itemization is your friend- the more detailed the information & the more broken down by component/cost the receipt is, the less questions and hassles you will get. The appraiser needs to be able to verify that the smashed bike he is inspecting is the same one that is on the receipt.
- They will total loss the bike- provide documentation for the same build, or for the cost of every component. Spend the time to do the research, provide it to the appraiser. If the apprasier mentions that the fork seems undamaged, mention your concern about the steerer tube. Ask if he has seen the commercial with the dude flying down the mountain when the front wheel separates. Explain that you dont ride bike paths, you ride technical trail, and that a failure like that could result in serious injury. Dont flip out, speak intelligently and matter of factly. They will listen.
-DOnt try to make out....thats when you get hassled. Provide solid, verifiable information to fairly put you where you were just before the idiot hit you and you'll be amazed at how quickly you get paid. The reason people get jerked around is because 80% of insurance claims contain an element of fraud, such as people providing fictitious & inflated receipts, etc. If the appraiser smells a rat, they are gonna dig into every penny. If you present fair honest easily verifiable figures for what you lost & what it takes to get you made whole, your claim will be rapidaly settled.
-Keep in mind that any injury claim you may have is a totally separate issue from your property damage claim (car, bike, etc.). Your PD claim can be settled right away. An injury claim can not be evaluated for what is a fair settlement until all treatment is completed. This is simply because they dont know how bad you are hurt or for how long, until you are fixed.
Finally...I am not an attorney and can not give legal advice....this is friendly advice from someone who does the same thing as the person who will come out to look at your stuff. If you are dealing with a reputable carrier and you request to be made fiarly & reasonably whole, you'll have a new Blur in no time.
-When you find out who the other carrier is, pm me & I can tell you if in my experience they are decent. Feel free to bounce any questions off me too....