Accident Claim with liability coverage only

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Bulza

Well-known member
Please delete thread...!

Hello,

I got into an accident sometime ago. I filed a claim however the other driver did not. Police was present. No charges laid and fault has not been assigned yet.

My question is if the adjuster comes and takes a look at the bike and feels the bike is a write off AND I somehow get fault for the accident eventually..am I screwed both ways?:(

I'm assuming I can't sell the bike and nor will it be street legal.

I only have liability so damages won't be covered if its my fault.

Is the only way to avoid this is cancel my claim and just fix the bike? or if its not my fault would the adjuster still write off my bike either way?

Please advise.

Thanks!
 
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Police fault and insurance fault are totally independent. Ask your insurance company who is at insurance fault. Insurance fault is determined by the insurance fault determination rules, codified into law.

If you are at fault you pay to fix your bike. Even if the insurance company writes the bike off you can ask to buy it back and fix it yourself. You cannot cancel your claim, as you have already filed it.
 
TorontoBoy said:
Police fault and insurance fault are totally independent. Ask your insurance company who is at insurance fault. Insurance fault is determined by the insurance fault determination rules, codified into law.

If you are at fault you pay to fix your bike. Even if the insurance company writes the bike off you can ask to buy it back and fix it yourself. You cannot cancel your claim, as you have already filed it.
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Here is the point I don't understand:

Say if there is some damage the adjuster feels its a write off it off and it is my fault. Does this mean the bike isn't street legal anymore? Or am I confusing two different things here. I know I will have to pay for the damages if I'm at fault.. BUT if the bikes written off doesn't the title of the bike change? meaning I can't even fix it and basically have to sell for parts etc..
 
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Not sure , but if it doesn't change title/ownership it doesn't get branded. So if you were at fault, you would keep the bike and it's on you to fix. Depending on the co. though you may have to go thru hurdles to insure with them again. Jevco IIRC, would write off a bike and would re-insure if you got a structural safety done. There is no such thing for bikes that I have ever found. Even a owner of structural safety shop for cars that rides I spoke to never heard of one. Though this was almost a decade ago. So just changed companies. It's only written off by one company and since it never change title wasn't branded.
 
I just went through a claim and learned a lot in the process. If you're not at fault, the damage is purely cosmetic, and the repair cost is higher than the value of the bike, the insurance company can deem it a total loss with the option for you to keep the bike on the road with the payout (to fix it yourself), minus the cost they would have received from salvage (if you weren't to keep it). It's the insurance company that deems the bike repairable/road worthy or not, based on the pictures and damage estimates. If they deem it unsafe, they notify the MTO and the bike is branded on the ownership.
 
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Thanks for the reply Krime.

Almost 2 months after the accident I FINALLY GOT NO-FAULT!! what a relief..

However, I think the bike would be a write off. I took off the tail fairing to look at the frame underneath and turns out it snapped just where the passenger seat starts.

Can someone provide some insight on what options I have?

Is it possible for me to buy the bike off of insurance after they give me an estimate?

I can still repair the bike myself but it wouldn't be street legal anymore correct?

Please advise

Thanks
 
Couple of possibilities. If the ins. co. writes the bike off due to cost of repair being higher than value, they could just pay you the value or allow you to buy it back less the salvage value. Get examples from used sales to see what your bike is worth.

If you buy it "back", it would not have been deemed salvage, so it will not be classed as "not fit", so you can repair it and ride. Cravat being that Jevco used to ask for a "structural safety" before re-insuring it. That doesn't exist for bikes. Just change companies.
 
Riceburner said:
Couple of possibilities. If the ins. co. writes the bike off due to cost of repair being higher than value, they could just pay you the value or allow you to buy it back less the salvage value. Get examples from used sales to see what your bike is worth.

If you buy it "back", it would not have been deemed salvage, so it will not be classed as "not fit", so you can repair it and ride. Cravat being that Jevco used to ask for a "structural safety" before re-insuring it. That doesn't exist for bikes. Just change companies.
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The above is what I don't understand. If the bike has frame damage I thought it would be considered irreparable as it isn't safe to be street legal anymore..?

Thanks
 
I'm pretty sure if the insurance company is made aware of the cracked frame, they will deem it a write-off and it will get branded with the MTO (never to be road worthy again). I'm not completely sure how this works. In my case, it was the first question my insurance company asked me – is there any dents or cracks in the frame (anything beyond cosmetic scratches). Fortunately there was not in my case, so they allowed me to buy it back from them (minus the cost of salvage).

Best of luck with your situation. Hopefully someone who has been through a situation with similar damage can chime in.
 
Bulza said:
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The above is what I don't understand. If the bike has frame damage I thought it would be considered irreparable as it isn't safe to be street legal anymore..?

Thanks
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This is the thing. I'm not completely clear how this works. Over a decade ago I bought a rebuilt R6 from someone who worked at Yamaha. The bike had been in an accident from a previous owner. He bought the bike and fixed it up with OEM parts. The bike had a noticeable dent in the frame, but tracked perfectly straight and the bike was not branded with the MTO, so I was able to insure it on the street. If the previous owner had written it off and put a claim through insurance, I'm sure the bike would have been branded... so I'm unclear on how the bike was able to stay on the road with the dented frame.
 
The damage is only on the sub-frame. I can get a complete tail section for about $200. Other than that it is just cosmetic damage [even though this is enough to write the bike off itself]

So the question really is about being able to buy back a bike [to make street legal] that has frame damage. Maybe I can buy it back and part it out and make some money$$? Of course if only they give it to me for cheap.

Ideally, I'd want to buy it back with a good title after its a write off so I can replace the frame and some cosmetic parts.
 
The adjuster came and took some pictures. He said he will have to tow it to a shop to get an estimate...

What shop do you guys recommend? Snow city?
 
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Bulza said:
The adjuster came and took some pictures. He said he will have to tow it to a shop to get an estimate...

What shop do you guys recommend? Snow city?
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Yes, I'd recommend Snow City. They were great to deal with. Just a heads up if it is a full thorough inspection you'll likely need to leave it with them for awhile since they are busy. Call up there service department and they'll walk you through your options.
 
Once a motorcycle is branded as "salvage" or "irreparable" it's never going to be road legal again as unlike a car it's impossible to get it returned to "Fit" or "Rebuilt" status. It's a one way street for motorcycles.

Here's some reading for you:

http://www.mto.gov.on.ca/english/vehicles/vehicle-branding-program.shtml

Pay specific attention to the motorcycle section:

The "Salvage" and "Rebuilt" brands don't apply to motorcycles. A motorcycle is branded as "Irreparable" where there is frame damage that requires replacement.
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So, you need to wait and see if the insurance company brands the bike. If they do, take the cheque and walk away, you don't want it anymore.
 
Krime, I called Snow City and they have a 3 week wait time....so nvm. I already waited like two months for this.

I found another shop that can do it Monday.
 
THIS is the information I've been waiting for! Thank you Private Pilot!

It seems like it will be branded then and I can't really do anything with it after.

The sub-frame is broken, tail fairing, left fairing, pegs, passenger pegs, complete front end scratched including one headlight, left lever, left frame slider bent, left side mirror and yoshi exhaust damage as well..

I think that should be enough to be written off?
 
Usually once bodywork is damaged, replacement cost puts it in the write off range. From that damage list, might no even be worth it to part out. What bike is it?
 
its a zx6r.

If it isn't a write off.. does the insurance company me pay the repair cost or do they pay the shop directly? What if i don't want to get it fixed and sell it as is? and just keep the money?

Thanks
 
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