DuckSouth.com

I had a 4 wheeler stolen that was like 4 years old and the insurance I had paid to replace it with a brand new one. I dont know why yours would not do the same thing. State Farm is a big joke anyway..

drakes4fun wrote:Like BR said it is called depreciation. Just like it would be on a car or truck but much more on an ATV. Sorry.

thats fine but i can not take the money that they are offering me and purchase a 1999 - 2001 4 wheeler.

and thats a bunch of bull $#!+

E

haha, i understand the frustration. That fellow should man up and pay for the difference

SFDdelta1 wrote:

BR549 wrote:

SFDdelta1 wrote:well i got a offer just now from the *!@#@* heads

$2600.00 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

i can not even find one anywhere in the country for under 3800.00 what a crock of *!@#@*

anyone know any big shots or is one at state farm

E

Yes I do and just got off the phone with him. According to N.A.D.A. for a 2001 TRX500FA Foreman Rubicon which by the way was the only model made that year. Low retail is 2040.00 High Retail is 2680.00 The bike listed new for 6999.00 and usually sold new from 57 to 6200.00 First off I don't see how you can expect the insurance company to give you more than the high retail value. Now you can always sue the man who had the insurance and his insurance co for more but you probably won't get it. Not to mention what you will spend in attorny's fees by doing so.
Now if you go over to Kelly Blue Book They show the high retail to be 3065.00 for the same bike. If you show that to the insurance co you might can get them up to that but don't expect any more. The bike is only worth around 24 to 2600.00

So how is that there was nothing wrong with my 4 wheeler until this guys kid hits my 4 wheeler breaking the mounting bracket for the rack totaling the bike out.

1st i had not reason nor desire to purchase a new bike or get rid of mine

2nd i spent over a thousand dollars last year fixing everything that could be wrong with by a honda certified tech

3rd if you look on traderonline I can not even purchase a 2001 Honda Rubicon for less than 3999.00

4th I am getting the shaft cause this guy lets his kid run wild its going to cost me anohter 1500 to purchase a bike like that one I had.

i am getting F U C K E D IN THE booty AND NOT EVEN GETTING A KIS OR A REACH AROUND F U C K ME RUNNING

E

seriuously, find some comparables and print them and fax to the adjuster. he's looking at a book not what they really go for. They are to put you back like you were before the lose, not what the book says, tell them to find one you can buy for the book value and you'll take it. Do this!! I am serious.. Tell them you have documentation and they have a freakin book. Ask them where they found one for sale for that amount and you'll take it

Read your policy. It probably says they will pay the depreciated value as stated in the book and not replacement value, that's it. If that is the case then you are wasting your time with finding comps and asking them to find you one. It all hinges on what the policy says.

Filing suit against the parents of the kid is one option. However, the difference between what the insurance settles for and the cost to replace will definitely be below the $2,500 limit to get it into Justice Court. Going to have a hard time finding a lawyer to take that case. The case will also have to be filed in the county where the damage occurred or where the defendant lives. If memory serves I think this kid has some sort of mental disability. Not saying that will justify what happened at all, but, all that is going to get drug up in front of the Justice Court Judge and may weigh in his ruling.

Bear in mind that Justice Court Judges are not attorneys. It is more of a common sense court, which is good in a lot of ways, and you both will get to represent yourself. Unless you do get an attorney to take the case which I doubt.

Raw deal and not what you want to hear.

Seymore wrote:Read your policy. It probably says they will pay the depreciated value as stated in the book and not replacement value, that's it. If that is the case then you are wasting your time with finding comps and asking them to find you one. It all hinges on what the policy says.

Filing suit against the parents of the kid is one option. However, the difference between what the insurance settles for and the cost to replace will definitely be below the $2,500 limit to get it into Justice Court. Going to have a hard time finding a lawyer to take that case. The case will also have to be filed in the county where the damage occurred or where the defendant lives. If memory serves I think this kid has some sort of mental disability. Not saying that will justify what happened at all, but, all that is going to get drug up in front of the Justice Court Judge and may weigh in his ruling.

Bear in mind that Justice Court Judges are not attorneys. It is more of a common sense court, which is good in a lot of ways, and you both will get to represent yourself. Unless you do get an attorney to take the case which I doubt.

Raw deal and not what you want to hear.

attorney is sitting on go - its not my insurance company it is his. According to my attorney they either have to repair my 4 wheeler back to the condition it was in prior to the accident or replace it. This does not mean write me a check for 2500.00 but locate a 4 wheeler that is comprable to mine. What will come back and bite them in the ass in court is they do not supervise the child while at the hunting camp - this is common knowledge

E

ducman77 wrote: State Farm is a big joke anyway..

+1

Ask SF to pay for the damages and then you get to keep the bike. Buy another one with the $3000 they give you plus some of your own $$$, then sell the parts off your old bike on ebay or use it for spare parts. It sucks and its a hassle but its better than them taking your old bike and only giving you $2600. Like someone said before, they can't pay you more than its worth.

Being it is not your insurance company nothing says you have to take the 2600.00 refuse it, and give them your attorneys name, by the way your neck hurts real bad doesn't it.

Doc & Nash wrote:Being it is not your insurance company nothing says you have to take the 2600.00 refuse it, and give them your attorneys name, by the way your neck hurts real bad doesn't it.

my friends son that was riding was saying this weekend about his neck and his back hurting

E

Since it isn't your insurance, that's a different story. However, the statement that the insurance company has "got to do this" is wrong. The insurance company doesn't have to do anything other than what the policy says they have to do for their insured. If you don't like it, then you certainly can refuse it. It is correct that you should be placed back in the same position you were in prior to the incident. However, if you don't like what the insurance company is saying then you will have to file suit against the parents, get judgment against them for whatever you can, and then set about collecting that judgment from the parents. You have no contract with their insurance.

All a very unpleasant and nasty set of events. If you have retained an attorney, then it is time to let him deal with talking with the insurance company and the people who messed up your bike. That is what he is getting paid to do and anything you do from here out without his knowledge and approval makes his job tougher and jeopardizes your position.

Forget about any resolution to this in the short term and certainly not before duck season is over. If you've started down the legal road you will be lucky to get it resolved before next hunting season.

thanks seymore,

i am waiting now to find out how much they are going to pay for a 2003 model

they are sending a adjuster out to make sure my bike is the 2003 model since like a dumb booty i told them it was a 2001 model.

we have given them till friday to make it right and then we are going to knoxville and rent a 4 wheeler per our lawyers instructions and sue them

and my friends son is complaining that his neck and his back is hurting
E

it'll never go to court, just out of the adjusters hands to someone in upper management, etc, you just have a lazy adjuster. All he has to do is offer you whatever and say "take it or leave it" and then you have to go over their head. Either way, he is done with you cause your jsut another claim to him

They are awful my dads car got broke into and everything that was stole was covered...We are getting 250 back for a 1200 2 month old laptop and thats just the beginning of the BS

thanks Jelly

I have a call into the guy that is over the total loss divison for our area. He is supposed to call me thursday morning. However I have not had anyone call me back when they say they are going to.

the people that filed the claim wanted to a investigation done and wanted to renig on the claim when they found out they were going to total my 4 wheeler

E