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  1. #1
    Join Date
    Aug 2007
    Posts
    1

    Question Collecting On A Property Damage Claim

    Hello --

    2.5 years ago, my brother was riding my fiances new(4days old) motorcycle, and got hit by a car. the officer working the wreck found noone at fault, even though she hit him by running a red turning arrow. Jared did not have insurance on the bike, 1) b/c it was still new( he hadn't had the chance to go get the ins) and 2) state of Florida law says it is not required on a bike less that 5,000 unless its financed. My brother, after life flight and trauma unit stay, got a lawyer to handle the bodily injury claim. the ladies insurance company settled for the max of her policy- 25,000 for the bodily injury. They are giving us a hard time about the property damage. Her insurance company sent out an apraiser and he appraised the bike for 5K (Jared paid 4800 for it). They are not wanting to give Jared but 1100 and they want to keep the title due to my brothers negligence and a witness statement. 1) there is no witness statement in the police report and 2) by them giving my brother 25K for the bodily injury, aren't they required to pay the full property damage as well even though the bike doesn't belong to my brother??? wouldn't them giving him 25K be taking responsibilty for the entire accident??? we have a lawyer working in this but it has been 2 years with no luck.... WHAT ELSE CAN WE DO???? my fiance is wanting to sue my brother and I think he needs to be suing the lady that hit my brother...... any input or advice on this situation would be wonderful considering this is putting alot of strain on the relationship with my parents, brother, fiance and myself..... HELP ME PLEASE!!!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Collecting On A Property Damage Claim

    It would be nice if your brother would man up and pay off your fiancÚ.

    The insurance company doesn't have to offer more than they believe they owe. If your brother doesn't like the offer and isn't able to negotiate a better deal, he can sue them.

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