If you are involved in a motorcycle accident due to the negligence of another driver, you probably have some items of personal property that have been damaged, destroyed, or they were lost at the scene of the accident. When I represent a motorcyclist in connection with their injury claim arising out of an accident, I will also take over the responsibility of dealing with the insurance company of the driver at fault regarding reimbursement for damaged, destroyed or lost personal property, and I will handle this claim free of charge. With most motorcycle accident cases that I handle, these items of personal property generally include the following: helmet, jacket, vest, pants/jeans, shirts, gloves and boots. Over the years I have also gotten reimbursement for my clients for personal items such as cell phones, jewelry, underwear, socks, belts, patches that had been sewn on jackets/vests and sunglasses. A motorcyclist is also entitled to reimbursement for any personal property that was in their saddlebags (for example, rain gear, additional clothing for warm weather, thermals, etc.). There is no personal property item too small to ask for reimbursement – even socks. You might have only paid $10 for the socks but by my way of thinking, if the other driver is responsible for those socks being gone, his insurance company should pay for them. But, it is important that the motorcyclist get reimbursed for every single item of personal property that has been damaged, destroyed or lost, and I mean every single item.
Maximize Recovery for Personal Property Claim
Even though I am doing the work to get you reimbursed for your damaged personal property, here are a few things that you can do to maximize your recovery for your personal property claim:
– Keep receipts for your motorcycle gear (helmet, jacket, gloves, boots, etc.)
– If you do not have some receipts, it could be that the place that you purchased the gear can supply you with a receipt.
– Keep the receipt for any expensive jewelry that you wear when riding, especially necklaces and chains because those can be easily lost at the scene of an accident.
– Have photos of jewelry that you wear when you ride
– After the accident, do not throw away any of the damaged personal property. Even if these items are clothes that have been worn or stained, do not throw them away, just put them in a bag.
– If there is a piece of jewelry that you cannot find, check to see if there are any photographs of you wearing the item prior to the accident.
When I submit the claim for damaged personal property to the insurance company of the driver at fault in your accident, I want to give the insurance company as much information as possible about the items. If you are still in possession of the item, I will submit the photograph identifying the item (e.g. model, make, size, etc.) and the damage to each item. In terms of substantiating how much each item cost, receipts are obviously the best way to do that. If you do not have a receipt, I will get you to help me identify the item so I can find that item online and substantiate the cost that way.
Our goal is for the insurance company to reimburse the client for the current retail value of each item. There are some insurance companies that we deal with which do depreciate the personal property item based on the length of ownership and the type of item (e.g. is it an item of clothing, an electronic, etc.).
If you unfortunately find yourself involved in a motorcycle accident, give me a all at 919-942-1181. We can talk about any injuries you sustained in the accident as well as any personal property that was damaged, destroyed or loss as a result of the collision. The phone consultation is always free.
Gary Poole – North Carolina Motorcycle Accident Lawyer “On the Side of Those Who Ride”