Auto Insurance Claims: Insurance repair obligation, rear brake lever, handlebar risers

Question
A few weeks ago a woman backed into my 09 Harley Davidson, Fat Bob.  Damage includes a dented gas tank, bent rear fender, bent rear fender bracket, damaged front right turn signal, damaged right mirror, bent front brake lever and bent rear brake lever and the handlebar risers are bent.  I took the bike the Harley Dealership where I purchased the bike and was given a quote of $2,500.00 (including labor) to replace the parts.  I also took the bike to two body shops and asked about fixing the tank.  They said the tank could be fixed but that they would have to use a body filler.  Harley said the tank could not be repaired.  She sent in a claim to her insurance company and an adjuster finally contacted me to come check the bike. He claims the tank can be repaired.  

The bike is less than 6 months old and had no prior damage before it was backed in to.  The bike had no body filler in it prior to this accident.  I feel that the insurance company has an obligation to repair the bike back to its previous condition which was new parts without body filler.  Knowing that the filler and the metal tank have different expansion and contraction properties I believe I will have problems with such a repair in the future.  

How do I know an adjuster, that IS NOT a Certified Harley Mechanic, is in fact qualified to give an estimate to replace or repair parts on this bike?  What can I do to ensure the parts get replaced?  Additionally, He indicates that he can have the work done at a shop of their choosing.  I do not know the reputation of that business and I'm not confident that they will take the time to do the work correctly.  I have a certified mechanic that will complete the work.  What are the insurance companies obligations? What can I do to ensure the work is done how and where I want it done??

Thanks for your time and I look forward to your reply.

Answer
Hi Jody,

You should simply tell the insurance adjuster that this is your bike and you will have it repaired at the location and in the manner of your choosing and that if they do not pay the cost in full that you will simply file suit against their insured where you know you will receive a judgement for the full amount. Then they will have to pay the full amount.

The gas tank on a motorcycle should not be repaired with bondo. The constant vibration of a motorcycle may cause the bondo to crack, may cause the paint to fade at a different rate then the rest of the bike and will diminished the value of the bike.

You should simply take the bike to the Harley dealer and put it in their shop for the repairs. Thell the insurance company that it is their and if they have any questions as to the type or method of repairs, they should contact the shop directly.

Don't let the insurance company bully you.


I hope this helps
Richard Hixenbaugh