Auto Insurance Claims: motorcycle accident, bone contusion, busitis

Question
Hi i was in a motorcycle accident a week and a half ago, another vehicle was at fault his insurance company has accepted liability, they decaled my bike totaled valued it had $6250 and gave me the option to buy the bike back for 784 dollars, which i did so the insurance lady sent me a letter explaining the procedure stating she sent me a check for partial payment $4450 the the motorcycle i would then send my title to them, and receive the remaining 900 some odd dollars when they receive the money, then they would apply for a savage title and send it back to me, it is all in writing and signed by the lady, and on the check it states partial payment for total loss of motorcycle. She called me a few days later after i cashed the check, saying they changed their minds and the bike is fixable and are not declaring it a total loss, and will not be sending me the remaining money, can they do this even though i have it it writing that they would? i also have a torn labrum,busitis,and a bone contusion in my left should from the accident any ideas on what i might be looking at for a settlement? thank you for you help

Answer
Hi Jason,

First of all, what do you want?

The insurance company is making it very clear that if you give back the money, they will repair your motorcycle.

If you settle this as a total loss, your title will be imprinted as "Salvage".  Once you repair it, it's value is reduced to about 55%
of the same motorcycle with a clean title.  Plus, no insurance will
put comprehensive (including theft) and collision on a motorcycle or any other motor vehicle with a salvage title.

With a photocopy of the check and the cover letter from the insurance
adjustor, then the odds of getting the full balance of the claim from the insurance company is practically 100%, even if you have to take them to small claims court.

Under these adverse conditions, you should not release the title until you have a check in hand.  If they don't have a local office,
they can hire a local 3rd party to act as intermediary and give you the check and collect the title. (If it's your desire to settle the claim on the initial basis under which it was started.)

The majority of the value of your injury claim is based on the total
of your medical bills including ambulance and ER plus physical therapy, pain meds, lost wages and payment for any long term or permanent disability with an adjustment included for pain and suffering.  Please use medical doctors with referrals to physical therapy instead of a chiropractor.  Treatment from a chiropractor reduces the value of your claim by 50% or more.

It is far to early to even make a guess at the value of your claim.
Please send me a detailed PRIVATE question as you approach the point of recovery.

Every state has a statue of limitations in which your claim must be settled or a law suit filed or you forever lose all rights to any type of settlement.

If you don't know the statue of limitations in your state, send me a follow up with your state name and I will provide you the information.  Statues vary with 3 having a 1 year limit, about 25 with a 2 year limit and the balance allowing from 3 to 5 years.

I hope that you find this information helpful.  Your feedback by rating my response to this question will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area