Auto Insurance Claims: Rear ended, honda goldwing motorcycle, soft tissue injury

Question
I was stopped at a REDLIGHT on a Honda Goldwing Motorcycle. A split second later I heard the scretch and BAM!!!! I was rear ended by a car. He had insurance(PGAC) Damage was $9200 to a $15000 value bike. My mechanic says the bent swing arm and trash transmission can be repaired but the bike will always have problems and never be the same. I was luckey( he hit me at 40 mph on impact) and had no scratches. I went to the hospital for xrays. I had a sore/bruised neck and soft tissue injury. I want the $15K value in that a wreck bike will never have the same value. Honestly physicaly I feel fine but if the offer comes below 15K I know my neck will start hurting. I just want the money for the bike.Any chance without court?? Thanks

Answer
Hi VR,

Unfortunately, the insurance company will only pay the cost to repair the bike. They do not offer more just because it will never be the same. Even if you went to court, you would not get any more on that basis. What you can do is to try to make a claim for diminished value. That is based on the idea that because the bike has been in a collision, no one would ever pay full value when you go to sell it. You may be able to get an additional 2k to 3k for diminished value.

I hope this helps
Richard Hixenbaugh