Auto Insurance Claims: Motorcycle accident, tow yard, motorcycle accident

Question
I was in a motorcycle accident and was found not at fault by mine and the other person's insurance company.

Explorer Insurance(the other person's insurance comany) is handling the claim....it has been about a month and now they are trying to tell me that i have to accept the dammaged motorcycle back minus the salvage cost and transfer and titleing. Plus I have to pay for the towing to the yard from the shop.

Do they have to pay for these things and dispose of the bike? I don't want the bike just the value for the bike.


Thanks in advance for your time!

Answer
Most states require people to mitigate their damages.  That means to do everything possible to minimize costs beyond the property damage.  By allowing your bike to sit in a tow yard for a month, you may have failed to comply with this requirement.  It has nothing to do with fault.

The other company has no legal duty to accept or dispose of your salvage or the associated cost beyond reasonable towing and storage.  One month is far beyond reasonable per most case law.  

This is why we all have the option of filing with our own insurance company at the time of the loss and then allowing them to collect from the at-fault party.  It is another reason why most vehicles should have full coverage.

Good luck.