I'm just shocked how nonchallant you guys are about having a bike wrecked. I'm sure it's a lot easier commenting when it's not your own baby involved, but the guy got rear ended here. No doubt, he did himself a major disservice already by not immediately calling an attorney, but the fact is, he does have some leverage here. He IS absolutely entitled to a similar rental bike - Meaning a Standard Ultra. Regarding parts availability, we've all seen reports here ranging from one to 6 months and more, so that rental ain't going to be cheap.
Also, regarding the future value, I hate to say it, but you guys saying it won't matter are nuts, pure and simple. No doubt that a repair of this amount is going to show up on the Carfax, and any prospective buyer who uses it will definitely be put on their heels. Why would anyone in their right mind pay the same dollar for one bike over another that has major damage reported vs the same thing without? That's just crazy thinking. Would YOU pay the same you paid for your bike new, if you found out it was dropped from a stack in the HD warehouse, and they had a ton of damage to repair? Of course not. Sure, trade in might not be effected, but there again, you're not getting top dollar to begin with, so that's not really pertinent here.
Again, if he had been at fault here, he would be forced to follow the party line here. However, having been stopped, and totally not at fault, he absolutely has some leverage to help better the eventual outcome. If it is found that the other guy was purposely distracted - texting, cell, etc, which is a big media issue right now, he would definitely be able to make some demands - At least including a new bike.
So I guess my question is, why are so many of you guys 'recommending' he drop what remaining leverage he has, not explore what rights he might have, keep his mouth shut, and just accept what the insurance company is planning to ram down his throat? Bizzare??