I would say that tab could be welded back on,BUT if the hit was strong enough to tear the aluminum, you need to have the frame checked to be sure it didn't get stressed anywhere else or bent. from my experience the insurance will call your bike totaled. the vehicle that hit you is responsible. do not settle for anything other than a replacement bike plus some cash money for pain & suffering plus loss of income for time missed from work. don't take there first offer either, most likely they are going to low ball you. don't admit to anything other then it was the other drivers fault. be careful what you say most of the time phone calls are recorded. if your not happy with what they offer you threaten to call a lawyer, if that doesn't work call one that specializes in motorcycle accidents like Russ Brown (not a plug) glad you survived!!!!