Originally Posted by jit5
As someone who has been down this road many times in Toronto, I always follow the same steps.
Contact the insurance company.
They will want to speak to the constable who attended the accident, to verify that the driver was charged and to get a copy of the accident report he filed.
They will try to get you to go through your own insurance company, don't. Tell them you don't drive and don't have automotive coverage.
Next tell them that since the bike is carbon that a visual inspection will not detect any potential structural cracks. Your bike shop should back you up on this. Do you want to be descending on a bike that has now had its warrantied invalidated? Demand a new replacement at full replacement cost. To expedite matters, if no significant physical injury was suffered and you want to get back on the road quickly, offer to sign a Personal Injury Waiver in exchange for a quick property settlement on your terms.
My record from getting hit to having a new bike in hand is 18 hours using this strategy.
The way that no fault works in Ontario unless their is significant injury requiring rehab and time off work its not worth going for anything more than property. Don't forget to include helmet, clothes, shoes (if scuffed), glasses and anything else you can think of.
What he says. You want full replacement cost. I would probably not even offer the personal injury waiver, I think that is giving up too much. If they give you friction, then lawyer up, but a lot of the time the police report is sufficient and the insurance company will not bother trying to fight it too much, legal fees will add up quicker than the cost to replace your bike (even an expensive bike is the price of a cheap car.)