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  1. #1
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    After the accident questions.

    On Wednesday, I was hit by a car. I was travelling at approx. 15-20 km/h headed eastbound on a city 4-lane street (2 lanes in each direction.) I was in the right lane. A car traveling westbound(opposite direction to me) made a left turn to travel southbound down a side street. This intersection has no traffic control, no stop sign, no lights etc.. Problem is the driver of the vehicle did not wait for her path to be clear, she proceeded with the left turn and hit me. I received some cuts and bruises. A Police officer came to the scene, took statements from me and the driver of the car, and gave the driver a ticket. My bike is a complete write off. I took the bike to my LBS who confirmed it is unridable and they gave me a quote to replace the bike. Quote is in the $5000 area. I made a claim with the drivers insurance, and gave the quote to an adjuster who called me back and sounded surprised at the cost. Now he (the adjuster) wants to meet with me. He wants me to give a statement he says, and see the bike. I told him I can meet and see the bike, but that I already gave the police a statement and he can get it from there. He says it takes a long time (2 weeks) to get a statement from the police. I then told him that I will be renting a bike, so the longer it takes to resolve, the more the claim will cost. I guess my question is, Should I meet with this adjuster, should I give another statement. Also, the adjuster told me his client (the driver of the car) will fight the charge. What should I do to resolve this as quickly as possible? All I want is my bike back. I'm not trying to screw anyone! Sorry for the long post...

  2. #2
    Prefers Aluminum Sprocket Man's Avatar
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    I'd worry more about getting the matter resolved properly rather than expeditiously. I wouldn't meet with the claims adjuster at all - they're only looking after their own interest, and they can be very adept at making you say something that will make you look like you are at fault. Is the $5,000 replacement quote in writing? If not, get it in writing and send it to him. Make him wait for the police report.

    Also, the fact that he told you that his client is going to fight the charge is a cheap attempt to scare you into backing down. The police gave his client a ticket and didn't give you a ticket - it's already an established fact that his client is at fault, not you.

    Good luck!
    Last edited by Sprocket Man; 10-07-05 at 06:02 PM.

  3. #3
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    Thanks for the reply Sprocket Man. I did send him the $5000 quote and it is from the bike shop where I purchased the bike. Do I have to meet with him so that he can see the bike? or are pictures enough for him? Thanks again for the reply.

    Quote Originally Posted by Sprocket Man
    I'd worry more about getting the matter resolved properly rather than expeditiously. I wouldn't meet with the claims adjuster at all - they're only looking after their own interest, and they can be very adept at making you say something that will make you look like you are at fault. Can you get the $5,000 replacement quote in writing? If so, get it and send it to him. Make him wait for the police report.

    Also, the fact that he told you that his client is going to fight the charge is a cheap attempt to scare you into backing down. The police gave his client a ticket and didn't give you a ticket - it's already an established fact that she's at fault, not you.

    Good luck!

  4. #4
    Prefers Aluminum Sprocket Man's Avatar
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    Quote Originally Posted by Andor
    Thanks for the reply Sprocket Man. I did send him the $5000 quote and it is from the bike shop where I purchased the bike. Do I have to meet with him so that he can see the bike? or are pictures enough for him? Thanks again for the reply.
    Just to be safe, I'd make the bike available to him, but I wouldn't be present when he inspects it. Maybe you can get a friend or relative to meet with him at your home to show him the bike. And instruct your friend to not answer any of his questions, just plead ignorance. The less you speak with the guy, the better!

  5. #5
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    Also, the fact that he told you that his client is going to fight the charge is a cheap attempt to scare you into backing down. The police gave his client a ticket and didn't give you a ticket - it's already an established fact that his client is at fault, not you.

    Good luck![/QUOTE]
    True, Also the driver of the vehicle was apologizing saying I'm sorry which indicated to me she was quite aware she was at fault. Its funny how now she wants to fight it!

  6. #6
    Potatoes al dente Bibi's Avatar
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    You may consider getting an attorney to protect your interests. The insurance company has no interest in paying you any part of the $5k, afterall. And if they make it difficult on you ... yuck and lots of headaches. Is your bike covered by your homeowners/rental insurance? You could also contact your insurance company then and ask them ...

  7. #7
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    Quote Originally Posted by Bibi
    You may consider getting an attorney to protect your interests. The insurance company has no interest in paying you any part of the $5k, afterall. And if they make it difficult on you ... yuck and lots of headaches. Is your bike covered by your homeowners/rental insurance? You could also contact your insurance company then and ask them ...
    Well, it was her fault. To me that means her liability insurance should pay. If they don't want to, I guess at that point we will need a judge at small claims court to decide.

  8. #8
    Senior Member Dchiefransom's Avatar
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    The insurance company might be only liable for what your bike was worth at the time, not what it would cost to replace it with a new one. Make sure the bike shop specifies that the parts are not repaiable, and must be replaced. When they found out she'd messed up a bicycle, they probably thought they'd have to pay a couple of hundred bucks. If you are covered under any type of insurance, make sure you file the report with them. One company going after the other is different.
    The frame that an insurance company might think is perfectly good might kill you on a 45+ mph descent.

  9. #9
    lws
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    Quote Originally Posted by Dchiefransom
    The insurance company might be only liable for what your bike was worth at the time, not what it would cost to replace it with a new one.
    Her insurance is responsible to "make you whole" -- to provide you with a bicycle which is comparable to the one you were riding the day before the incident. Not a new one, no, but a used bike of equal quality in equal condition. Made-up numbers like what it cost when new and following a straight-line depreciation over some small number of years, don't cut it. $5G *is* an awfully expensive bike, so I can understand their skepticism. If you do have to go to court, it will work against you if it is shown that the estimate was unreasonably, perhaps fraudulently, inflated. So make sure it's an honest quote.

    They may also have to cover your legal costs, should you decide to hire a lawyer.

  10. #10
    The Improbable Bulk Little Darwin's Avatar
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    If it were a car an adjuster would want to see it too... I had an adjuster look at my car after I was rear ended. I already had two different estimates, and both agreed with the appraiser. In my case the appraiser was contracted by the insurance company, and not really interested in whether I got more or less money.

    And as someone pointed out, the insurance is obligated to giving you what you had right before the accident, not a new bike. If your bike was nearly new, then you will get a new bike. If not, then you will have to deal with making sure you get what's fair.

    Also, if they treat it as a car, you will need to give them the totaled bike (makes sense since they are paying for it)... you don't get to strip all of the usable DA (or is it Campy) components off of it AND get a new bike. Insurance companies sometimes offer to let you keep a totaled car if you pay a salvage fee... they may make a similar offer on a bike, but you can't safely assume that will be the case.

    EDITTING: I just realized that this probably sounded negative, I am just trying to say that trying to strip your bike to make sure you get your money's worth may work against you.

    I totalled a car, and a friend with the same model wanted the seats, so I swapped. My settlement was decreased because of the crappy seats...
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  11. #11
    Senior Moment Litespeed's Avatar
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    My husband is going through the exactly same thing with his bike right now. The insurance company is in another state but has spoken to him over the phone. My husband is going to send him pictures of the bike, a copy of the repair cost from the guy who originally built the bike (it was custom made) and pictures of his injuries. I have told my husband to contact our homeowners insurance but he doesn't want to . We will see how all this plays out.

  12. #12
    Senior Member filtersweep's Avatar
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    Quote Originally Posted by Sprocket Man
    Just to be safe, I'd make the bike available to him, but I wouldn't be present when he inspects it. Maybe you can get a friend or relative to meet with him at your home to show him the bike. And instruct your friend to not answer any of his questions, just plead ignorance. The less you speak with the guy, the better!

    Gawd you people are paranoid. If this were a car, you'd be meeting with an adjustor for an estimate (if they didn't just steer you to one of THEIR "approved" body shops). Adjustors only discuss damage- not details of the accident.

    Frankly, I'm very skeptical of this $5000 bike- especially considering that the OP didn't include any details. $5000 might be a new bike at full retail, but who actually pays that?

  13. #13
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    The bike is a 2005 Extralight complete with a 10sp Dura-ace gruppo, Ksyrium SL2's, and FSA K-Wing Carbon bars. Not more than a couple of months old. I also understand their skepticism, but the replacement quote is fair, reflecting todays pricing. The adjuster actually told me that if it were $500 to $600 dollars he'd have no problem paying out... Well, It's not my problem the driver was negligent and hit an "expensive" bike, rather than a Walmart special. My bike, and the replacement quote, are from the most reputable shop in town. If the insurance company can find a better deal somewhere else, good! I just want a bike exactly (like new! , actually better than new!) like the one I had before this careless unskilled driver hit me and destroyed MY bike.

    Quote Originally Posted by lws
    Her insurance is responsible to "make you whole" -- to provide you with a bicycle which is comparable to the one you were riding the day before the incident. Not a new one, no, but a used bike of equal quality in equal condition. Made-up numbers like what it cost when new and following a straight-line depreciation over some small number of years, don't cut it. $5G *is* an awfully expensive bike, so I can understand their skepticism. If you do have to go to court, it will work against you if it is shown that the estimate was unreasonably, perhaps fraudulently, inflated. So make sure it's an honest quote.

    They may also have to cover your legal costs, should you decide to hire a lawyer.

  14. #14
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    Frankly, I'm very skeptical of this $5000 bike- especially considering that the OP didn't include any details. $5000 might be a new bike at full retail, but who actually pays that?[/QUOTE]


    Well. It's not $5000 cash I'm after, so if they can get the same bike for $5, I'll be satisfied!

  15. #15
    'possum killer chuckfox's Avatar
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    Andor, you should hang in there for a full settlement. The insurance company is lucky not to have to pay a huge medical bill while you lay in a coma in the hospital. I wouldn't hesitate to remind them of that if they balk. Insurance companies are set up to slow play you, but in the end $5000 is nothing for them. I think if you hang in there they will pay.
    Now Wheaties are cheaper than gasoline!

  16. #16
    'possum killer chuckfox's Avatar
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    You should not be penalized just because you have (had) a nice bike!
    Now Wheaties are cheaper than gasoline!

  17. #17
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    Quote Originally Posted by chuckfox
    You should not be penalized just because you have (had) a nice bike!
    Exactly what I was thinking! Thanks chuckfox.

  18. #18
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    I recommend not talking with te adjuster. I do recommend contacting an attorney. that kind of money is worth the consultation of a lawyer.

  19. #19
    Cycle Year Round CB HI's Avatar
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    Consider renting the best bike you can and let the insurance guy know the longer they take to pay up, the more it will cost them.

  20. #20
    Prefers Aluminum Sprocket Man's Avatar
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    Quote Originally Posted by filtersweep
    Gawd you people are paranoid. If this were a car, you'd be meeting with an adjustor for an estimate (if they didn't just steer you to one of THEIR "approved" body shops). Adjustors only discuss damage- not details of the accident.
    Hey idiot, read the original post again. The adjuster wanted the OP to "give another statement". You are absolutely incorrect, adjusters discuss details of the accident all the time, and they note any inconsistencies between what you may say and the police reports. Read this job description: http://www.careerplanner.com/Job-Des...estigators.cfm. Maybe you'd better read more carefully before you blurt out "Gawd you people are paranoid."
    Last edited by Sprocket Man; 10-10-05 at 06:07 PM.

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