Advocacy & Safety - Damaged TREK - Must I eat it?

My '86 TREK 310 was damaged in a collision with a car this morning, and I was wondering if anyone has experience on recovering from Insurance for damage to a bike.

My own insurance told me I could claim it on my homeowners with a $1000 deductible, or, pursue it myself with the Driver's insurance company.

- Is there even a chance that I'll recover the loss to property? - or will they tell me to stick it?

Your homeowners' insurance (with deductible) should cover it regardless of fault. The other driver's insurance should cover it if he was at fault. Your post does not address the issue of fault. How'd this happen?

Hi Kerlenbach and thanks for your post.

The driver was coming down a 2 lane street normally, but when the road curved to his left, he rounded the corner so completely that his car was all the way over in the oncoming traffic lane.

I happened to BE the oncoming traffic: I veered to within about 2 feet from the right curb, but I could not get over far enough to escape.

Since the driver is at fault - assuming that he does not dispute this - his insurance must make you whole. You should bring your bike to a reputable shop and have it appraised for damage and fair replacement cost.

I assume that you've already been checked out medically. His insurance needs to cover your medical as well.

Thank you SeattleShaun!
I have a possibility at least, of recovering the loss on my TREK!

PS- Regarding the ambulance and medical expenses, my insurance said they would take care of it - because in MI., medical costs from so-called auto accidents are "no fault", regardless of who is at fault. (It's a good system actually) - Oddly though, the no-fault logic does not extend to bikes damaged by an auto in an accident. (Go figure).

As an Insurance agent in michigan, I can say with some certianty that you can recover your bike from the drivers insurance. Is there a police report? that will go a long way. Give the driver the option to pay out of his pocket first though, but first time he says screw you, move to his insurance. Dont expect a brand new bike, but at least the money for what yours was worth. Make sure you have this information.

Good luck

Thanks indeed darb85 !
I'm not interested in a new bike, just what it costs to repair it, or fair market value. . . Don't know that it is repairable though.

The police issued a complaint against the driver, and there was also a witness who gave a statement - but frankly, I don't understand the advantage in taking money from the driver: I would rather go after his Insurance Company. (There is a lot of damage to his car, so it's not like they won't see a claim).

Regards,
A

The citation issued by the officer has nothing to do with getting you money. It is a charge by the government for violation of the traffic law and any money/fine assessed will go to the government, not you. You will have to pursue compensation through his insurance company unless he is willing to pay your costs out of pocket (highly unlikely). Since he was cited it may give the insurance company more incentive to settle with you.

The police issued a complaint against the driver, and there was also a witness who gave a statement
That will be a big help for you.


- but frankly, I don't understand the advantage in taking money from the driver: I would rather go after his Insurance Company. (There is a lot of damage to his car, so it's not like they won't see a claim).

There isn't an advantage to you. It's a courtesy (advantage) to the driver. If he submits a claim to his insurance company (he is not required to do so), then the advantage evaporates (since his insurance rates will go up).

(Note that you are not required to extend this courtesty.)

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The citation issued by the officer has nothing to do with getting you money. It is a charge by the government for violation of the traffic law and any money/fine assessed will go to the government, not you. You will have to pursue compensation through his insurance company unless he is willing to pay your costs out of pocket (highly unlikely).
It supports the notion that the driver is at fault. This makes "getting money" easier.


Since he was cited it may give the insurance company more incentive to settle with you.
Very much so (which is why the citation has something to do with "getting money").

Take the bike to one or two bike shops and have them give you written estimates for repair or replacement with something of equivalent quality. In my experience from a couple personal incidents, the driver's insurance policy is likely to give you a settlement to cover the estimate you provide them. Unlike the used car market, where it's frequently possible to find something that pretty closely matches the car that was totaled, the damaged bicycle is more closely matched to the owner and it's not so easy to find a suitable used one of the proper size and geometry. So the nominal 'fair market value' of the damaged bike isn't sufficient to make the owner whole again.

....There isn't an advantage to you. It's a courtesy (advantage) to the driver. If he submits a claim to his insurance company (he is not required to do so), then the advantage evaporates (since his insurance rates will go up)...



Thanks njkayaker, that explains it for me - Though I don't think there is any way to prevent his Insurance company from gouging him (once they get wind of the citation) plus, his car needs to be repaired to be made driveable again.

It supports the notion that the driver is at fault. This makes "getting money" easier.


Very much so (which is why the citation has something to do with "getting money").

But not automatically. I've had to testify in civil court on many cases in which the driver was found guilty of the traffic offense but the insurance didn't settle just because their insured was found guilty. I've seen some fairly minor cases fought tooth and nail. I've also witnessed many occasion in which the traffic court judge dismissed the citation (while charging court costs) and publicly stating that the case should be handled in "civilly" since their were no injuries and both parties were insured. That used to really annoy me.

The reason I said that issuing a citation has "nothing" to do with getting him money is that the government's purpose in issuing the citation is not related to the victim's quest for compensation. It may, in fact, help it but the issuing agency is not concerned about that.

But not automatically.
No, of course not.


I've had to testify in civil court on many cases in which the driver was found guilty of the traffic offense but the insurance didn't settle just because their insured was found guilty. I've seen some fairly minor cases fought tooth and nail. I've also witnessed many occasion in which the traffic court judge dismissed the citation (while charging court costs) and publicly stating that the case should be handled in "civilly" since their were no injuries and both parties were insured. That used to really annoy me.
Interesting.


The reason I said that issuing a citation has "nothing" to do with getting him money is that the government's purpose in issuing the citation is not related to the victim's quest for compensation. It may, in fact, help it but the issuing agency is not concerned about that.
Yes. I just wanted it to be clear that he's better off with the citation than without it. Your point (clarified above) is important too.

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Note that if the driver or the driver's insurance company thought it was the bicyclist's fault (and there was significant damage to the car), you can be sure that they'd be talking to the bicyclist! One reason that they might not even then is to avoid getting involved in a personal injury suit.

Take the bike to one or two bike shops and have them give you written estimates for repair or replacement with something of equivalent quality. In my experience from a couple personal incidents, the driver's insurance policy is likely to give you a settlement to cover the estimate you provide them. Unlike the used car market, where it's frequently possible to find something that pretty closely matches the car that was totaled, the damaged bicycle is more closely matched to the owner and it's not so easy to find a suitable used one of the proper size and geometry. So the nominal 'fair market value' of the damaged bike isn't sufficient to make the owner whole again.
I have no idea what the best strategy would be but here are some things to consider.

It's possible that the cost of a new bike isn't so much that the insurance company would quibble much. One might not want to go on about how old the bike was.

(It's unlikely that this would succeed as an opportunity to get that expensive custom bike you've always wanted! That is, I'm not suggesting doing anything dishonest.)

What you ask for has to be "reasonable". I don't think a new, equivalent bike is unreasonable. The more you ask for, the better your support documentation should be. You should list everything that was damaged in addition to the bike. I don't think it makes sense to list individual bike parts that were damaged unless the overall damage to the bike was minimal and replacing stuff is the way you want to go.

Pick one way to go (new bike or fix the old one) to present to the insurance company because, if you provide multiple ways, the insurance company will pick the cheaper one. For that one way, you might need to provide two quotes to establish that what you are asking for is reasonable (of course, the insurance company is going to pick the cheaper one!).

Note that you are free to do anything you want with the settlement. That is, if you get the cost of a new bike and happen to find a cheaper, used replacement, that is your business.

Hi Nyacker !
And thanks for the add'l advice. I will take it to the Bike Shop (once I can drive a car that is).

My preference will be to repair the bike if possible, because good old steel TREK road bikes are desirable and hard to find around here. (If not, the replacement value for an equivalent bike of another make or model would be ~300, or 400 bucks tops.) I think it is not a lot to to ask of the insurance company, because getting whacked at 40 MPH is no fun at all.

On that note - I am just glad I had new underwear on. When I was a young boy, my mother always said "never wear holey underwear because you might get hit by a car, and it would be embarrassing".

We should always listen to our mothers: I can't tell you how glad I was that I had donned a new pair of Hanes that very same morning!

Must you eat it? Yes, but cook it first.

Keep in mind that my comments/suggestions are opinions.


Hi Nyacker !
And thanks for the add'l advice. I will take it to the Bike Shop (once I can drive a car that is).

If you have injuries, you should make that known (via documentation) to the insurance company.


My preference will be to repair the bike if possible, because good old steel TREK road bikes are desirable and hard to find around here. (If not, the replacement value for an equivalent bike of another make or model would be ~300, or 400 bucks tops.) I think it is not a lot to to ask of the insurance company, because getting whacked at 40 MPH is no fun at all.

If you want to fix some crappy/rusty old Trek, the insurance company doesn't necessarily need to know that!

Keep in mind that the insurance company doesn't necessarily know a lot about bicycle repair or bicycles in general.

The fact that your bike is so old might mean the insurance company will only cover what it's "worth". If you quote a price for a new replacement, the insurance company might say that you already got most of the value out of it and that you only are entitled to the remaining (small) value. It's possible that the insurance company will ask you how old the bike is but I would not necessarily tell them.

Things would likely be simpler if your bike was fairly new. I guess (and hope) that the insurance company would be willing to agree to something reasonable just to make you go away (ie, see comment about indicating any related injuries above.)


On that note - I am just glad I had new underwear on. When I was a young boy, my mother always said "never wear holey underwear because you might get hit by a car, and it would be embarrassing".

We should always listen to our mothers: I can't tell you how glad I was that I had donned a new pair of Hanes that very same morning!
Officially, way too much information!

" ...If you want to fix some crappy/rusty old Trek..."

I'll take that as a compliment!

Also include any damaged clothing, a replacement helmet if you had one, etc.

Also include any damaged clothing, a replacement helmet if you had one, etc.


Hi noisebeam -
Good point - but my teenager said that my newly torn jeans were stylin'.

I hear bikes taste good with a bit of tomatillo sauce and greens on the side

his car needs to be repaired to be made driveable again.

A small aside and no offense meant please understand, but just how big of a boy are you? I can understand him hitting you, causing injury, and tearing up the bike, but you tore up his car?

A small aside and no offense meant please understand, but just how big of a boy are you? I can understand him hitting you, causing injury, and tearing up the bike, but you tore up his car?

Hi Grillparzer -
I blew out his left front tire, and pushed the fender back into his door so that it could not be opened, and also ripped the sideview mirror & base out of it's mountings on the door. (The latter at least, needs to be fixed to drive around the city.)

<Snip>

On that note - I am just glad I had new underwear on. When I was a young boy, my mother always said "never wear holey underwear because you might get hit by a car, and it would be embarrassing".

We should always listen to our mothers: I can't tell you how glad I was that I had donned a new pair of Hanes that very same morning!

That's not a problem for me, I wear bicycle shorts when I ride. So as a result I don't wear undies. So no holes to worry about. ;-)