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Old 10-02-05, 06:33 AM   #1
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post accident: should i buy bike on sale, or wait for settlement details?

I was recently cut off by a car at dusk. After presenting the driver with the repair bill of 2900$cdn (incl tax) he said "i'll have to get back to you" and said he was getting a lawyer. After 2 days of not hearing back, i called his insurance company, which seemed to know less about filling a claim then i did and i was told someone would contact me on monday once they had opened a file and needed all the information from me.

full details in this thread

So do i wait for the settlement ? or do i get the scattante that's on sale (ending today)??
I've heard mixed stories from;
i should only expect 50% of the repairs to be paid for by the driver,
i should only expect 80% of the repairs to be paid for by the driver,
the insurrance company may simply want the repair bill and the old bike, and would pay my local trek dealer directly,
or the insurance company would cut me a cheque.

3 out of those 4 scenario's it's to my advantage to buy the scattante cfr now with a coupon and save, then again, i don't work for the inssurance company, and the info they've given me so far is little to none, nothing is open around here on the weekends, and it takes people 3 days(out of 5 buisness days they're actually open during the week) to get an answer to one question.

Lastly i know my home inssurance only cover's 1000$ on bicycles.

I guess i could buy the scattante and save a 1000$, and then just claim that it's faster then ordering in all the parts seperatly and having a bike rebuilt (probably true). And that the 1000$ extra is going to be spent on upgrading the wheelset, stem, and seatpost, as those seem to be the only week points of the scattante bike.

Any advice would be appreciated, especially from people that have been in this exact situation.
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Old 10-02-05, 06:57 AM   #2
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One usually gets action by filing suit. Something about the arrival of a process server. You can replace your bike & sue for replacement cost. Have you access to a small claims court? No big deal in small claims. Not a court of record generally, so you can always get a de novo look at the claim on an appeal to the court of record above if you don't like something.

If filing suit isn't your dream, then send a certified letter making demand for compensation to the driver with a copy to the insurance company.
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Old 10-02-05, 07:07 AM   #3
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That's tricky b/c every accident claim is different. Since your bike wasn't totaled, dealing with the insurance co. directly, they may only want to pay for repairs and they will "cut" a check to you if anyone. However, if he's getting a lawyer to handle this case, you should too and not deal with his ins. co. By you using a lawyer to represent you, he/she will factor in the cost of the bike and then some. That aside, if you want a second bike and that price is too good to pass up, get it!

Good luck.
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Old 10-03-05, 01:11 PM   #4
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After reading your story, I would expect your insurance company to help you get your bike replaced and then go after the driver and his insurance company for the damages. You're not asking for pain and suffering, lost wages, or anything unusual; just property damages. If your insurance company is not helpful, I'd file directly with his insurance company.
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