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Hit by car on morning commute

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Hit by car on morning commute

Old 04-08-09, 08:45 AM
  #26  
rwp
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Originally Posted by DiabloScott View Post
They probably will give you $500, really they're used to dealing with much bigger settlements concerning BMWs and Escalades. The point is you should have some examples of what you would be willing to accept - that being a complete bicycle in very good used condition. Look at some completed auctions and look at some current ads and when you give them a number they'll probably just write you out the check and it'll be your responsibility to make sure it's enough to get a replacement. Wouldn't hurt to let them know a new one would be $1000 or so.
It's medical bills that worry them. They don't care about the bike at all. I'm surprised anyone is even coming out to look at it. If your medical expenses are minimal, they'll think nothing about a $500 claim for a bike. It costs that much just to have an adjuster waste an afternoon driving to your place to look at it.
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Old 04-08-09, 08:48 AM
  #27  
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Originally Posted by Kojak View Post
.....
I had a similar occurrence several years back, I was on my race bike. The insurance adjuster was pretty shocked when he got the bill. I think he figured "a few hundred bucks, and we'll be clear of this chump".

Handlebars
2 Dura Ace shifters
Mavic Helium front wheel & tire
Reynolds Ouzo Pro Fork
+ various other parts and labor
Helmet
Bibs

I think it was an eye opener for the insurance company. Bikes are just toys, right?
In my experience, the more expensive the bike, the more likely that it's a toy. Same for cars.
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Old 04-08-09, 12:57 PM
  #28  
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Alright everyone, I really appreciate all the great insight and suggestions. I'm going to make it to the LBS in the next day or two, have them do a once over on all the parts, with particular attention to the frame. I'll get an estimate for all work/parts/etc. in writing then wait on the insurance company to get back to me.

Interesting, now that I'm entertaining the idea of a new bike rather than a rebuild, I'm kinda bummed out. While a new bike will be without headache and will be much easier to maintain, I had a nice report with my Cannondale. I guess the silver lining is that I can use my new bike to get back to work (and skip the crowded busses...ugh!) and take my sweet time rebuilding the Cannondale to even better specs than before.

I'll update this thread when I start to make progress with the insurance co/LBS/etc. Thanks!
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Old 04-08-09, 01:10 PM
  #29  
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Originally Posted by jeph View Post
I don't think bike values are on the radar of insurance adjusters. Also, $1.5K of property is nothing compared to what the costs would have been (for property damage) had you been in a car.
Couldn't agree more. I think you are entitled to a machine of your chosing within reason. Although you may be fond of your Cannondale, the company's client was in the wrong and their exposure to malicious litigation is high. Convince them the cost of a replacement machine and your med bills is what you want and you will accept nothing less.

Expect them to stall you. I am no proponent of litigation, and I admire your willness to be more than fair, but I would get onto an attorney's letterhead as soon as possible. THEY WILL SETTLE, but they will act as though it's coming out of their own pockets.

In the mean time, keep riding and practice that emergency right turn.:
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Old 04-08-09, 01:43 PM
  #30  
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Originally Posted by rwp View Post
In my experience, the more expensive the bike, the more likely that it's a toy. Same for cars.
Well ok, fair enough. They are toys albeit toys that are heavily utilized for commuting and other errands. Now that my wife has a car and I don't, I'd be less likely to categorize my bikes exclusively as toys..... they are fun though... much like a toy.

At any rate, I didn't mean to give the impression that it's open season on insurance companies either. In my case, they paid for what was damaged. Nothing more, nothing less. I was very concerned about the frame, but my LBS assured me that it was fine so I didn't insist on it being replaced. I hurt for a few days, but I wasn't "hurt" in any long term sense. One thing to keep in mind, when someone gets more than they are due, the rest of us pay for it in the form of higher insurance premiums or exclusions. Just sayin.....
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Old 04-08-09, 02:23 PM
  #31  
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One thing to keep in mind, when someone gets more than they are due, the rest of us pay for it in the form of higher insurance premiums or exclusions. Just sayin.....
I agree with you, but when you crash and it's someone else's fault, you should be made whole. I don't believe in taking advantage. I do believe that if someone hits me while I'm riding, they should make it right. The driver defers to his or her insurance company and the company should make it right. They are often hesitant to make it right because it cuts into their bottom line.

I'm glad you and your machine were not seriously injured. I don't think replacing the bike is more than the victim is due.
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Old 04-08-09, 02:59 PM
  #32  
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Originally Posted by jeph View Post
A guy at work got hit and his bike totaled. He said the insurance co. gave him the new price for the model of his bike. No depreciation. His bike wasn't that old maybe a few years old.

A bike of yours may be considered a classic. Not sure what they would do. I don't think they have a blue book or something like that for bikes.

I don't think bike values are on the radar of insurance adjusters. Also, $1.5K of property is nothing compared to what the costs would have been (for property damage) had you been in a car.

Insurance companies can be a *****. I think they would be much more concerned about any medical claims you might have, as the bike value is peanuts compared to that.

Good luck.
I had a crash just over 2 years ago. The front fork was bent, the front wheel was TACO'ed and I found stress fractures on the frame. The bike was a 26 year old Raleigh 10 speed. I bought a new bike the following day and they paid the $550 for the bike, and an other couple hundred for all the extras that I had before (rack, fenders), that also included my pants that were torn, my coat that was abraded from hitting the ground. My expenses were just around $1000. The adjuster asked me the e-mail him the pictures I had taken of the bike. I had a check in hand in less than 2 weeks. I asked the agent if he wanted the bike and was told to just put it out with the garbage.

What you are entitled to differs from state to state. I was lucky the insurance agent was pleasant to deal with and sent me a copy of a notice by the state on how the claims work. He just wanted to this case behind him and a $1000 is NOTHING in the grand scheme of things. I am certain that I did a lot more damage to her hood of the car of the day that hit me. I bet there was about $4K in damage to the car. I also figure that my ER bill was probably a grand for the doc to take an X-ray of my thumb (wrenched it, but not broken), and they had to release blood from under my finger nail (sounded scarry, but didn't hurt one bit).

In NY state if a driver hits a pedestrian or cyclists there is a no fault clause for minor accidents (i.e. no loss of life, no long term disability and no broken bones), and the driver's insurance must pay for all physical damages, medical costs, and 80% of lost labor. The victim can NOT receive any money for pain and suffering in this instance because there is no long term injury/death/broken bones/etc. That was fine by me. I got a new bike out of it and a few weeks of minor pain on my thumb. Since then I've put 4000 miles on my bike commuting to and from work.

Happy riding,
André
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Old 04-08-09, 04:41 PM
  #33  
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[QUOTE=subverita;8692117]I agree with you, but when you crash and it's someone else's fault, you should be made whole. I don't believe in taking advantage. I do believe that if someone hits me while I'm riding, they should make it right. The driver defers to his or her insurance company and the company should make it right. They are often hesitant to make it right because it cuts into their bottom line.

Subverita,

I Couldn't agree more. That is exactly the point.

In my case, I had to quibble over some of the finer points of my bike repair using that principle. When I got my bike back, it was more or less the same as it was just before I was thwacked.
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Old 04-08-09, 04:49 PM
  #34  
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In my case, I took detailed photos of the bike, submitted the retail cost of the bike, along with a copy of an e-mail from the builder that the frame wasn't warranted after a crash, along with a complete list of damaged accessories and their cost. Within 2 weeks of submitting the list, they sent me a PD settlement offer for full retail value.

Now....for the injury part....I've still not been released from treatment. I've had some scary incidents where my left leg just goes numb for about 5-10 minutes, and I had to deal with muscle spasms all weekend. This is 9+ months post accident.....
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Old 04-08-09, 05:16 PM
  #35  
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u pay the insurance company a lot now it is there turn. but i dont think that i could scam them to pay me more. i would just want them to pay enough for a new bike and medical expenses, but how to put a price on ur pain i dont know. also, who cares about stripping the paint, it doesnt change the amount of damage....
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Old 04-13-09, 11:05 AM
  #36  
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Well I went to two LBS' this weekend to get an assessment on my bike. The first guy said the frame was straight, but that I should take it to an authorized Cannondale dealer to get it valued and looked at by someone more qualified. He said it would cost about $200 in labor for them to rebuild my bike from the frame-up.

The guy at the Cannondale-authorized shop was an interesting fellow. He refused to give me a firm quote on the bike's value, but did say that the CAAD-9 7T was the comparable version of what I was riding. The CAAD 9 runs $900 at this shop.

Between $200 for a build up, $200 for a paint job, and who knows how much more on new wheels, components, etc., I think I'm going to asses my bike's value at $900 to the insurance company. If everything goes to plan I'll have a nice situation on my hands where I can get a new bike or a fully customizable vintage. Now I just need to sell this notion to the insurance co.
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Old 04-13-09, 11:14 AM
  #37  
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Originally Posted by jeph View Post
A guy at work got hit and his bike totaled. He said the insurance co. gave him the new price for the model of his bike. No depreciation. His bike wasn't that old maybe a few years old.
When I got hit by a car, his insurance reimbursed me for new bike, no questions asked. When my wife's bike got munched when our garage collapsed on it, our homeowner's insurance put up a fight but is letting us get her the bike she wants (she wants an equivalent, they offer a bike w/ the same sticker price today as her old one 20 yrs ago). So it can be done. Still, eye-opening to have to fight the company you pay. Doesn't make me excited to renew with them when that time comes.
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Old 04-13-09, 11:17 AM
  #38  
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Originally Posted by haighter View Post
Well I went to two LBS' this weekend to get an assessment on my bike. The first guy said the frame was straight, but that I should take it to an authorized Cannondale dealer to get it valued and looked at by someone more qualified. He said it would cost about $200 in labor for them to rebuild my bike from the frame-up.

The guy at the Cannondale-authorized shop was an interesting fellow. He refused to give me a firm quote on the bike's value, but did say that the CAAD-9 7T was the comparable version of what I was riding. The CAAD 9 runs $900 at this shop.

Between $200 for a build up, $200 for a paint job, and who knows how much more on new wheels, components, etc., I think I'm going to asses my bike's value at $900 to the insurance company. If everything goes to plan I'll have a nice situation on my hands where I can get a new bike or a fully customizable vintage. Now I just need to sell this notion to the insurance co.
Ask for at least $1000...I guarantee they won't blink.

And don't forget to add in the cost of any clothing or other gear lost in the accident.

And start a file folder for all of this - photos, doctor's visits, your estimates from the bike shop, etc.

Also, now is the time to contact the police. Tell them you want to insert your own statement of the accident into the official report. In most jurisidictions, you have the right to do that. That ensures that your version is part of the official report. Do that soon - it usually takes the police 1-3 weeks to finalize their report, and during that time you can get your own account added to the official record.
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Old 04-13-09, 11:27 AM
  #39  
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Originally Posted by DiabloScott View Post
Vintage Cannondale bike on eBay for $100.

LINK
That $100 vintage cannondale ended up going for $307.50 shipping included. Now figure the cost of assembly and tuneup at the LBS +75 and then any little parts OP might have had that are not on this particular one +75-150.

Just to replace it its $532.50 Not counting compensation for OP's time to get everything done. Damn that vintage bike could end up costing $700. Wait can you rent a bike while the original is getting replaced? That would just bring the cost even higher.

yeah just ask for $1000
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Old 04-13-09, 11:31 AM
  #40  
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Originally Posted by SSP View Post
Ask for at least $1000...I guarantee they won't blink.

And don't forget to add in the cost of any clothing or other gear lost in the accident.

And start a file folder for all of this - photos, doctor's visits, your estimates from the bike shop, etc.

Also, now is the time to contact the police. Tell them you want to insert your own statement of the accident into the official report. In most jurisidictions, you have the right to do that. That ensures that your version is part of the official report. Do that soon - it usually takes the police 1-3 weeks to finalize their report, and during that time you can get your own account added to the official record.

Well, as far as the police report goes - all is set. They got my statement right after the accident, as I was layed up on a gurney. Both my statement and the driver of the vehicle are in the report. The conclusion of the report was that the driver made an unsafe left turn and as such is responsible for the accident and in violation of [some] traffic law (they gave it as a traffic code, don't know what it means).

I've been keeping things in a file, making copies, all that fun stuff.

True about adding clothing and gear. My flasher-lights got smashed. I guess I'll go to $1000 at least, considering all the running around I'm having to do. And the fact that I STILL can't ride. And the fact that it takes time to run around and get all these repairs done. Whew!
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Old 04-13-09, 11:47 AM
  #41  
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I had:
-clothing
-bike
-pain and suffering
-sick time
-compensation for reduction in the mobility of my elbow and the scar. Though that may have been lumped into pain and suffering.
-bandages and medicines
-Dr and hospital co pays
-Plus, the amount my insurance paid

My lady had an $80 ticket and her insurance paid out around $12000 or so.
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Old 04-13-09, 07:39 PM
  #42  
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Originally Posted by EatMyA** View Post
... Wait can you rent a bike while the original is getting replaced? That would just bring the cost even higher.

yeah just ask for $1000
Yes you can rent a bike while waiting for the insurance to pay up, plus the time to fix/replace the bike after that. Renting a bike that keeps adding cost to the claim for each week the insurance company puts off paying up, is about the only thing that helps them settle your claim a little faster.

Week 1 add $200 to my claim

Week 2 add another $200 to my claim

Week 3 add another $200 to my claim

Week 4 add another $200 to my claim

and so on.

Before too long, they could end up paying more for the rental than the new bike.
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