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Brand new bike (Dura Ace Carbon) Hit by a car...

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Road Cycling “It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle.” -- Ernest Hemingway

Brand new bike (Dura Ace Carbon) Hit by a car...

Old 08-10-15, 03:44 PM
  #26  
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Originally Posted by rms13 View Post
My friend had an identical situation. Drivers insurance paid to replace his bike. He lawyered up and took a few months.

I would assume that where you live you have attornies that specialize in representing motorcyclists, and bicyclist in such matters. As your bike was NEW, and Dura Ace equipted I will assume the insurance investiagator or adjuster will offer youa new bike from K--mart of your choice.

You need a lawyer.
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Old 08-10-15, 04:49 PM
  #27  
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Pics?

Speedy healing.
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Old 08-10-15, 06:48 PM
  #28  
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Seriously, I wish people would stop offering legal advise on the Internet, especially when they don't know what they're talking about. This is a VERY straight forward claim. Unless the insurance company tries to deny liability, you do not need or want an attorney. On a $10,000 claim they'll take $3300 out of your pocket. That's not worth it and this is only going to be a $10,000 claim (not counting the bike).

The he only good advice was to not post about it on the web, particularly Facebook..., and especially no "I'm feeling fine" stuff.
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Old 08-10-15, 07:02 PM
  #29  
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Not sure what carbon and dura ace have to do with anything but if you're okay, I'm glad.
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Old 08-10-15, 07:52 PM
  #30  
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Originally Posted by musicman1 View Post
I have a active lawsuit pending on a driver that hit me and as NJ is a no fault state, your medical falls to YOUR auto PIP coverage.


The driver would be responsible for your damages. Do yourself a favor and get a lawyer. Do not deal with her insurance company yourself. You have 2 years to file.


Stop discussing this here or anywhere on line. Good luck and Im glad youre ok.
NJ is (ahhh) so "awesome"
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Old 08-11-15, 07:16 AM
  #31  
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Originally Posted by bassjones View Post
Seriously, I wish people would stop offering legal advise on the Internet, especially when they don't know what they're talking about. This is a VERY straight forward claim. Unless the insurance company tries to deny liability, you do not need or want an attorney. On a $10,000 claim they'll take $3300 out of your pocket. That's not worth it and this is only going to be a $10,000 claim (not counting the bike).

The he only good advice was to not post about it on the web, particularly Facebook..., and especially no "I'm feeling fine" stuff.
But the thing is, a lot of folks offering advice are doing it from a position of experience with a very similar situation, and a great deal of it is accurate.

Listen to the folks who have been through this (the folks with actual experience and expertise are pretty easy to determine)

If you want someone else to deal with the hassle of getting your bike replaced and your health checked out and addressed
------- Stop posting about this (remove your posts from this thread) --------

(In my experience) Having a lawyer take care of this:
1. makes the payment happen much faster,
2. settlement will give you a larger payout (enough to cover any legal fees and still come out ahead)
3. settlement will happen with much much much less work on your part
4. will help guide you through the other facets of the process that the insurance companies might neglect or not make clear

I had a great experience with a lawyer specializing in car/bike crashes, and am very happy with the result (fair, but certainly not excessive).

Last edited by motorthings; 08-11-15 at 07:16 AM. Reason: love
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Old 08-11-15, 07:26 AM
  #32  
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Originally Posted by motorthings View Post
But the thing is, a lot of folks offering advice are doing it from a position of experience with a very similar situation, and a great deal of it is accurate.

Listen to the folks who have been through this (the folks with actual experience and expertise are pretty easy to determine)

If you want someone else to deal with the hassle of getting your bike replaced and your health checked out and addressed
------- Stop posting about this (remove your posts from this thread) --------

(In my experience) Having a lawyer take care of this:
1. makes the payment happen much faster,
2. settlement will give you a larger payout (enough to cover any legal fees and still come out ahead)
3. settlement will happen with much much much less work on your part
4. will help guide you through the other facets of the process that the insurance companies might neglect or not make clear

I had a great experience with a lawyer specializing in car/bike crashes, and am very happy with the result (fair, but certainly not excessive).
Just as long as you're clear that this is your n=1 experience and unless you've had dozens of accidents and processed half of them yourself and used a lawyer for the other half you really have no basis for making the claims above.
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Old 08-11-15, 07:37 AM
  #33  
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Originally Posted by gregf83 View Post
Just as long as you're clear that this is your n=1 experience and unless you've had dozens of accidents and processed half of them yourself and used a lawyer for the other half you really have no basis for making the claims above.
The fact is that I do have a basis for my statements, just not apparently one that you find acceptable.

i thought that your suggested caveats were adequately clear in what i said, but yes, if i needed to qualify every detail of every fact in my post, i would also add the exact number of accidents i have been involved in (car, motorcycle, bicycle, pedestrian), and included the method, timeline, and success of resolution in a fully annotated bibliography along with graphs and pictures with circles and arrows on each one with notes on the back explaining what each one was (to be used in court). But, clearly i was deluded into thinking that level of detail was unnecessary.
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Old 08-11-15, 07:41 AM
  #34  
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Glad you're ok.
Getting hit would ruin me right now. I've got enough time in court and away from work already(Going into my 3rd year of suing my son's mother for parental alienation).
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Old 08-11-15, 07:41 AM
  #35  
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Originally Posted by ian0789 View Post
Title says it all
After reading all the wonderful advice....

Bike-wise, if it is new you should till have your bill of sale. If not, get it from the shop. If not there, credit card. BUt you will need some actual proof of value.

Second, injuries...this is a straight up liability case. Any medical things will go right into the driver's liability.

People say "lawyer up" then complain about lawyers. I'd hold off until you hear from the driver's insurance company.

But do have proof on the bike which they should totally replace.

BTW...to the rest of the peloton...this is why you don't ever throw receipts away. I had a house fire a few years ago which destroyed my bikes. I was able to rapidly provide the information to the insurance company who happily complied and I ordered what I needed, and they sent me the money before I had the bikes.
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Old 08-11-15, 07:47 AM
  #36  
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Originally Posted by bassjones View Post
Seriously, I wish people would stop offering legal advise on the Internet, especially when they don't know what they're talking about. This is a VERY straight forward claim. Unless the insurance company tries to deny liability, you do not need or want an attorney. On a $10,000 claim they'll take $3300 out of your pocket. That's not worth it and this is only going to be a $10,000 claim (not counting the bike).

The he only good advice was to not post about it on the web, particularly Facebook..., and especially no "I'm feeling fine" stuff.
says the guy who's offering professional insurance claim advice on the internet
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Old 08-11-15, 07:52 AM
  #37  
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Originally Posted by motorthings View Post
The fact is that I do have a basis for my statements, just not apparently one that you find acceptable.
How do you know for a particular case that a lawyer results in a faster, larger settlement? Interested to hears your 'facts'.
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Old 08-11-15, 07:54 AM
  #38  
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Originally Posted by rms13 View Post
says the guy who's offering professional insurance claim advice on the internet
... wish people would stop offering legal advise on the Internet (that is different from my advice)...
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Old 08-11-15, 07:54 AM
  #39  
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Originally Posted by roadwarrior View Post
After reading all the wonderful advice....

Bike-wise, if it is new you should till have your bill of sale. If not, get it from the shop. If not there, credit card. BUt you will need some actual proof of value.

Second, injuries...this is a straight up liability case. Any medical things will go right into the driver's liability.

People say "lawyer up" then complain about lawyers. I'd hold off until you hear from the driver's insurance company.

But do have proof on the bike which they should totally replace.

BTW...to the rest of the peloton...this is why you don't ever throw receipts away. I had a house fire a few years ago which destroyed my bikes. I was able to rapidly provide the information to the insurance company who happily complied and I ordered what I needed, and they sent me the money before I had the bikes.
Good advice but not always that simple. My friend built his bike from frame and parts sourced from various places at good deals. His lawyer had a local shop appraise the damaged bike for full retail on all the parts which is what he got back and was much more then he actually had into the bike. He also got much more for pain and suffering an the insurance company was trying to settle for and he got all that after lawyer's fee because he had a good lawyer who made sure he got all that plus legal fees. In this case, my friend was hit buy a woman in an suv who ran a stop sign and it was inches/seconds away from being a much worse outcome. Maybe OP will get a fair settlement dealing directly with the insurance company himself but from my experience, insurance adjusters main job function is to give people the smallest settlement possible
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Old 08-11-15, 07:59 AM
  #40  
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Originally Posted by gregf83 View Post
How do you know for a particular case that a lawyer results in a faster, larger settlement? Interested to hears your 'facts'.
but actually you are not.
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Old 08-11-15, 08:03 AM
  #41  
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Originally Posted by motorthings View Post
but actually you are not.
So there were none? Facts I mean, to form the basis for your opinion.
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Old 08-11-15, 08:08 AM
  #42  
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Originally Posted by rms13 View Post
says the guy who's offering professional insurance claim advice on the internet
Perhaps you missed the "especially when they don't know what they're talking about" part...
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Old 08-11-15, 08:17 AM
  #43  
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Insurance adjusters are required by law to negotiate "in good faith". That means if their insured is at fault, they have to negotiate a settlement based on that. Assuming the facts are as presented, an adjuster who attempts to assign fault to the OP risks losing his/her insurance license. He/she may try to assign some small percentage of fault to the OP for "excessive speed for the conditions", but it wouldn't be much (possibly 10% or so). Depending on the state, that's either a complete non-factor or it may cause a 10% reduction in the total settlement, but even that is unlikely and relatively easy to fight based on the police report.
At least wait until an offer is made before contacting an attorney.
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Old 08-11-15, 08:25 AM
  #44  
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Originally Posted by bassjones View Post
Insurance adjusters are required by law to negotiate "in good faith". That means if their insured is at fault, they have to negotiate a settlement based on that. Assuming the facts are as presented, an adjuster who attempts to assign fault to the OP risks losing his/her insurance license. He/she may try to assign some small percentage of fault to the OP for "excessive speed for the conditions", but it wouldn't be much (possibly 10% or so). Depending on the state, that's either a complete non-factor or it may cause a 10% reduction in the total settlement, but even that is unlikely and relatively easy to fight based on the police report.
At least wait until an offer is made before contacting an attorney.
One thing I can add in on this is I made sure when I got my bike back I saved my ride on my GPS that was still running after I got taken away. So I went back to the ride and at the point I got hit I could see my speed. I was under the speed limit and I have the shots to prove it just in case.
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Old 08-11-15, 08:49 AM
  #45  
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Originally Posted by ian0789 View Post
One thing I can add in on this is I made sure when I got my bike back I saved my ride on my GPS that was still running after I got taken away. So I went back to the ride and at the point I got hit I could see my speed. I was under the speed limit and I have the shots to prove it just in case.
That will help A LOT
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Old 08-11-15, 09:02 AM
  #46  
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@bassjones ideally, yes. In real life, the adjuster has a range in which they are authorized to settle before going to arbitration. Of course they will lowball their own insured unless they think you're serious about arbitration, i.e. have an attorney threatening to do so. At least in my state.

I know this from discussions with an accident adjuster for a large ins company who is in the family.
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Old 08-11-15, 09:20 AM
  #47  
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I was hit by a car 5 years ago. Bike totaled, injuries minimal, insurance paid everything. For me the incident itself was rather innocuous - or so I thought.

I became scared of riding my bike on roads. I had a brand new bike and I was constantly looking over my left shoulder and couldn't stand being in bike lanes.

I quit riding about two months later. And I was a 300-mile a week guy at my peak.

I went from 192 to 245 pounds. I was a mess. I decided in November to not this let me affect my life anymore. I got a trainer, watched what I ate, started running every day and got down to 180 pounds in June.

Then it happened. I got my bike out. I completely cleaned it, oiled it, adjust everything on it and went for a ride. I haven't been off it since. I'm doing 30-50 miles a day again and I'm no longer scared. I'm a more cautious rider but I'm ok.

And I weigh 173 pounds and am faster and stronger than I ever was.

For me, it wasn't about the injuries, insurance, lawsuits, money or time. It was about losing my desire to bike and that was the worst thing that could ever happen.

Just my story. Yours will be different.
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Old 08-11-15, 10:01 AM
  #48  
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Originally Posted by bassjones View Post
Insurance adjusters are required by law to negotiate "in good faith". That means if their insured is at fault, they have to negotiate a settlement based on that. Assuming the facts are as presented, an adjuster who attempts to assign fault to the OP risks losing his/her insurance license. He/she may try to assign some small percentage of fault to the OP for "excessive speed for the conditions", but it wouldn't be much (possibly 10% or so). Depending on the state, that's either a complete non-factor or it may cause a 10% reduction in the total settlement, but even that is unlikely and relatively easy to fight based on the police report.
At least wait until an offer is made before contacting an attorney.
Despite what the 1-800-findem-fleeceem-and how guys show on tv.

Too many lawyers need to create work for themselves.
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Old 08-11-15, 12:27 PM
  #49  
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contact my lawyers office if you need help....

bendum, over and howe
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Old 08-11-15, 01:02 PM
  #50  
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Originally Posted by rms13 View Post
good advice but not always that simple. My friend built his bike from frame and parts sourced from various places at good deals. His lawyer had a local shop appraise the damaged bike for full retail on all the parts which is what he got back and was much more then he actually had into the bike. He also got much more for pain and suffering an the insurance company was trying to settle for and he got all that after lawyer's fee because he had a good lawyer who made sure he got all that plus legal fees. In this case, my friend was hit buy a woman in an suv who ran a stop sign and it was inches/seconds away from being a much worse outcome. Maybe op will get a fair settlement dealing directly with the insurance company himself but from my experience, insurance adjusters and lawyers main job function is to give people the smallest settlement possible
fify

gh
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