Brand new bike (Dura Ace Carbon) Hit by a car...
#1
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Brand new bike (Dura Ace Carbon) Hit by a car...
Title says it all
Last edited by ian0789; 08-10-15 at 05:52 PM.
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Glad to hear you're OK. Good luck with your bike. I don't have an experience to share with you. Just wanted to wish you the best of luck.
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I've been in your position before. DON'T LET THE INSURANCE COMPANY GIVE YOU A PENNY LESS THAN THE MSRP OF THE BIKE NEW! They often go to the silly 'bicycle blue book' website, but turn them down and don't settle for any signatures until they meet your standards on the bike too. (Don't sign for no future medical responsibility, what they care about most)
If they doubt your statement on what the bike is worth, or if the bike has been 100% compromised, contact the manufacturer to get the official MSRP and a statement that a bike that's been through such can't be reliable for future use. (Or any of its parts).
If they doubt your statement on what the bike is worth, or if the bike has been 100% compromised, contact the manufacturer to get the official MSRP and a statement that a bike that's been through such can't be reliable for future use. (Or any of its parts).
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I almost got hit today too. Probably the closest call I've ever had. He couldn't wait 3 seconds for me to pass a parked car so he squeezed in.
Next time I will use the entire lane and they will have no choice but to wait. I shouldn't have even given the option to squeeze that was my fault.
Next time I will use the entire lane and they will have no choice but to wait. I shouldn't have even given the option to squeeze that was my fault.
#7
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I had the same thing happen the Tuesday after Labor Day in 2013. It was a teenage girl leaving high school. She left the scene but I tracked her down. Her insurance company paid to repair my bike and all my medical bills.
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I got hit less than two months ago, and didn't fair as well as you seem. First order is to get a lawyer. Seriously, your injuries seem mild now, but they will get worse. It's not that you're looking to sue, but more that you're looking for legal representation against the vultures known as medical billing and insurance companies.
Take your bike to a reputable bike shop. Have them give you a quote for a COMPLETE build of your bike, in brand new comdition, for MSRP. You can't guarantee discounts for price, so don't accept that from the insurance company. Also, make sure they quote labor, and if any parts are no longer current, then they need to quote a similar bike with modern equipment. Don't let them inspect it, but rather give you a quote.
Keep track of all property lost, damaged, and aesthetically affected (scratches, scuffs, etc). Also, send an email to the manufacturer of your frame, and tell them about the incident. Ask if they can guarantee your bike is safe to ride... 100% safe. The answer will be no, but you'll have it in writing to give to the adjuster.
The lawyer will help with keeping track of the medical side, so follow their advice.
My property has been resolved,, full replacement of my bike, clothes, helmet, custom gear, etc. everything damaged was given to the insurance company (minus the kit that got cut off in the ER), and I got MSRP for it.
Take your bike to a reputable bike shop. Have them give you a quote for a COMPLETE build of your bike, in brand new comdition, for MSRP. You can't guarantee discounts for price, so don't accept that from the insurance company. Also, make sure they quote labor, and if any parts are no longer current, then they need to quote a similar bike with modern equipment. Don't let them inspect it, but rather give you a quote.
Keep track of all property lost, damaged, and aesthetically affected (scratches, scuffs, etc). Also, send an email to the manufacturer of your frame, and tell them about the incident. Ask if they can guarantee your bike is safe to ride... 100% safe. The answer will be no, but you'll have it in writing to give to the adjuster.
The lawyer will help with keeping track of the medical side, so follow their advice.
My property has been resolved,, full replacement of my bike, clothes, helmet, custom gear, etc. everything damaged was given to the insurance company (minus the kit that got cut off in the ER), and I got MSRP for it.
#10
SuperGimp
Ah, that sucks but lost in all this is that she stuck around and came over to check on her - bully for her, there's still a few decent people in this world.
Good luck with your bike, hopefully they'll make you whole. I agree that hitting a stationary object at 25 mph probably means your fork and frame are compromised, and it really doesn't matter what frame material it is.
Good luck with your bike, hopefully they'll make you whole. I agree that hitting a stationary object at 25 mph probably means your fork and frame are compromised, and it really doesn't matter what frame material it is.
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Geoff
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honestly if they offer you any less than what it cost you , seek a lawyer man.
i got hit one time but the guy didn't run off and i wasn't really hurt and he paid for my bike out of his pocket that same day.
but if i would have gotten a lawyer i think would have gotten more than a new bike
i got hit one time but the guy didn't run off and i wasn't really hurt and he paid for my bike out of his pocket that same day.
but if i would have gotten a lawyer i think would have gotten more than a new bike
Last edited by allen254; 08-09-15 at 11:08 PM.
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I was hit by a car running a red light 4 years ago. Bike was almost not toughed, but I was to the tune of multiple broken ribs and collarbone. That was a Saturday. Monday I called the law firm well known for representing cyclists in my area. My biggest concern was accidentally saying or doing something that would get the driver's insurance off the hook. Once I had an attorney, all I had to say is "I've got an attorney" and the insurance callers hang up.
That also saved my having to deal with medical expenses, a real bonus. Got a settlement that was not huge but real. I did lose my bike for a year (sitting in the law firm basement as evidence in case we went to court).
Ben
That also saved my having to deal with medical expenses, a real bonus. Got a settlement that was not huge but real. I did lose my bike for a year (sitting in the law firm basement as evidence in case we went to court).
Ben
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That really sucks that your bike got trashed!! I'm glad to hear that you'll heal.
New bike, medical bills, and don't forget pain and suffering.
New bike, medical bills, and don't forget pain and suffering.
#15
Full Member
I would never ride my Super Six EVO anywhere near a beach where the traffic is crazy. I ride it on back roads as much as much as possible and when I skirt the city I avoid bad intersections and roudabouts. You sound young so you have learned a good lesson here about where you choose to ride. Glad that you are not too badly hurt and it sounds like the bike frame was not twisted.
Last edited by BillyD; 08-11-15 at 07:54 AM.
#16
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The School district police were rather lackadaisical about it. The girl and her mother went to the police later that day. They didn't tell me until I called them. Tracking down their insurance wasn't easy either.
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Keep in mind that you wouldn't be asking for anything extra... and you don't want to be punitive towards a person who took responsibility. Insurance companies will nickle and dime you every chance they get, and they'll make every attempt to get you to close the case before you realize the extent of all the damage to your body. The insurance company needs to do what they've been paid to do, and that is to be a financial buffer between you and the insured.
You need to be compensated for lost wages (taking time off because of difficulty to do your job), property, medical bills, and pain & suffering. The last is the most difficult to quantify. The bike is damaged, it's easy to determine how much that will be to "make whole". Your body though, what's it worth to experience pain that was the result of the actions of someone else.
It's fortunate your injuries weren't worse, but don't be quick to settle. The first thing the insurance company will do is to send you a check for the bike, and stipulate that signing the check will close the case (hiding that at that point they will no longer financially support any other claim). The hospital may try to charge their bills against the car insurance, because paying through personal health insurance will yield them less money. Any bills your personal health insurance company pays (future visits to the dr) will likely need to be repaid to them.
It's a convoluted mess. I hope it goes through with no lip from the insurance company, but I'd still recommend at the first sign of them being unfair that you hire a lawyer.
You need to be compensated for lost wages (taking time off because of difficulty to do your job), property, medical bills, and pain & suffering. The last is the most difficult to quantify. The bike is damaged, it's easy to determine how much that will be to "make whole". Your body though, what's it worth to experience pain that was the result of the actions of someone else.
It's fortunate your injuries weren't worse, but don't be quick to settle. The first thing the insurance company will do is to send you a check for the bike, and stipulate that signing the check will close the case (hiding that at that point they will no longer financially support any other claim). The hospital may try to charge their bills against the car insurance, because paying through personal health insurance will yield them less money. Any bills your personal health insurance company pays (future visits to the dr) will likely need to be repaid to them.
It's a convoluted mess. I hope it goes through with no lip from the insurance company, but I'd still recommend at the first sign of them being unfair that you hire a lawyer.
Last edited by BillyD; 08-11-15 at 07:53 AM.
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Ugh, dude, sorry this happened to you.
I was hit, and like you, didn't want to have a lawsuit, just to have my expenses taken care of. My property settlement included full replacement value for the bike (full price new bike, even though totaled bike was old), all damaged equipment (I was touring at the time, so panniers, racks), all the clothes they cut off me and all medical expenses, travel expenses back home (since my tour was ended) and a small p&s settlement. I did not use an attorney. Since you are missing work you should be entitled for lost wages as well.
You can sign off on the property damage separately from the medical, so make sure all your medical issues are completely resolved before you settle that part, and get yourself taken care of. I got the money for the replacement bike & equipment in a couple of weeks, medical was months later. I took the bike to a dealer and had them asses the damages, and provide two estimates - one for fixing the damage and one for full new replacement value. Replacement was cheaper.
Some people say go straight to a lawyer, but I think every situation is different, and you need to decide for yourself if you need one.
I was hit, and like you, didn't want to have a lawsuit, just to have my expenses taken care of. My property settlement included full replacement value for the bike (full price new bike, even though totaled bike was old), all damaged equipment (I was touring at the time, so panniers, racks), all the clothes they cut off me and all medical expenses, travel expenses back home (since my tour was ended) and a small p&s settlement. I did not use an attorney. Since you are missing work you should be entitled for lost wages as well.
You can sign off on the property damage separately from the medical, so make sure all your medical issues are completely resolved before you settle that part, and get yourself taken care of. I got the money for the replacement bike & equipment in a couple of weeks, medical was months later. I took the bike to a dealer and had them asses the damages, and provide two estimates - one for fixing the damage and one for full new replacement value. Replacement was cheaper.
Some people say go straight to a lawyer, but I think every situation is different, and you need to decide for yourself if you need one.
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my friend that was in a similar accident is still seeing a chiropractor for his back more than a year later, all covered in settlement. Even if you feel fine today, you don't know the long term effects. Get a lawyer. As others have said you might not even get full replacement value of your bike without a lawyer. There is a police report and she was cited, should be an open and shut case for a decent lawyer.
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A - you don't need or even want to lawyer up at this point. They'll just take 33.3% off the top of your settlement and at this point, you don't know what the insurance company will do.
B - as new as the bike is, you should get full retail for it with zero depreciation. Probably will only give what you paid for it, not full MSRP but it won't hurt to push a little
C - you should also push for pain & suffering, if not for you then for the next person this happens to. Standard would be medical bills paid, plus 3x's the medicals for a P&S settlement. If the ambulance ride, treatment, RX come to $2500, you should get $7500 for P&S. They'll balk initially, but that's industry standard, so keep pushing and don't settle for less.
I'm out of the business now, but spent 10 years adjusting P&C claims. PM me if you have any questions or if they offer a settlement you're not happy with.
B - as new as the bike is, you should get full retail for it with zero depreciation. Probably will only give what you paid for it, not full MSRP but it won't hurt to push a little
C - you should also push for pain & suffering, if not for you then for the next person this happens to. Standard would be medical bills paid, plus 3x's the medicals for a P&S settlement. If the ambulance ride, treatment, RX come to $2500, you should get $7500 for P&S. They'll balk initially, but that's industry standard, so keep pushing and don't settle for less.
I'm out of the business now, but spent 10 years adjusting P&C claims. PM me if you have any questions or if they offer a settlement you're not happy with.
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my friend that was in a similar accident is still seeing a chiropractor for his back more than a year later, all covered in settlement. Even if you feel fine today, you don't know the long term effects. Get a lawyer. As others have said you might not even get full replacement value of your bike without a lawyer. There is a police report and she was cited, should be an open and shut case for a decent lawyer.
GH
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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.
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.
#24
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i am not sure what your living situation is, but if you rent and have renters insurance they will cover the cost of the bicycle. i sold my house a year ago and rent now, and i pay $170/year through Allstate for their top of the line renters insurance, and they cover the entire cost of my bikes if they are damaged or stolen no matter where it happens. there are usually 2 types of renters insurance though, one will reimburse you for depreciated value of the items in question and one will reimburse you for the full cost of the items in question, since the difference in price is so little it's always worth getting the best renters insurance possible considering what it covers...
#25
Farmer tan
@ian0789 first of all, stop discussing the details of your accident on the internet. It can only hurt your case if the ins company sees it.
You may feel "ok" for now, but your back could be problematic years from now.
Get a good PI attorney and go after the driver's policy. If that is insufficient to cover the damages, go after your own underinsured policy.
A CT scan runs 12k around here. Sounds like you're in the hole for 20k at least. In California, pain and suffering is usually 2x the medical costs.
Seriously, edit or delete your prior posts and stay off social media for now until it's resolved.
You may feel "ok" for now, but your back could be problematic years from now.
Get a good PI attorney and go after the driver's policy. If that is insufficient to cover the damages, go after your own underinsured policy.
A CT scan runs 12k around here. Sounds like you're in the hole for 20k at least. In California, pain and suffering is usually 2x the medical costs.
Seriously, edit or delete your prior posts and stay off social media for now until it's resolved.